A housekeeping note: today is my last with @Law360 . It's been an incredibly fun 11 years. I was never much of a tweeter, but I did enjoy eavesdropping here, especially on #appellatetwitter . Please hit up @JeffOverley with appellate news!
Dallas COA panel in December said collateral estoppel bars a claim against an atty. Then one judge leaves bench. Client seeks rehearing. New panel with new judge says no collateral estoppel. The now-dissent is essentially the old majority opinion https://t.co/NcvNWh2N4k
Who says Elon is the only one who gets to rebrand? New twitter handle is JessKroch, instead of JessLaw360
(No one spells my whole last name right so I'm keeping it short)
Later today, the US Senate will vote on the confirmation of solo practitioner Rachel S. Bloomekatz's nomination to the Sixth Circuit, which oversees district courts in Kentucky, Michigan, Ohio and Tennessee.
This 2015 oral history with J.Kleinfeld (plus his wife) is a DELIGHT to read. It's giving whale dinners at Harvard, the frontiers of Fairbanks and really frank discussion about political ambition #appellatetwitter https://t.co/GVZZLJqyHx
Fun SCOTUS stats from this term:
50%: unanimous in outcome (counting 3 PCs)
89%: at least one liberal justice in the majority
8%: 6-3 with the 6 Republican appointees all on one side
3%: 5-4 with the 3 Democratic appointees all on one side
BREAKING: The Supreme Court agreed to hear a case that could have far-reaching consequences for the way that federal agencies prosecute alleged wrongdoers, taking on an appeal from a Fifth Circuit ruling that the SEC's in-house courts are unconstitutional. https://t.co/MwQoSrNEkc
In a second QI case denied cert, Sotomayor says "It is time to restore some reason to a doctrine that is becoming increasingly unreasonable. If this court is unwilling to do so, then it should reexamine its judge-made doctrine of qualified immunity writ large."
Court denied a qualified immunity case involving a man killed by St Louis police officers. Sotomayor dissents from denial, saying officers shouldn't escape scrutiny from juries when they use deadly force
Racism is also at issue in the cert denial of Harness v. Watson, which challenged validity of remaining parts of a Jim Crow-era law that stripped the right to vote for those convicted of crimes. Jackson & Sotomayor dissent from denial