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Raffi Melkonian Profile picture
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Nov 2 • 4 tweets • 1 min read
So normally I'm posting #Appellatejobs for other people, but not today. Because Wright, Close & Barger LLP has at least one opening. We're looking for people who want to practice appellate law here in Houston that have 1-4 years of experience as a lawyer.

Resumes to me!
Oh and if you have any preliminary questions, dm or email me!
I will refer your questions immediately to the committee on answering questions (also me)
And I should say if you’re think you’d be a good fit but there’s some mismatch with what we’re looking for, feel free to apply. Nothing is set in stone.

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
Nov 3
I'd missed yesterday's CA5 textualism thunderdome between Judges Oldham and Willett - it's a criminal case. But a friend pointed it out to me. *Well* worth reading.

The question is: does the defendant fail if one of those is true or all three?

ca5.uscourts.gov/opinions/pub/2… Image
Just Oldham says the defendant loses if any one of those is true. In other words, they're linked by an "or." In so holding, he has a short treatise of what he calls hyper-literalism, citing the great scholar John Manning (his fed courts teacher). /2 Image
Judge Oldham says that are not to turn textualism into math problems or logic puzzles, but must interpret the statute holistically. /3 Image
Read 15 tweets
Raffi Melkonian Profile picture
Nov 1
CA5 denies mandamus to Planned Parenthood, which is fighting a qui tam action against an individual Relator and the State of Texas. PP wants out of Amarillo, and wants to go back to Austin (where a related case took place).

ca5.uscourts.gov/opinions/pub/2…
The Judge they were trying to transfer away from is Judge Kacsmaryk (a recent appointee). Had the transfer been granted, I suspect they had Judge Lee Yeakel (though haven't checked).

Of course the arguments are couched as about convenience and so on, but 2/
these kinds of fights are often about the identity of the judge or the friendliness of the forum or something like that.
Read 4 tweets
Raffi Melkonian Profile picture
Oct 31
I'm listening to the affirmative action arguments, but there can be few oral arguments that could have less effect on the resolution of the case.

Maybe the arguments will have consequences for public opinion or politics - not talking about that. But surely the cake is baked.
Would the case be any different if counsel got up and said "no affirmative action" and sat down?
Or the other side. It's just a case where prior commitments and the briefs (maybe) are already dispositive. What could counsel possibly say?
Read 6 tweets
Raffi Melkonian Profile picture
Sep 29
The Fifth Circuit reverses and grants judgment *for* a judge who does a prayer ceremony in his courtroom before hearing cases.

Judge Jolly dissents in relevant part. His description of what the scene in Court is like is below. 1/

drive.google.com/file/d/1pmSsfA…
Judge Smith's opinion for the majority is really long, and I'm a little pressed right now. Bottom line: he finds the prayer ceremony consistent with American history in court.
I should note Judge Mack's claim about how SCOTUS and SCOTX run their courtrooms is, to be polite, gobbeldy-nonsense.
Read 4 tweets
Raffi Melkonian Profile picture
Sep 29
There is a very disturbing case heading to CA5 I just happened on.

Judge granted a TRO lifting a student's suspension for sexual assault. The student admitted being a "rapist": but the judge says the process was flawed because of "gender bias."

storage.courtlistener.com/recap/gov.usco… Image
Among the indicia of gender bias the district court perceived was the thesis of one of the expert witnesses (which says men are more likely act in certain socially improper ways). The thesis itself is gender bias, the court says. Image
The judge also says that because the university panel acquitted the student of a second incident where he also confessed rape, but found him liable as to the first rape, that was irrationality explained by gender bias. Image
Read 8 tweets
Raffi Melkonian Profile picture
Sep 27
These primetime football games this week are a tough watch. I like the Giants’ 80s helmets though.
Booger’s pink suit is genuinely nicely done.
Oh here’s what we all want, Joe buck doing jibjab with jimmy kimmel
Read 7 tweets

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