As a follow-up to the last post about Alligator Alcatraz, the Eleventh Circuit has reversed and remanded the preliminary injunction issued by Judge Williams. Judges Pryor and Brasher were in the majority with Judge Abudu in dissent.
There has been a trend, even in appellate opinion writing, to use simpler, more forceful language. The disssent's conclusion fits right in: "In sum, the majority, under the guise of de novo review, disregards the district court’s well-supported factual findings in favor of its own, thereby blurring in more than just an idiosyncratic way, the important distinction between legal conclusions and factual findings. [...] Therefore, the majority’s decision to vacate the district court’s order is just plain wrong. I dissent."
The full opinion is available at this link.
5 comments:
The quoted sentence is neither simple nor forceful.
You are not wrong. This sentence is simple and forceful:
"Because the environmentalists and Tribe failed to prove either a final agency action or federal control, and because the injunction, in part, violates a statutory prohibition of enjoining immigration enforcement, we vacate and remand."
LOL calling the plaintiffs "environmentalists" in a way that reads "hippies".
Tough court to be in on this case.
Judge Abudu's previous job was legal director at Southern Poverty Law Center. Wonder how she feels about them being indicted this week?
That indictment is a charade.
I remember "hippies" as in "the hippies went to a demonstration against the war and after, smoked grass and drank Boone's Farm wine under the bleachers."
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