Will Bode

Maybe he doesn't think it was equally bad, but still.

Maybe he doesn't think it was equally bad, but still.

I mean, that's why I think –

I mean, that's why I think –

you know the court of chancery you know right like yes that's why i don't understand the argument it just would have been i was just surprised i i would expect people who are against judge shopping now to at a minimum score the easy points of saying yes i am also against the irrelevant judge shopping that happened in the past rather than try to defend it now maybe people do say that i don't know

you know the court of chancery you know right like yes that's why i don't understand the argument it just would have been i was just surprised i i would expect people who are against judge shopping now to at a minimum score the easy points of saying yes i am also against the irrelevant judge shopping that happened in the past rather than try to defend it now maybe people do say that i don't know

I also had this reaction that the fervency with which the judges in the Fifth Circuit defend their current operating procedures makes me more suspicious of them rather than less. So my view is some of these criticisms are probably correct. Some of these criticisms might be overblown.

I also had this reaction that the fervency with which the judges in the Fifth Circuit defend their current operating procedures makes me more suspicious of them rather than less. So my view is some of these criticisms are probably correct. Some of these criticisms might be overblown.

Judge shopping happens all the time, but when it happens on a scale where it's sufficiently bad, then we do something about it. Like with the patent stuff, where the district has reformed its rules to make it harder for one judge to have all the patent cases. And I don't think he should be sanctioned for what he did up till now, but also it's good that now you can't do that as much.

Judge shopping happens all the time, but when it happens on a scale where it's sufficiently bad, then we do something about it. Like with the patent stuff, where the district has reformed its rules to make it harder for one judge to have all the patent cases. And I don't think he should be sanctioned for what he did up till now, but also it's good that now you can't do that as much.

Yeah. I'm totally going to get in trouble for saying this, but I believe that the judges in the Northern District of Texas, like Judge Hendricks and Judge Kaczmarek, are proceeding in totally good faith and are just doing what they honestly think the law requires.

Yeah. I'm totally going to get in trouble for saying this, but I believe that the judges in the Northern District of Texas, like Judge Hendricks and Judge Kaczmarek, are proceeding in totally good faith and are just doing what they honestly think the law requires.

And then it is a coincidence that their views of the law requires are sometimes quite outside what many other judges would think the law requires and not necessarily a bad thing. But it's a bad thing if the system is set up.

And then it is a coincidence that their views of the law requires are sometimes quite outside what many other judges would think the law requires and not necessarily a bad thing. But it's a bad thing if the system is set up.

It's not a coincidence. What I mean is it's not like they are picking those results in order to make conservative things happen or something like that. Like they have views of the law requires and they're following them. Yeah, I mean, maybe, maybe not. I don't think it really matters because- Where do the initial philosophies come from is a deep question.

It's not a coincidence. What I mean is it's not like they are picking those results in order to make conservative things happen or something like that. Like they have views of the law requires and they're following them. Yeah, I mean, maybe, maybe not. I don't think it really matters because- Where do the initial philosophies come from is a deep question.

Exactly. It's bad. And then we ought to try to fix it. But then when things like the, you know, when the rules committee came out with these like case management practices to try to recommend the districts switch, you know, make it harder for that to happen.

Exactly. It's bad. And then we ought to try to fix it. But then when things like the, you know, when the rules committee came out with these like case management practices to try to recommend the districts switch, you know, make it harder for that to happen.

And then there was this whole kerfuffle because maybe that's outside the jurisdiction of the rules committee, depending on how you read the statute and depending on what the rules committee did. And like the harder sort of- The Fifth Circuit is refusing to comply with that, right? Yeah, exactly.

And then there was this whole kerfuffle because maybe that's outside the jurisdiction of the rules committee, depending on how you read the statute and depending on what the rules committee did. And like the harder sort of- The Fifth Circuit is refusing to comply with that, right? Yeah, exactly.