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pdgpa

@pdgpa.bsky.social
281 followers 57 following 1.1K posts

Retired federal appeals lawyer. ACLU activist. Former law professor. Proud husband, father of daughters, and grandpa.

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pdgpa @pdgpa.bsky.social · 11h
Brilliant strategy!
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pdgpa @pdgpa.bsky.social · 12h
The “for a long time” is the tell. And why “many people”? Did it take a while to get someone to give the answer she wanted? But if she did solicit advice on this from a qualified professional, I’d be interested in seeing that person (I’d settle for just one, frankly) step up & corroborate her story.
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pdgpa @pdgpa.bsky.social · 13h
I have a B.A. in philosophy. But I know I am not a bachelor, an artist, or a philosopher.
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pdgpa @pdgpa.bsky.social · 13h
Today’s news (WSJ etc.) confirms my earlier guess: she left for the job in China after failing the California bar exam.
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pdgpa @pdgpa.bsky.social · 14h
And what’s with the request for attorneys’ fees? The federal government attorneys are salaried, not submitting a bill. I don’t think I’ve ever seen atty fees paid by a losing civil defendant to a prevailing federal agency. Is there any legal basis for that? Not that the feds will prevail anyway.
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pdgpa @pdgpa.bsky.social · 15h
What this typically means is that one or more panel members thinks that the rehearing petition has identified a probable substantive mistake in the opinion, and they are considering issuing an amended version. If so, the time to petition for rehearing en banc would start over.
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pdgpa @pdgpa.bsky.social · 15h
As the rant actually says.
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pdgpa @pdgpa.bsky.social · 15h
Interestingly, as I read it, the order specifically says they’re considering rehearing by the original three-judge panel, and *not* en banc.
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pdgpa @pdgpa.bsky.social · 16h
“Personally”? Almost certainly not. He never spends his own money. Political committee funds that he controls, is much more likely.
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pdgpa @pdgpa.bsky.social · 15/10/2026
Please, please, can it be bye-bye to Scott Perry?
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pdgpa @pdgpa.bsky.social · 15/10/2026
Question for the next press conference: how many doctors travel with the President, and what are their specialties?
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pdgpa @pdgpa.bsky.social · 14/10/2026
I’m only at 17, because I never used a Walkman.
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pdgpa @pdgpa.bsky.social · 14/10/2026
1) allowing the size of the House of Representatives to grow as the US population grew. 2) prohibiting Congress from raising its own pay unless effective date was after the next election. #2 actually became the 27th Amendment about 200 years later.
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pdgpa @pdgpa.bsky.social · 14/10/2026
constitution.congress.gov/browse/essay...
constitution.congress.gov
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pdgpa @pdgpa.bsky.social · 14/10/2026
Not lying. Just ignorant, stupid and abusive.
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pdgpa @pdgpa.bsky.social · 14/10/2026
As my brother-in-law, an MD-PhD anesthesiologist, has been heard to say, “Any idiot can put a sick person to sleep. But it takes special training and skill to keep them alive during the procedure and then wake them up.“
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pdgpa @pdgpa.bsky.social · 14/10/2026
The surgeons ought to know…
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pdgpa @pdgpa.bsky.social · 14/10/2026
I wish your point were correct, but the real reason it’s the first amendment - contrary to popular belief - is that of the original 12 amendments proposed by Congress, the first two failed to win ratification. So the one that was originally designed as “third” by happy accident became the First!
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pdgpa @pdgpa.bsky.social · 14/10/2026
Don’t care for Katyal that much. Would add David Frederick to the short list. And for criminal law, Michael Dreeben.
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pdgpa @pdgpa.bsky.social · 14/10/2026
I’ve heard hundreds of appellate advocates over the years. Politics aside, Clement is the best of them.
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pdgpa @pdgpa.bsky.social · 14/10/2026
No, not what the Legislature “chose”; at least, I doubt that. Just a tragic and unjust outcome they failed to anticipate when they enacted the statutory language.
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pdgpa @pdgpa.bsky.social · 14/10/2026
/2 I was part of a team that fought this issue successfully on appeal in federal court in Philadelphia. Our client’s 21 year sentence was cut on a plea deal on remand to nine years. She’s straight and sober now snd working as an EMT. And the feds stopped prosecuting these sad cases. /end
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pdgpa @pdgpa.bsky.social · 14/10/2026
This is so wrong, perhaps legally (I’m not an expert on state law), but certainly as a matter of social policy, to treat the addict who happens to survive as a murderer of their friend and co-user who happened to be the one who overdosed and died. In these cases, it could be either of them. /1
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pdgpa @pdgpa.bsky.social · 13/10/2026
Not my experience, in 50+ yrs since graduating law school, passing 2 bar exams, and teaching at 2 accredited law schools. Law grads are cautioned not to use anything but “a law school graduate” - not “lawyer” or “attorney” - until and unless licensed, so as not to confuse or mislead laypersons.
