Will Bode

And so I thought, okay, maybe this is good. Maybe, you know, he ditches it out. Now he's going to get a chance to take it. And then I was really underwhelmed by the contents of the file folder. Like, I guess this is one question is whether hypocrisy arguments are productive or good and whether or not sitting fifth circuit judges seemly like there's lots of questions there.

And so I thought, okay, maybe this is good. Maybe, you know, he ditches it out. Now he's going to get a chance to take it. And then I was really underwhelmed by the contents of the file folder. Like, I guess this is one question is whether hypocrisy arguments are productive or good and whether or not sitting fifth circuit judges seemly like there's lots of questions there.

My first problem is the file folder was lame. Like the supposed attacks on like that was a list of like terrible and temperate attacks he'd made on judges were like him just saying things like this case was filed in front of this judge or Judge Kuzmarek is at least as conservative as more conservative than many of the Northern District of California.

My first problem is the file folder was lame. Like the supposed attacks on like that was a list of like terrible and temperate attacks he'd made on judges were like him just saying things like this case was filed in front of this judge or Judge Kuzmarek is at least as conservative as more conservative than many of the Northern District of California.

Yeah, this is a huge... I mean, again, yeah. So he submitted an article to a secondary journal at the University of Texas. And then once he was nominated, he pulled his name off the article and substituted the names of two of his colleagues at the organization where he worked, who had supposedly been the real authors of the article anyway.

Yeah, this is a huge... I mean, again, yeah. So he submitted an article to a secondary journal at the University of Texas. And then once he was nominated, he pulled his name off the article and substituted the names of two of his colleagues at the organization where he worked, who had supposedly been the real authors of the article anyway.

And this then meant the article didn't have to go in his confirmation file. Yeah. And the defense of this was not lying to the Senate, is that it was actually academic misconduct rather than judicial misconduct, because he had never been the author of the article in the first place.

And this then meant the article didn't have to go in his confirmation file. Yeah. And the defense of this was not lying to the Senate, is that it was actually academic misconduct rather than judicial misconduct, because he had never been the author of the article in the first place.

It had always been false to list him as the author, and he was just correcting the record by putting the real authors on the article. Which I find totally plausible, to be clear.

It had always been false to list him as the author, and he was just correcting the record by putting the real authors on the article. Which I find totally plausible, to be clear.

I find the, it was really academic misconduct rather than dishonesty to the Senate Judiciary Committee equally plausible. I have no real prior either way, but it's not like a great story. Yeah.

I find the, it was really academic misconduct rather than dishonesty to the Senate Judiciary Committee equally plausible. I have no real prior either way, but it's not like a great story. Yeah.

Yeah. Anyway, so I was pretty underwhelmed. I would have a just different feeling of the whole thing if Judge Jones had had a bunch of really good arguments and made them in an intemperate way that was arguably inappropriate for a sitting judge to make. Then we could have an interesting conversation. And I've had many students clerk for Judge Jones, and I'm sure they did good work for her.

Yeah. Anyway, so I was pretty underwhelmed. I would have a just different feeling of the whole thing if Judge Jones had had a bunch of really good arguments and made them in an intemperate way that was arguably inappropriate for a sitting judge to make. Then we could have an interesting conversation. And I've had many students clerk for Judge Jones, and I'm sure they did good work for her.

And I really hope my students were not the ones who printed out those tweets and couldn't come up with something better. There's got to be something better you could have come up with. Yeah.

And I really hope my students were not the ones who printed out those tweets and couldn't come up with something better. There's got to be something better you could have come up with. Yeah.

So the one other thing, slightly more on the merits, the one interesting talking point that both she and Judge Ho raised, which makes me assume this is a thing that Fifth Circuit judges must say regularly, so it's at the forefront of their minds, was that what about William Wayne Justice, who was a liberal district judge in Texas in the 70s?

So the one other thing, slightly more on the merits, the one interesting talking point that both she and Judge Ho raised, which makes me assume this is a thing that Fifth Circuit judges must say regularly, so it's at the forefront of their minds, was that what about William Wayne Justice, who was a liberal district judge in Texas in the 70s?

uh and who from what i can tell i've been looking into this since the talk did seem to have a single judge division for a period of time in which a bunch of civil rights cases were filed in front of him and a bunch of sort of activist structural injunction stuff i did think it was interesting that that so far as i could hear steve never said oh yes that was bad and shouldn't have happened i mean he did say it's changing the subject and that there's plenty of criticism of that but i didn't hear him say that was equally bad so that was a little strange

uh and who from what i can tell i've been looking into this since the talk did seem to have a single judge division for a period of time in which a bunch of civil rights cases were filed in front of him and a bunch of sort of activist structural injunction stuff i did think it was interesting that that so far as i could hear steve never said oh yes that was bad and shouldn't have happened i mean he did say it's changing the subject and that there's plenty of criticism of that but i didn't hear him say that was equally bad so that was a little strange