So much of the coverage on Pauline Newman’s ordeal with her court focuses on distractions from the heart of the matter: her age, her constant efforts to simply do her job, what have you. We should really be focused on the folks who keep filibustering and not good enough-ing her attempts to do her job. ABA Journal has coverage:
Federal law does not permit a 97-year-old federal appeals judge to unseal documents about her suspension absent consent of the chief judge of her circuit, the U.S. Court of Appeals for the District of Columbia Circuit ruled Monday.
Who is the Chief judge of her circuit? Kimberly A. Moore of course — the very same person that started all of this! If only at some point very early on in this now year spanning debacle someone had the foresight to point out the very clear due process problems and absurdities that would arise from having Moore serve as judge, jury and executioner. Oh wait, everyone did! We did, David Lat did, the Federalist Society did, but you know the earliest predictor of all this? Franz Kafka of all people!
It is impossible to fully explain the the absurdities of the bureaucratic requirements and delay this award winning jurist that’s regularly cited by the Supreme Court has gone through and not feel the pull to describe the situation as Kafkaesque, but the term has become watered down over decades of misuse. I suggest a new term to bring back the full force of someone being subject to baseless formalities, bureaucracy and delay — pulling a Kimberly. As an example: I got accused of having a heart attack so I went to a doctor to prove that it never happened and that I was still physically fit, but then the court just ignored that and said I was mentally unfit. After I went to a world leading brain assessor or two and tests showed that my mind was actually in abnormally good shape, they still said that that wasn’t enough! Then, when I tried to get the files opened for an explanation on what they put me through, they said I had to get permission from the person that has been refusing me for years now. I keep on getting Kimberly’d and all people do is question my persistence!
For fear that I too will be accused of using Kafkaesque incorrectly, you can judge the parallels for yourself by reading Before The Law here. Don’t worry, it’s much shorter than The Metamorphosis. Swap out the unnamed man’s name for Pauline and you’ll be pretty caught up on what she’s been going through for the last two years.
Federal Appeals Judge, 97, Loses Bid To Unseal Documents About Her Suspension [ABA Journal]
Earlier: Judicial Conduct Committee Passes Ball On Glaring Due Process Issue In Newman Case
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
The post D.C. Appellate Court Chief Judge Kimberly A. Moore Keeps Up The Delay Gambit To Prevent Pauline Newman From Working appeared first on Above the Law.
So much of the coverage on Pauline Newman’s ordeal with her court focuses on distractions from the heart of the matter: her age, her constant efforts to simply do her job, what have you. We should really be focused on the folks who keep filibustering and not good enough-ing her attempts to do her job. ABA Journal has coverage:
Federal law does not permit a 97-year-old federal appeals judge to unseal documents about her suspension absent consent of the chief judge of her circuit, the U.S. Court of Appeals for the District of Columbia Circuit ruled Monday.
Who is the Chief judge of her circuit? Kimberly A. Moore of course — the very same person that started all of this! If only at some point very early on in this now year spanning debacle someone had the foresight to point out the very clear due process problems and absurdities that would arise from having Moore serve as judge, jury and executioner. Oh wait, everyone did! We did, David Lat did, the Federalist Society did, but you know the earliest predictor of all this? Franz Kafka of all people!
It is impossible to fully explain the the absurdities of the bureaucratic requirements and delay this award winning jurist that’s regularly cited by the Supreme Court has gone through and not feel the pull to describe the situation as Kafkaesque, but the term has become watered down over decades of misuse. I suggest a new term to bring back the full force of someone being subject to baseless formalities, bureaucracy and delay — pulling a Kimberly. As an example: I got accused of having a heart attack so I went to a doctor to prove that it never happened and that I was still physically fit, but then the court just ignored that and said I was mentally unfit. After I went to a world leading brain assessor or two and tests showed that my mind was actually in abnormally good shape, they still said that that wasn’t enough! Then, when I tried to get the files opened for an explanation on what they put me through, they said I had to get permission from the person that has been refusing me for years now. I keep on getting Kimberly’d and all people do is question my persistence!
For fear that I too will be accused of using Kafkaesque incorrectly, you can judge the parallels for yourself by reading Before The Law here. Don’t worry, it’s much shorter than The Metamorphosis. Swap out the unnamed man’s name for Pauline and you’ll be pretty caught up on what she’s been going through for the last two years.
Federal Appeals Judge, 97, Loses Bid To Unseal Documents About Her Suspension [ABA Journal]
Earlier: Judicial Conduct Committee Passes Ball On Glaring Due Process Issue In Newman Case
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.
