The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Wednesday, November 20, 2019
Judge Barbara Lagoa confirmed to the 11th Circuit
The vote was 80-15
Congratulations Judge Lagoa!
The 11th Circuit has now technically “flipped.” But both Luck and Lagoa are much more down the middle than their predecessors.
David -- I think it's too soon to tell where Luck and Logoa will fall vis-a-vis Tjoflat and Marcus. Both Tjoflat and Marcus are certainly conservative, especially on criminal cases. But remember that Marcus dissented in the Obamacare case; I'm not so sure one could say with certainty how either Luck or Lagoa would come out on that case. Just an example.
4:27, fair enough. And you're right, I'm speaking from a criminal law perspective. Both Lagoa and Luck are good people and are not ideologues. I think they are good appointments.
They are down the middle only if you are in England, driving on the right side of the road. One of them may have a shot at SCOTUS if Trump gets a second term. Otherwise, as young as they are, they are writing decisions for ten years down the road when the Republican party (if it still exists and hasn't been blown to bits by the current members) may re-take the white house and they will have another shot at SCOTUS. If they aren't seeking a higher prize, then maybe-maybe- they will write decisions based on common sense and fairness. But don't bet on it for the immediate future. A Judge with an agenda is a very dangerous person.
Agree with Rumpole. When Judge Pryor was on the SCOTUS shortlist the last time around, some conservative groups campaigned against him because, in one case, he RULED IN FAVOR OF A TRANSGENDER PLAINTIFF. His ruling in that case said, basically, that transgender men and women have constitutional rights. But that put him too far to the left for groups that were hugely influential in the nomination process. The fact that anyone would think of Pryor as too far to the left is truly insane. But outcomes like that will be difficult for ambitious jurists to ignore.
Your welcome
ReplyDelete-The Federalist Society
David -- I think it's too soon to tell where Luck and Logoa will fall vis-a-vis Tjoflat and Marcus. Both Tjoflat and Marcus are certainly conservative, especially on criminal cases. But remember that Marcus dissented in the Obamacare case; I'm not so sure one could say with certainty how either Luck or Lagoa would come out on that case. Just an example.
ReplyDelete4:27, fair enough. And you're right, I'm speaking from a criminal law perspective. Both Lagoa and Luck are good people and are not ideologues. I think they are good appointments.
ReplyDelete2:02, the Federalist Society knows how to use "you're" correctly. You blew your cover. Sorry.
ReplyDeleteThey are down the middle only if you are in England, driving on the right side of the road.
ReplyDeleteOne of them may have a shot at SCOTUS if Trump gets a second term. Otherwise, as young as they are, they are writing decisions for ten years down the road when the Republican party (if it still exists and hasn't been blown to bits by the current members) may re-take the white house and they will have another shot at SCOTUS. If they aren't seeking a higher prize, then maybe-maybe- they will write decisions based on common sense and fairness. But don't bet on it for the immediate future. A Judge with an agenda is a very dangerous person.
Agree with Rumpole. When Judge Pryor was on the SCOTUS shortlist the last time around, some conservative groups campaigned against him because, in one case, he RULED IN FAVOR OF A TRANSGENDER PLAINTIFF. His ruling in that case said, basically, that transgender men and women have constitutional rights. But that put him too far to the left for groups that were hugely influential in the nomination process.
ReplyDeleteThe fact that anyone would think of Pryor as too far to the left is truly insane. But outcomes like that will be difficult for ambitious jurists to ignore.
Judges who claim to rule based on "common sense and fairness" are the ones who have an agenda.
ReplyDeleteWhat do you mean by flipped?
ReplyDeleteWhy did twice as many senators vote against Luck's nomination as opposed to Lagoa? Weird.
ReplyDelete@Bob Becerra
ReplyDeleteLagoa is a minority woman. Luck is a white male. Democrats are the "no" votes, and democrats find it easier to vote "no" on white males.
Or perhaps it's because Luck is only 42 and doesn't have the experience for a lifetime appointment to a court of appeals .
ReplyDelete12:38 PM -- Luck is 40.
ReplyDelete