Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LetMyPeopleVote

(172,946 posts)
35. There is a crazed dissent to this ruling that is really strange
Wed Nov 19, 2025, 04:14 PM
22 hrs ago

I have been volunteering on election law/voting rights matters since 2004 and Prof. Hasen is a great source of information in this area. This dissent is nuts

Judge Jerry Smith Issues His 104-Page Dissent to Yesterday’s 3-Judge District Court Holding that Texas’s Re-Redistricting is Likely an Unconstitutional Racial Gerrymander. Along the Way He Calls Out the “Pernicious” & “Outrageous” Behavior of Judge Brown in the Majority electionlawblog.org?p=153106

Rick Hasen (@rickhasen.bsky.social) 2025-11-19T20:44:24.987Z

https://electionlawblog.org/?p=153106

It begins with a remarkable attack on Judge Brown (a Trump appointee) explaining that Smith was not responsible for any delay in issuing the decision:

In my 37 years on the federal bench, this is the most outrageous conduct by a judge that I have ever encountered in a case in which I have been involved.
In summary, Judge Brown has issued a 160-page opinion without giving me any reasonable opportunity to respond. I will set forth the details. The readers can judge for themselves.


And then turning to the merits:
The main winners from Judge Brown’s opinion are George Soros andmGavin Newsom. The obvious losers are the People of Texas and the Rule of Law. I dissent.
In the interest of time, this dissent is, admittedly, disjointed. Usually, in dissenting from an opinion of this length, I would spend more days refining and reorganizing the dissent for purposes of impact and readability. But that approach is not reasonably possible here because these two judges have not allowed it.

The resulting dissent is far from a literary masterpiece. If, however, there were a Nobel Prize for Fiction, Judge Brown’s opinion would be a prime candidate.


[This post is in progress]


See also




I tried to read this dissent but is very disjointed and poorly written

Recommendations

0 members have recommended this reply (displayed in chronological order):

Let's hope so Jbraybarten Tuesday #1
Trump will raise hell with 'Pam' to find a way to overturn CA redistricting on same arguement Attilatheblond Tuesday #2
Oh, I'm sure SCOTUS will find a way to overturn this decision... regnaD kciN Tuesday #4
Sadly, I fear that entirely possible Attilatheblond Tuesday #5
Hellooooooo Shadow Docket n/t BaronChocula Tuesday #22
By my thinking, they don't need to find a way. bluestarone Tuesday #13
100 percent. There's literally no such thing as settled law in our legal system. BannonsLiver Tuesday #24
It's my understanding that the CA redistricting is strictly conditioned on that of TX. John Farmer Tuesday #8
Nah, not now that the people of CA have spoken. They're going through with this. Thanks, Texas. ancianita Tuesday #11
That's not what I'm reading. stopdiggin Tuesday #14
The Texas ruling does not affect California Prop. 50 LetMyPeopleVote Tuesday #19
What happens to California's Prop 50 maps if Texas redistricting efforts are blocked? LetMyPeopleVote Tuesday #17
I guess Texas forgot... COL Mustard Tuesday #28
We live on hope. efhmc Yesterday #34
Good malaise Tuesday #3
Marc Elias coming up after commercials on Nicole malaise Tuesday #6
Bless the Mark Elias Group! ancianita Tuesday #12
This ruling is going to affect a number of Texas races LetMyPeopleVote Tuesday #7
This means Jasmine Crockett can keep her district. ananda Tuesday #9
Yep malaise Tuesday #10
Well, no one ever said Donnie's DoJ was terribly bright. paleotn Tuesday #15
It's really scary how many total dimwits can get law degrees. (or MBAs,, etc.) erronis Tuesday #18
Just remember.... COL Mustard Tuesday #31
But how many politicians graduate below the 50% line in any field. Then went into politics. erronis Tuesday #32
As the old saying goes.... COL Mustard Tuesday #33
The school kids must have called him "Brissy" when he was growing up. nt Exp Tuesday #16
I hope California doesn't back down and they go forward with what they're gonna do until after the midterms oldmanlynn Tuesday #20
That is what I was going to ask, will this mean California may back off? I think they should stay Bev54 Tuesday #27
Good, they got what they deserve for trying to rig things. ChicagoTeamster Tuesday #21
The repukes think they are all so clever Javaman Tuesday #23
The meritocracy of super geniuses has a truly spectacular track record IronLionZion Tuesday #25
SCOTUS to the rescue. RandySF Tuesday #26
Yeah, if there's one thing the SC 6 can be relied on for, it's bending rules for Trump muriel_volestrangler Tuesday #30
Oopsie. TomSlick Tuesday #29
There is a crazed dissent to this ruling that is really strange LetMyPeopleVote 22 hrs ago #35
Latest Discussions»General Discussion»Trump's Justice Departmen...»Reply #35