I'm a big fan of sharp writing, but does it cross the line to compare your colleagues to a career offender because they've been reversed so many times it looks like a rap sheep? Here's the 9th Circuit case in which Judge VanDyke does just that.
Apparently, AboveTheLaw didn’t like it: https://abovethelaw.com/2021/08/newsflash-unqualified-federal-judges-are-unqualified/
The entire opinion is a bombshell. The judge blasts his colleagues and despite the ABA’s criticism of Judge VanDyke and Above the Law’s criticism of Judge VanDyke’s opinion, he actually raises some very poignant points about what occurred in the case and the majority’s original opinion and then how, faced with an en banc motion, they withdrew and reversed themselves but snuck in dicta to support future decisions granting relief they were forced to deny here. I actually like what the judge wrote as much as I am sorry to see a defendant not get relief.
ReplyDeleteMaybe he spent all his spare time during the virus pandemic holed up in his chambers reading the book of Scalia dissents.
ReplyDeleteAbove the Law has been a cesspit of clueless, left wing, never-practiced-law smug millenial snark since Lat sold the website.
ReplyDeleteThere have been a series of cases over the last few years in this district and in the Middle District of Florida cracking down on the ADA scams. Here is the latest out of the 11th affirming sanctions against a serial plaintiff and his shady lawyer. https://media.ca11.uscourts.gov/opinions/pub/files/201914353.pdf
ReplyDeleteThat lawyer, Scott Richard Dinin, has been suspended from the practice of law in Florida for 18 months. https://lsg.floridabar.org/dasset/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/3E298192FB451B598525859A000B5490/$FILE/_13.PDF.
I think it's fine & doesn't cross the line.
ReplyDeleteYour welcome.
ReplyDelete-The Federalist Society
I think it's over the line and counter-productive. It's hard to build consensus when
ReplyDeleteyou take no prisoners alive.
Why is collegiality and courtesy still expected of judges and defense lawyers when Gov’t counsel routinely cheat, lie, steal and get no more than a pat on the back from the Bar or the very Courts they disrespect?
ReplyDeleteThe FLSD is a good place to start cleaning up.
The law just doesn’t apply to those standing behind it.