I mean, that’s what good appellate opinions do. They’re not always modern Fifth Circuit opinions. It’s literally a a lower court judge’s job to craft an opinion that won’t be reversed. Judges regularly rule with alternative reasonings explained to prevent reversal on appeal.
I mean, that’s what good appellate opinions do. They’re not always modern Fifth Circuit opinions. It’s literally a a lower court judge’s job to craft an opinion that won’t be reversed. Judges regularly rule with alternative reasonings explained to prevent reversal on appeal.
To be clear, I wasn't taking issue with your wanting this decision two weeks earlier. I would have liked that too. I think, as you do, that the arguments in the panel's opinion were based on settled law. If, someday, somebody writes up the story of how this opinion was crafted and reached, I'll be curious as to what the judges' thinking was, and how it evolved, as well as in what if anything caused the delay. Not going to hold my breath though.
I mean, that’s what good appellate opinions do. They’re not always modern Fifth Circuit opinions. It’s literally a a lower court judge’s job to craft an opinion that won’t be reversed. Judges regularly rule with alternative reasonings explained to prevent reversal on appeal.
The bottom line is that I think this ruling could have come out two weeks ago. It didn’t. I’m moving on.
To be clear, I wasn't taking issue with your wanting this decision two weeks earlier. I would have liked that too. I think, as you do, that the arguments in the panel's opinion were based on settled law. If, someday, somebody writes up the story of how this opinion was crafted and reached, I'll be curious as to what the judges' thinking was, and how it evolved, as well as in what if anything caused the delay. Not going to hold my breath though.