Fifth Circuit

The Fifth Circuit Says The Biden Administration Abused Its Power And The Constitution. Better Impeach Him, Then!

/ Jack Marshall / 35 Comments

Vaccine mandate

Just kidding! Presidents often try to stretch the already rubber boundaries of what the Constitution and even the law requires, only to get slapped down by the courts. This kind of thing was only grounds for impeachment (according to the Trump Deranged, the mainstream media pundits and Democrats) when Donald Trump did it.

But President Trump never tried anything as egregiously dictatorial as the vaccine mandate.

Tell us again who is “a threat to democracy.”

A three-judge panel of the U.S. Court of Appeals for the 5th Circuit, issued a ruling at the end of this week upholding a stay of the mandate after temporarily halting the mandate last weekend in response to lawsuits filed by and legal groups. The Washington Post, telegraphing its bias as usual, calls them “Republican-aligned businesses and legal groups.” Since the mandate was wildly excessive and pretty clearly illegal, the question is why “Democratic–aligned” organizations don’t also oppose it. I guess that’s nor really much of a question.

The Post also emphasizes that the panel consisted of judges appointed by Reagan or Trump, because in Progressivese, that means the ruling is partisan. No, it really isn’t. It’s just right, as any fair reading of the opinion by Judge Kurt D. Engelhardt and joined by Judges Edith H. Jones and Stuart Kyle Duncan will reveal. Of course, none of your metaphorically screaming Facebook friends will read it.

You will, though, right? It’s pretty thorough and damning, as well as bit nasty, which any administration trying something like this deserves. (It’s better than an impeachment!)

Highlights:

Continue reading →

The Paid Expert Witness Problem [UPDATED And CORRECTED]

/ Jack Marshall / 22 Comments

“Check enclosed…”

When a lawyer’s expert witness testifies in a trial, the opposing counsel will always ask, “You’re being paid for your appearance today, isn’t the true?” The one time I was asked that question, I answered, “I’m being paid for my time, not my opinion.” Of course, many experts—yes, even ethics experts—are accepting payment for their opinion. The case of a Houston lawyer’s recent conduct, however, is the worst example of this reality crossing the ethics lines, hard.

Lawyer Mark Lanier had presented father-and-son orthopedic surgeons to the court and the jury as unpaid experts, emphasizing that they were testifying pro bono while the defendants’ experts had been bought. Naturally, this made them seem more credible to the jury. After the trial, however, and after the jury had awarded Lanier’s client  a handsome verdict and damages of $151 million, it was discovered that Lanier made a $10,000 charitable donation to the father’s favorite charity before trial, and sent “thank-you” checks totaling $65,000 to the surgeons after the trial, accompanied by notes of gratitude.

But they weren’t being paid for their testimony—at least, not when they were asked about it. Continue reading →

Unethical Quote Of The Month: The White House, a.k.a. President Obama

/ Jack Marshall / 31 Comments

“Today, two judges of the Fifth Circuit chose to misrepresent the facts and the law. The president’s actions were designed to bring greater accountability to our broken immigration system, grow the economy and keep our communities safe. They are squarely within the bounds of his authority, and they are the right thing to do for the country.”

—-White House spokeswoman, Brandi Hoffine, relaying the White House’s response to the Fifth Circuit’s refusal to lift the injunction blocking President Obama’s dubious plan to defer deportations for millions of undocumented immigrants, using executive order rather than legislation.

The bottomless pit of miserable White House tactics...

The bottomless pit of miserable White House tactics…

There appear to be no depths of unethical rhetoric to which the Obama White House is not willing to stoop for political gain.

The wording of the White House statement is unethical: despicable, irresponsible, and offensive to the judicial system, as well as beneath the dignity of the Presidency.

Well, of most Presidencies, anyway.

The President is free, of course, to disagree with a court decision, and may say so. To imply, however, that the two judges who formed the majority in this ruling did not make their decision fairly and legitimately, but rather “chose” to misrepresent facts and law—essentially accusing them of dishonesty, is unethical to the bone. There is even an ABA Rule of Professional Conduct prohibiting such a comment as undermining “public confidence in the administration of justice.” The President is not only a lawyer, but a former law professor. He should be ashamed of himself, and we should be ashamed of him. Lawyers have been suspended for making similar statements, and he is President of the United States, whose statements are infinitely more harmful. Continue reading →