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Election Update - Gohmert:
The appeal is over. The 5th Circuit doesn't even want briefing; they've issued a one-paragraph per curiam dismissal.
The appeal is over. The 5th Circuit doesn't even want briefing; they've issued a one-paragraph per curiam dismissal.
Panel was Higginbotham, Smith, and Oldham.
Higginbotham and Smith are Reagan appointees. (Yes, seriously) and Oldham is a Trump appointee.
Higginbotham and Smith are Reagan appointees. (Yes, seriously) and Oldham is a Trump appointee.
I'll of course defer to @RMFifthCircuit -
But I'm a bit surprised. I expected the appeal to be nuked from orbit. I did not expect it to be nuked from orbit without briefing. That's kind of impressive.
But I'm a bit surprised. I expected the appeal to be nuked from orbit. I did not expect it to be nuked from orbit without briefing. That's kind of impressive.
For the nonlawyers:
Standing is a jurisdictional requirement. Without standing, the court cannot reach the merits of the case. Because it's a jurisdictional requirement, this is one of the rare cases where the court doesn't need briefing from the parties.
Standing is a jurisdictional requirement. Without standing, the court cannot reach the merits of the case. Because it's a jurisdictional requirement, this is one of the rare cases where the court doesn't need briefing from the parties.
Courts can (and must) be sure they have jurisdiction, so even though we have an adversarial system jurisdiction isn't something that a party can concede or waive.
So the court *could* rule on jurisdiction on the record below, without waiting for briefing.
So the court *could* rule on jurisdiction on the record below, without waiting for briefing.
By not waiting for briefing, the 5th Circuit just told Louie Gohmert, in effect, "your lack of a right to litigate this is so apparent that there is literally nothing you can do to fix it." It's the judicial equivalent of "I award you zero points."
It's really hard to explain to nonlawyers just how brutal the disposition of that case really was.
That was "you are barely worth being scraped off our shoe" brutal.
That was "you are barely worth being scraped off our shoe" brutal.
If it was nearly any other lawyers on the receiving end of this I'd feel embarrassed on their behalf, but Team Kraken are such unbelievable examples of walking fertilizer that it's hard for me to care.
Damn - and the mandate has already issued.
I'm not positive, but they may have set a new land speed record for a civil case. https://twitter.com/RMFifthCircuit/status/1345546749956468736?s=20
I'm not positive, but they may have set a new land speed record for a civil case. https://twitter.com/RMFifthCircuit/status/1345546749956468736?s=20
If I was on the receiving end of something as brutal as the ruling that Team Kraken just received in the Gohmert case, I'd eat my bar card, burn my diplomas, find a convenient mountain cave, and withdraw from society in an attempt to escape my shame.
I mean, the 5th didn't even want to see GOHMERT'S opening brief. This isn't just "we don't need a reply" this is "please do not sully our desks with your drivel."
This is supersaturated with professional disdain.
This is supersaturated with professional disdain.
