For those interested, the link is to my annotated copy of today’s opinion from the 11th Circuit, dismissing the special master appointed by Aileen Cannon on ground that she wholly wrongly took jurisdiction over the case in the first place. I’ve annotated with the aim of making the opinion, which is clearly written anyway, even more accessible to non-lawyers. #lawFedi #ruleOfLaw #11thCircuit #appellateLaw https://drive.google.com/file/d/1B7kUUWiE2RdL2opmEl_qW9zy65-PHAN-/view?usp=drivesdk
@heidilifeldman thanks for taking the time to do this!
Just to confirm (it's been a long time since my undergrad torts class) but the 11th Circuit didn't actually *need* to list every reason why the Richey test failed correct? Failing any single part of the test is enough to vacate the decision.
@heidilifeldman I could have worded the question better. The first step, callous disregard, is the necessary part. If you don't have that then you haven't proven the need for "extraordinary equitable jurisdiction". The court *could* have stopped there but decided they really wanted to hammer home the point that this entire stay was wrong.
@heidilifeldman thanks again for taking the time to annotate this ruling. I think it's great when lawyers do this to broaden access to the law and decisions for lay folks!
@mcneely The first Richey factor, that there have been “callous disregard” for the party’s constitutional rights, is a necessary condition. It is not usually sufficient because the Richey test is to see whether extraordinary equitable jurisdiction is warranted, hence almost always at least one of the other factors must be shown.