Judge Brett Kavanaugh

steak beef meat steakhouse

[R]eading the record with just a dash of common sense tells us that chefs who happen to be American citizens surely have the capacity to learn how to cook Brazilian steaks and perform the relevant related tasks. To maintain otherwise, as Fogo de Chao does, is to imply that Brazilian chefs are essentially born with (or somehow absorb during their formative years) a cooking skill that cannot be acquired through reasonable training, which seems an entirely untenable proposition.

– Judge Brett Kavanaugh (D.C. Cir.), dissenting in an interesting case regarding whether certain foreign chefs can qualify for the L-1B visa, granted to workers with “specialized knowledge.” Why does this feeder judge hate… food?

On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”

Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….

double red triangle arrows Continue reading “A Benchslap Postscript: Mo’ Words, Mo’ Problems”

The D.C. Circuit to counsel: readable briefs or GTFO. From an order filed today:

Who are the parties and their counsel? Additional information and the full order, after the jump.

(Also note the UPDATES — in defense of the lawyers, and floating a theory about the judge behind the benchslap — added to the end of this post.)

double red triangle arrows Continue reading “Benchslap Of The Day: LMAO At D.C. Cir.”


When it comes to the Law Clerk Hiring Plan, the voluntary set of guidelines to put federal law clerk hiring on a standard timetable, one might say, “The ship be sinking.”

Actually, scratch that. The ship be sunk, and barnacles are growing all over its hull.

We declared the Plan dead last June, when at least two top schools decided not to participate in it. But now the Plan is, well, dead and growing cold and decomposing.

Yesterday brought word that an über-prestigious court, one that gunners across the land would sacrifice body parts to clerk for (who needs a pinky finger anyway), is abandoning the Plan….

double red triangle arrows Continue reading “The Law Clerk Hiring Plan: Really, Really Dead Now”

[W]e note that the document appears to be in 12 point font, not 13 point font. I’m pretty sure this specific topic was a point of discussion among all counsel prior to filing our respective briefs, and each party appeared to recognize the continuing 13-point font requirement.

Thus, we were surprised to receive the State’s 12-point font brief. The apparent failure to comply with the Court’s order had the effect of substantially increasing the State’s page limitations and, under the circumstances, prejudices the United States.

Bradley Heard, a lawyer with the Department of Justice, in a weekend email sent to a group of attorneys from Bancroft. The firm represents South Carolina in an ongoing dispute with the DOJ over the state’s voter ID law.

(Was there a resolution in this case of prejudice by font?)

double red triangle arrows Continue reading “Quote of the Day: Size Matters”