A 3-0 decision from the Eleventh Circuit criticizes a district court that rejected a transgender man's claim. Also: New Law Dork paid subscriber features!
It is interesting to note that the states within the Eleventh Circuit where originally part of the Fifth Circuit and that the Eleventh Circuit was created by splitting the Fifth Circuit. The extreme divergence in the quality of the legal decisions coming from these two circuit courts couldn’t be more striking. Bravo to the Eleventh Circuit!
The two judges on the most recent panel of three to hear that case were Chief Judge Richman, a Bush 2nd appointee, and Judge Ramirez, a Biden appointee. Judge Ramirez was the sole dissenter in the previous Fifth Circuit panel to address the case. Trump has hollowed out the once highly regarded Fifth Circuit, as The Guardian has noted:
"But the fifth circuit, based in New Orleans, Louisiana, has long shown an ability to punch above its weight. Half a century ago it was seen as a trailblazer as it handled most civil rights cases. In 1964 Time magazine quoted a leading lawyer as saying: 'Without the Fifth Circuit, we would be on the verge of actual warfare in the South.'”
"The court’s transformation mirrored the politics of the deep south, recruiting from increasingly conservative ranks of judges and legal scholars. Of its 17 active judges today, 12 were named by Republican presidents."
Thanks for the first correction. It’s hard for me, a former resident of Texas, but now happily an escapee to Massachusetts, to keep up with all the crazy legislation coming out of Texas.
Secondly, for most of my forty years of practicing law in Texas that ended in 2019, my experiences with the Fifth Circuit (both the old and old and new) were almost exclusively positive. The nose drive started around that time as the Trump appointees came to the court.
Great update, gives me a little bit of hope, it's unbelievable but yet believable how regressive this country has gotten over the last few years, although we've been on the path for nearly 50 years. Canada and many European countries are well advanced beyond the United States. Looking forward to Law Dork Nine......great idea.
It is interesting to note that the states within the Eleventh Circuit where originally part of the Fifth Circuit and that the Eleventh Circuit was created by splitting the Fifth Circuit. The extreme divergence in the quality of the legal decisions coming from these two circuit courts couldn’t be more striking. Bravo to the Eleventh Circuit!
With the notable very recent exception of the Fifth Circuit panel 2-1 opinion continuing the stay of Texas S.B. 8.
Don't pat the Fifth on the head for that one. They knew the country and SCOTUS was watching and they knew they were profoundly wrong.
The two judges on the most recent panel of three to hear that case were Chief Judge Richman, a Bush 2nd appointee, and Judge Ramirez, a Biden appointee. Judge Ramirez was the sole dissenter in the previous Fifth Circuit panel to address the case. Trump has hollowed out the once highly regarded Fifth Circuit, as The Guardian has noted:
"But the fifth circuit, based in New Orleans, Louisiana, has long shown an ability to punch above its weight. Half a century ago it was seen as a trailblazer as it handled most civil rights cases. In 1964 Time magazine quoted a leading lawyer as saying: 'Without the Fifth Circuit, we would be on the verge of actual warfare in the South.'”
"The court’s transformation mirrored the politics of the deep south, recruiting from increasingly conservative ranks of judges and legal scholars. Of its 17 active judges today, 12 were named by Republican presidents."
See: www.theguardian.com/law/2021/nov/15/fifth-circuit-court-appeals-most-extreme-us
Two things:
One, I covered this week's S.B. 4 (not S.B. 8, that was the vigilante abortion law) decision here: https://www.lawdork.com/p/fifth-circuit-texas-sb4-stay-denial
Two, "half a century ago," it was the old Fifth Circuit, as you noted earlier, so that Guardian piece is a bit odd to present it that way.
Thanks for the first correction. It’s hard for me, a former resident of Texas, but now happily an escapee to Massachusetts, to keep up with all the crazy legislation coming out of Texas.
Secondly, for most of my forty years of practicing law in Texas that ended in 2019, my experiences with the Fifth Circuit (both the old and old and new) were almost exclusively positive. The nose drive started around that time as the Trump appointees came to the court.
I think that's (mostly) fair; I just thought it was odd how that Guardian piece used that history.
Great update, gives me a little bit of hope, it's unbelievable but yet believable how regressive this country has gotten over the last few years, although we've been on the path for nearly 50 years. Canada and many European countries are well advanced beyond the United States. Looking forward to Law Dork Nine......great idea.
A win...but what will happen when it goes back to Hall, who has demonstrated hostility towards Copeland.
Good for the 11th Circuit!