Chris Geidner
NEWS: In a 2-1 decision, the Fifth Circuit orders Llano County to put back several books on their library's shelves that they had removed based on content and viewpoint.
The panel modifies but affirms the district court's injunction against the county. https://storage.courtlistener.com/recap/gov.uscourts.ca5.213042/gov.uscourts.ca5.213042.164.1.pdf
Chris Geidner
Finally, Duncan quoted Stephen King to close his dissent, and Wiener was *pissed* on King's behalf. First image is from Duncan and second is Wiener:
Chris Geidner
Last thing here: Subscribe to Law Dork. Tell your friends. Seriously. This shit is too serious, and there's a free option, so, please, if you're not already there, get on it. https://www.lawdork.com/
Chris Geidner
For *some* background, I wrote about this case at Law Dork previously in the context of Mitchell's involvement: https://www.lawdork.com/p/jonathan-mitchell-is-too-busy
Chris Geidner
Two more things, both about Duncan.
One: Stop this shit. Write a dissent like a human who lost a panel vote.
Chris Geidner
Judge Leslie Southwick, a GWB appointee, joins Wiener on the law — affirming that aspect of the injunction — and many of the books, but Southwick did part with Wiener as to the application of the law to some of the books. So, a few are not going back now. Footnote from Wiener:
Chris Geidner
"Stuart Kyle Duncan, Circuit Judge, dissenting."
You truly do love to see it.
Chris Geidner
This was a three-judge panel of all Republican appointees. The decision smacking down Llano County, Jonathan Mitchell (defending Llano, of course), and Duncan comes from Judge Jacques Wiener, a GHWB appointee born during the Great Depression who opens by quoting Walt Whitman.
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