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pdgpa @pdgpa.bsky.social · 13/10/2026
And Lindsey Graham, and Scott Bessent, and any number of others
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pdgpa @pdgpa.bsky.social · 13/10/2026
Actually, Stonewall was more than 55 years ago.
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pdgpa @pdgpa.bsky.social · 13/10/2026
A Pepperdine Law School grad. A not-so-wild guess: she may have taken the bar exam in California but not passed. (Cali has one of the lower pass rates.) Rather than study more and try again, as many do, she may have decided to forge ahead with a job that did not require her to be a licensed atty.
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pdgpa @pdgpa.bsky.social · 13/10/2026
Could you access the QP in the Berry case?
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pdgpa @pdgpa.bsky.social · 13/10/2026
Probably February or perhaps late January, would be my guess
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pdgpa @pdgpa.bsky.social · 12/10/2026
No rehab center, nor any rehab center employee, would reveal such information in response to an outsider’s inquiry.
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pdgpa @pdgpa.bsky.social · 11/10/2026
Um, isn’t it a “pool”? How can acting collectively in an official “pool” be prohibited?
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pdgpa @pdgpa.bsky.social · 10/10/2026
Why would he not feel the same about Paxton?
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pdgpa @pdgpa.bsky.social · 09/10/2026
Fail. That’s three, not two.
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pdgpa @pdgpa.bsky.social · 09/10/2026
/2 Only the educational system, reinforced by popular media and/or cultural/political movements (e.g., the civil rights movement, the women’s movement), can systematically change social norms.
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pdgpa @pdgpa.bsky.social · 09/10/2026
Many decades of criminology has consistently and conclusively established that “brutal punishment” does not change behavior. (I’m sure you didn’t actually mean what you wrote, that punishment should be meted out to people based on what they “try to defend,” i.e., what they believe or advocate.) /1
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pdgpa @pdgpa.bsky.social · 08/10/2026
The history of the death penalty for rape is all about anti-Black racism. Justice Thurgood Marshall led the campaign to abolish it, which prevailed (as to adult victims) in 1977 and (as to child vics) in 2008. Only systematic change in the education of boys and social norms can change rape culture.
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pdgpa @pdgpa.bsky.social · 08/10/2026
The CFR only governs federal procedures, while most civilian death penalty provisions in the US are state-level. But public executions are certainly obsolete. No state has held one since 1936 (KY). As for the Army Regulation, wouldn’t a case-specific order from the President or SecDef override that?
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pdgpa @pdgpa.bsky.social · 08/10/2026
No. Abolish the death penalty. No exceptions.
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pdgpa @pdgpa.bsky.social · 08/10/2026
Life imprisonment will do fine, thanks. Abolish capital punishment in all cases.
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pdgpa @pdgpa.bsky.social · 08/10/2026
The last public execution in the United States was in 1936 (in Kentucky). Even for those who accept capital punishment, which I do not, it’s a feature that our civilization has rejected.
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pdgpa @pdgpa.bsky.social · 08/10/2026
Google AI tells me the last public execution in the US was in 1936, in Kentucky.
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pdgpa @pdgpa.bsky.social · 08/10/2026
A *public* execution?! I thought our civilization had moved beyond that (a small step, I realize) a century ago, at least.
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pdgpa @pdgpa.bsky.social · 08/10/2026
If you mean where he went for college, where he might theoretically have studied some basic political science and economics, it was Ohio State, not Harvard.
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pdgpa @pdgpa.bsky.social · 07/10/2026
Is that where the Midwest Smaller Naval Academy is located?
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pdgpa @pdgpa.bsky.social · 07/10/2026
Once (abt 40 yrs ago) when I was before the 3d cir a co-appellant’s attorney (a well-known Mafia hanger-on, later himself indicted), failed to show. I asked the court for leave to argue her appeal (my client’s girlfriend and co-defendant) as well as my own. Granted. I won reversal of both.
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pdgpa @pdgpa.bsky.social · 06/10/2026
My mentor, the late Edward M Becker, put an end to one-word affirmances when he was chief judge of the Third Circuit (1998-2003). Now they issue at least a 3-page mem op (based no doubt on a law clerk’s memorandum). While those can be frustrating, honestly it’s a major improvement over the old days.
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pdgpa @pdgpa.bsky.social · 06/10/2026
Well, I guess the team consists of a bunch of doctors about as much as that country is actually a “democratic republic.”
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pdgpa @pdgpa.bsky.social · 06/10/2026
Hahaha. Superhero “Dr. Congo,” not the nation DR Congo?
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pdgpa @pdgpa.bsky.social · 06/10/2026
Undoubtedly a matter of minutes, on some stay-of-execution request in a death penalty case.
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pdgpa @pdgpa.bsky.social · 06/10/2026
Kagan is not a “Democrat.” She was appointed (many years ago) by a Democratic president, but I would be very surprised to learn she is registered to vote as anything but an independent. She is a former Harvard law professor and dean. And now a brilliant and totally fair-minded judge.
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