![]() They would get in the way of a good story. Notice how few of these facts appear in the majority opinion. He seems to be sending a much broader signal that something is amiss with his colleagues, and on the Fifth Circuit.įirst, Smith suggests in several places that Elrod and Oldham distorted the law to reach their preferred result. But Judge Smith's dissent went far, far beyond disagreeing about the legal principles. Judge Smith wrote a dissenting, finding that a preliminary injunction was not permissible. Judges Elrod and Oldham wrote a per curiam opinion, finding that a preliminary injunction was permissible. The legal issue was somewhat mundane: could a federal court issue a preliminary injunction in a Title VII case? (I wrote about that question here). The case involved a hot-button issue: could a private employer require employees to be vaccinated. Bush and Judge Andy Oldham appointed by President Trump. The all-Texas panel includes three prominent conservative judges appointed by three presidents over the course of three decades: Judge Jerry Smith, appointed by President Reagan Judge Jennifer Walker Elrod, appointed by President W. These principles came to mind when I read a recent Fifth Circuit decision, Sambrano v. These unique dynamics of the federal courts of appeals make interpersonal relationships very different than in traditional workplaces. Finally, federal courts cannot be abolished–well, they probably can't be abolished. And, with rare exception, judges who are unhappy remain ensconced in their life-tenured sinecures. Every member of the court has an equal vote. New judges are added on an infrequent basis, while senior judges tend to stick around. These rules do not apply to the federal courts of appeals. And, if the workplace is failing, eventually, the organization itself may become defunct. New blood is brought in to reinvigorate the organization. Workers who do not work out will leave, or are asked to leave. ![]() ![]() Over time, leaders with different styles come and go.
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