My pet court case continues after Texas skullduggery in the dead of night.
Texas filed a motion for leave to file a ‘surreply’ in response to the US reply. Normally after motion, response, reply, the case is briefed and ready for the judge. But Texas has to get in one more shot, and it’s a crapsh0ot at that.
What caught my interest in this junk filing is a reference to Sacketts vs EPA. In the context of this case, it doesn’t fit…other than Thomas opening up the door for questioning ‘navigability’ and US control over navigable interstate waters.
Still concerns me.
But what becomes more interesting is the judge in this case, and his record with the Fifth circuit court of appeals.
David Ezra is a judge who took senior status and who Roberts brought over from Hawaii to help with the overburdened Texas court. Judge Ezra may have originally been appointed by Reagan, but he’s a solid judge. If you’re wondering what happened to the Texas absurd ‘fetal burial’ law, Judge Ezra is what happened.
And for his effort, he was actually personally attacked by members of the Fifth circuit court; specifically Edith Jones and Jim Ho.
Edith Jones, who said in 2013 that ‘racial groups like African-Americans and Hispanics are predisposed to crime.’ Jim Ho, appointed by Trump and arguably considered the worst judge in the entire federal system. He doesn’t write legal opinions, he writes political commentary.
This should be a slam dunk case. But the very nature of how profoundly broken our court system is—demonstrated by this previous attack on Judge Ezra, and also demonstrated by how degraded the Fifth Circuit is—leaves me concerned about the case.
I do know that Judge Ezra is going to be extremely meticulous in his handling of this case. He has a very hostile circuit court ready to toss aside the law and do whatever Abbott wants.
US Judge defends actions as trial on Texas’ fetal burial law begins.