Jaime Santos
@jaimesantos.bsky.social
2.7K followers 220 following 260 posts
Appellate nerd and gymnastics enthusiast
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jaimesantos.bsky.social
Principles of patent law?!?

Where is that free library because tbh I could use that one. Happy to leave Five Chiefs in its place?
jaimesantos.bsky.social
Ok fine but for 3L subjects, it’s gotta be: Fed Courts, Local Government Law, Class Actions
jaimesantos.bsky.social
In this political climate, though, where people are going after judges and putting their families in serious danger, I could understand recusal to avoid that terrifying scenario.
jaimesantos.bsky.social
Down escape or at DuPont Circle was out the other day. It was brutal. Pretty sure it was the National Guard’s fault somehow
jaimesantos.bsky.social
I’m not sure how these things are even inconsistent. Testimony that he never authorized someone within FBI to be an “anonymous source” is not inconsistent with testimony from McCabe that Comey authorized him to provide information to the press—at least not if McCabe wasn’t doing so anonymously.
jaimesantos.bsky.social
I would add Cate Stetson and Sarah Harrington, both of whom have different styles from the others on this list (and from each other!)
jaimesantos.bsky.social
Maybe not, though admittedly I don’t know a ton about the issue or how developed it is.
jaimesantos.bsky.social
It was rewritten by the Court but was included in some form in the application for a stay and cert before judgment.
jaimesantos.bsky.social
Judicial restraint could play a much stronger role in these practices, especially if the Court wants to rely on the notion that it's a passive body that doesn't seek out issues or cases. /end (really)
jaimesantos.bsky.social
Sua sponte rehearing a case and then crafting an entire new QP that wasn't actually presented by the petition sure doesn't look like a passive Court just taking issues as they come. Rewriting and changing QPs doesn't either. /17
jaimesantos.bsky.social
That's maybe right in theory, but the more that the Court completely changes the QP or rules on grounds that neither party has offered (as in Sineneng-Smith, which continues to be the decision that outrages me most), the less it seems right factually. /16
jaimesantos.bsky.social
Just kidding on /end. One more point: I have heard several of the Justices explain that the Court is unique among the branches in that it does not get to pick the cases and issues--the cases and issues come to the Court, which can either decide to hear them or not. /15
jaimesantos.bsky.social
Finally, the William & Mary students are so incredibly lucky to have Prof Alli Orr Larsen, who put together such a fantastic conference each year. I would have LOVED attending that kind of thing as a law student. Heck, I loved attending it as a practicing lawyer! /end
jaimesantos.bsky.social
To the contrary, I very much welcome the Justices sharing their views about the Court because otherwise, we are left to guess. And I hope they welcome public engagement with the views they express. Perhaps their minds can even be changed. /13
jaimesantos.bsky.social
I'm not here to criticize the Justices giving public remarks (though I think the book deal/tour criticisms have some merit--irrespective of who has the book deal at any given time). /13
jaimesantos.bsky.social
Respectfully, that's just not persuasive to me. The Court also has to grant or deny each petition for certiorari. And given the high bar that's supposed to exist for emergency stay relief, denying a stay should be seen as even LESS a decision on the merits than denial of a cert petition. /12
jaimesantos.bsky.social
Second, I've heard Justices Barrett and Kavanaugh say that there's a lot less discretion on the emergency docket than the certiorari docket, because the Court has to grant or deny an application for emergency relief. /11
jaimesantos.bsky.social
The lock-in effect to me just cannot justify failing to give reasoned decisions for staying lower court orders reached after extensive deliberation and lengthy opinions. /10
jaimesantos.bsky.social
(Perhaps less so when you're winning stays but then losing on the merits, like in the Alabama voting rights case from a few terms ago, where the interim order flipped some congressional seats. But I assume that can justifiably happen from time to time.) /9
jaimesantos.bsky.social
The lock-in effect is also avoidable by adhering to what is supposed to be a very high standard for obtaining stay relief--when obtaining an emergency stay is much, much harder than winning on the merits, then it's completely justifiable to have different results at the two stages. /8