Appellate Judges

Supreme Court Justice and Former Seventh Circuit Judge Cries Fake Tears About Public Perception

Justice Barrett is originally from Louisiana and while sitting on the Seventh Circuit was keen to cite to published 5th Cir. Precedent first.

Barrett concerned about public perception of Supreme Court

Justices must be “hyper vigilant to make sure they’re not letting personal biases creep into their decisions, since judges are people, too,” she said.

SEP12, 2021 | REPUBLISHED BY LIT: SEP  14, 2021

In re A.F. Moore & Assocs., 974 F.3d 836, 841 (7th Cir. 2020)

We do not doubt that the district court acted in good faith when resolving the motion before it, but had it considered the appropriate standard for a stay pending a petition for a writ of certiorari, it may well have realized that its position was fraught.

The defendants’ motion obligated the district court, which had been reversed by a reviewing court, to weigh the likelihood that it might be later vindicated by our own reversal.

That analysis is only a step removed from a court declaring that it was right all along and entering the judgment just reversed—the most obvious violation of the mandate rule.

See Deutsche Bank Nat’l Tr. Co. v. Burke , 902 F.3d 548, 551 (5th Cir. 2018) ;

Barrow v. Falck , 11 F.3d 729, 730 (7th Cir. 1993).

District courts have routinely refused invitations to engage in this sort of stay calculation for just that reason.

See, e.g. , William A. Graham Co. v. Haughey , 794 F. Supp. 2d 566, 569 (E.D. Pa. 2011) ; Lentz , 352 F. Supp. 2d at 726 ; Mister v. Illinois Cent. Gulf R.R , 680 F. Supp. 297, 299 (S.D. Ill. 1988) ; Studiengesellschaft Kohle, mbH v. Novamont Corp. , 578 F. Supp. 78, 80 (S.D.N.Y. 1983).

In this case, an additional factor dispelled any doubt about whether the district court could go down this road: we had already denied the defendants’ request for the very same relief.

Once we refused to stay the mandate, the taxpayers’ only recourse was with the Supreme Court, which has ample authority to stay our judgment under § 2101(f) or otherwise.

See S. CT. R. 23 ; Ohio Citizens for Responsible Energy, Inc. v. NRC , 479 U.S. 1312, 1312, 107 S.Ct. 682, 93 L.Ed.2d 692 (1986) (Scalia, J., in chambers) (noting authority to issue stay even when § 2101(f) does not apply).

The district court, in contrast, was not in a position to overrule us.

Tennessee College Alumni to Justice Amy Coney Barrett: You Lied at the Senate Hearing

An alumni at Rhodes College created a petition for the school to remove Supreme Court Justice Amy Coney Barrett from the school’s Hall of Fame

Texas Judges and Lawyers Pray Together at St. Thomas More Society of the Diocese of Dallas

A Divine Failure: The Society sponsors the annual Red Mass to invoke divine guidance and strength during the coming term of the Court.

SCOTUS 2022: Book Deals and Personal Security Rather Than Justice for the American People They Serve

Supreme Court Justices Gorsuch and Barrett received six-figure book advances last year for upcoming book projects.

Supreme Court Justice and Former Seventh Circuit Judge Cries Fake Tears About Public Perception
Click to comment

Leave a Reply

Your email address will not be published.

Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-21 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top