Three-judge panels aren't just reserved for the courts of appeal. You can sometimes get them at the district court level. One common example is when plaintiffs challenge the constitutionality of congressional or statewide legislative maps as racial gerrymandered under the Equal Protection Clause. In such a case, the chief judge of the federal appellate court appoints two judges to sit on a panel with the district judge who originally drew the case (one of the two "added" judges must be a circuit court judge).
That’s how a three-judge panel consisting of Judge Becerra, Judge Ruiz, and Circuit Judge Britt Grant ended up deciding whether there was enough evidence to send a racial-gerrymandering challenge to trial in Cubanos Pa’lante v. Florida House of Representatives. Judge Becerra had the case first, and Chief Judge Pryor designated Judges Ruiz and Grant to join her. Ultimately, the panel held there was sufficient evidence for a factfinder to conclude that “race played a predominant role in the drawing of” four of the eight challenged district (seven state-house districts and one congressional district). Decision here.
So, those three judges were on the same page. Now let me introduce you to another recent Voting Rights Act. This one's from Texas, LULAC v. Abbott, and also dealt with racial gerrymandering claims. No such harmony here. The circuit judge appointed to sit on that panel, Judge Jerry E. Smith, issued a blistering dissent from the panel's issuing of a preliminary injunction. That decision here.
Hard to really describe the intensity of this dissent. Here are a few quotes:
"In my 37 years on the federal bench, this is the most outrageous conduct by a judge that I have ever encountered in a case in which I have been involved."
"The main winners from Judge Brown’s opinion are George Soros and Gavin Newsom. The obvious losers are the People of Texas and the Rule of Law."
"When I was a newer on the bench, a friend asked me, 'Now that you’ve been a judge for a few years, do you have any particular advice?' I replied, 'Always sit with your back to the wall.'"
Whoa.
Curious whether the Chief Judge of the Fifth Circuit should have foreseen that combustible panel mix coming.
1 comment:
Glad our judges come across as pros on this. The dissent in the Texas case is way off the rails. Btw, the news out of the USAO is disturbing. To those still in there who think they can just stay out the way - good luck with that.
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