Dan Epps
๐ค SpeakerAppearances Over Time
Podcast Appearances
and you know went on a tirade about how steve's criticism of single judge divisions in federal courts basically steve has criticized these practices because they enable litigants to judge shop right they can file lawsuits in certain divisions in certain judicial districts and know for certain who the judge is going to be and he has argued that this is problematic i agree that it is problematic i think a
Judge Jones kind of whipped out this file folder. She said, I have these tweets here printed out. I assume her law clerks printed them out and accused Steve for that criticism of causing Judge Kaczmarek, who's one of the judges for whom this technique has been leveraged, accused Steve of causing him to receive death threats. And it just kind of โ it was very โ
Judge Jones kind of whipped out this file folder. She said, I have these tweets here printed out. I assume her law clerks printed them out and accused Steve for that criticism of causing Judge Kaczmarek, who's one of the judges for whom this technique has been leveraged, accused Steve of causing him to receive death threats. And it just kind of โ it was very โ
fiery and it was an awkward situation to be in. The thrust of her comments were basically trying to paint him as hypocritical for not sufficiently criticizing, you know, forum shopping when practiced by left-leaning litigants. Although he has examples of how people have been concerned about this in ways that don't track ideology, you know, the in patent cases and so forth.
fiery and it was an awkward situation to be in. The thrust of her comments were basically trying to paint him as hypocritical for not sufficiently criticizing, you know, forum shopping when practiced by left-leaning litigants. Although he has examples of how people have been concerned about this in ways that don't track ideology, you know, the in patent cases and so forth.
It was really not a fun experience. I had to figure it out in real time. What I was going to say, I ended up just saying, look, something to the effect of we should be debating these ideas on the merits and not just trying to paint people on the other side as hypocrites. That's really missing the point.
It was really not a fun experience. I had to figure it out in real time. What I was going to say, I ended up just saying, look, something to the effect of we should be debating these ideas on the merits and not just trying to paint people on the other side as hypocrites. That's really missing the point.
In fact, the whole thrust of my earlier comments had been we should try to be able to talk about these issues on the merits, regardless of the fact that there's always going to be partisan stakes to them. And so, I don't know, you watched from home, I believe. What was your reaction?
In fact, the whole thrust of my earlier comments had been we should try to be able to talk about these issues on the merits, regardless of the fact that there's always going to be partisan stakes to them. And so, I don't know, you watched from home, I believe. What was your reaction?
And then criticizing him for some stuff that happened before he was a judge, you know, with there was this attempt to kind of like take his name off an article he had supposedly co-written.
And then criticizing him for some stuff that happened before he was a judge, you know, with there was this attempt to kind of like take his name off an article he had supposedly co-written.
I find plausible, but also I find less likely than the real story, which is that he had been the author and was trying to โ I don't know. I mean, not the real story, but then the alternative explanation.
I find plausible, but also I find less likely than the real story, which is that he had been the author and was trying to โ I don't know. I mean, not the real story, but then the alternative explanation.
Anyway, it was- That's a totally fair thing to criticize, right?
Anyway, it was- That's a totally fair thing to criticize, right?
I mean, but to the extent that the criticism is about โ he's being criticized for where he's devoting his efforts. I mean, also, didn't that happen before all of us were born? Yeah, right.
I mean, but to the extent that the criticism is about โ he's being criticized for where he's devoting his efforts. I mean, also, didn't that happen before all of us were born? Yeah, right.
And you can believe that judge shopping is bad without saying anyone is corrupt or anything like that, right? Right. I mean, it's just... And without... saying something that you know calls the you know threatens legitimacy of the judiciary like it's just acknowledge i mean we can all acknowledge that different judges have different views and approach cases differently.
And you can believe that judge shopping is bad without saying anyone is corrupt or anything like that, right? Right. I mean, it's just... And without... saying something that you know calls the you know threatens legitimacy of the judiciary like it's just acknowledge i mean we can all acknowledge that different judges have different views and approach cases differently.
And part of the way justice works is that you kind of roll the dice.