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Raffi Melkonian

@rmfifthcircuit.bsky.social
36K followers 649 following 9.9K posts

Appellate lawyer at Wright, Close & Barger in Houston, with a Fifth Circuit and TX appellate practice. So-called Dean, #appellatetwitter. Host of The Appellate Wanderer podcast

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Raffi Melkonian @rmfifthcircuit.bsky.social · 7h
Oh ffs
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Raffi Melkonian @rmfifthcircuit.bsky.social · 10h
Yeah, I didn’t know this one was brewing.
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Jonathan H. Adler @jadler1969.bsky.social · 17h
Oof
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Raffi Melkonian @rmfifthcircuit.bsky.social · 29/09/2026
I just finished rereading it (I read it once a year or so) and among the many many ways it is good, it is such an astonishing work of imagination. I get that it's based on stories Tolkien lived and breathed, but his creation on top of those is almost unbelievable.
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Jacob Gifford Head @giffordhead.co.uk · 28/09/2026
Someone I know is alleged to have told the Court of Appeal that he'd been thinking about the case the night before the hearing and decided that what was in the skeleton argument was wrong but there was a new and better point. I think we should be more embracing of this sort of thing!
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Gabriel Malor @gabrielmalor.bsky.social · 28/09/2026
7th Cir., 2-1, assumes w/o deciding that hospital employee made a valid religious claim for an accommodation to not get the COVID vaccine, but holds the requested accommo (masking and social distancing) would pose an undue hardship to hospital. media.ca7.uscourts.gov/cgi-bin/Opin...
contracting and transmitting COVID-19 compared to the general population. According to these individuals, outbreaks among staff strained the County’s ability to provide necessary services, and vaccination afforded additional protection against the increased risk of staff contracting COVID-19 and infecting medically vulnerable patients. Thus, once the vaccine was available, the County determined, based on scientific research and CDC guidance, that masking and social distancing alone did not adequately reduce risks to patient and employee safety nor the operational costs of likely staff shortages. See Peterson, 150 F.4th at 1218–20.Here, Mason worked as a pharmacist in a hospital setting. She not only worked in the same room with numerous other pharmacists and technicians, but, as a pharmacist, she regularly interacted with patients and visited patient floors, where the risks and consequences of spreading the COVID-19 virus were high. This context is markedly different from Groff,
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Raffi Melkonian @rmfifthcircuit.bsky.social · 28/09/2026
I will leave the political consequences of Judge Southwick's semi-retirement to other posters. I am aware what they are. As a practitioner, I will say that he was a hard-working and honorable judge that I always enjoyed appearing in front of.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 28/09/2026
Not stated: the resistance is caused by the fact that the ideas are gibberish
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Sean Marotta @smmarotta.bsky.social · 28/09/2026
A big get for Jenner as former New Jersey Solicitor General Jeremy Feigenbaum makes the jump there post-government service. @lindsayharrison.bsky.social has got to leave some talent for the rest of us. www.bloomberglaw.com/product/blaw...
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Raffi Melkonian @rmfifthcircuit.bsky.social · 27/09/2026
To celebrate GBBO coming back, we made @nigella.bsky.social’s stout cake. It’s very very good.
Chocolate Guinness cake
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Raffi Melkonian @rmfifthcircuit.bsky.social · 27/09/2026
Chili heads, what’s up with these?
Very small round chilis with a green stem
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sumosoul.bsky.social @sumosoul.bsky.social · 27/09/2026
Day15 SPOILER I admit it, I was rooting for Ao, but then I saw Ōnosato overcome with emotion during Kimi Ga Yo, Japan's national anthem, and I realized what a relief it is for him and for sumo to have a yokozuna who can deliver. Does sumo deliver?! Everbody say "hai!" 🤗
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sumosoul.bsky.social @sumosoul.bsky.social · 27/09/2026
Day15 Yūshō bout! Yz Ōnosato 11-3 (L) Oz Aonishiki 11-3 (R) This is it! Can Ao take two yūshō in a row? May depend on which Ōnosato shows up today, can he bounce back from his loss yesterday and take his first yūshō in a year? #akibasho202
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Rachel H. Stinson @plainerror.bsky.social · 26/09/2026
A young associate recently asked if I was aware of my unusual number of specific sensory opinions about our workplace. Sir, I survived 18 years of terrible big-firm lighting, contaminated government office tap water, and 1950s-era ergonomics. I’m here to be the change I want to see in the world.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
Well, it's a least a little comforting that the Eighth Circuit's "one weird trick" approach to injunctions didn't work.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
It’s not hiring, but I know of courts that (informally?) required a white shirt for men
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Bob Loeb @bobloeb.bsky.social · 25/09/2026
This was not a good panel for Anthropic, but they did get a strong dissent from Judge Henderson, which should help when seeking en banc review. media.cadc.uscourts.gov/opinions/doc...
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
Obviously we'll never get it, but I would love to hear the chinese government's internal evaluation of Trump.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
I would not have guessed this!
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
This is consistent with my own experiments on non-important writing. "Not as good as Will Baude" is still very good, and a person committed to spending a week souping this up could, I bet, get this taken by a journal. We live in weird and difficult times.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
Onosato just dominating
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
I once did some poll watching in Maine, and I met some people whose single issue was bringing back shoe sole production to the US.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 25/09/2026
There’s one of these legal magazine awards for “most feared” law firm and although the winners are excellent firms, I always wonder if they mean “by the people receiving the bill.”
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Michael Adams-Hurta @adams-hurta.bsky.social · 24/09/2026
!!! A 5-4 vote from the Texas Court of Criminal Appeals (supreme court for crimes) that the petition appealing the reversal of her conviction was improvidently granted. Big deal, and I'm so happy for Crystal Mason and voting rights generally.
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Judge Stephen Dillard @judgedillard.bsky.social · 24/09/2026
This afternoon, I had the distinct honor of speaking at the portrait ceremony of my dear friend and former colleague, Judge M. Yvette Miller. We are a better Court and state because of Judge Miller’s dedicated service to the people of Georgia.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 24/09/2026
HA!
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Raffi Melkonian @rmfifthcircuit.bsky.social · 24/09/2026
Again, this is what Tucker says to normal audiences. To his own audience, literally today, he went on a deranged rant about, among other things, how Oswald Mosley wasn’t a Nazi.
I know, buddy, you did that during World War II. When the very first thing the British government did was imprison the opposition party, called them Nazis, which they weren't, run by one of the great war heroes of the First World War, Oswald Mosley. Oh, he was a Nazi.
No, he wasn't. If he was a Nazi, he'd be living in Britain, in Germany. He didn't want the war.
And he has been slandered ever since. It's like scary even to defend him. I'm not even defending the guy.
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Steve Vladeck @stevevladeck.bsky.social · 24/09/2026
Judge Kelly's TRO will be a fascinating test for how much sway Solicitor General Sauer has with the White House. Trump is going to want to seek immediate, emergency relief from the D.C. Circuit + #SCOTUS, but Sauer has been savvy about doing that only in cases he might win. This isn't one of them.
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Brianne Gorod @briannegorod.bsky.social · 24/09/2026
If you're a law student who wants to spend your summer working in the public interest & is interested in appellate advocacy, apply to join the @myconstitution.bsky.social team this summer! www.theusconstitution.org/legal-intern... 1/2
theusconstitution.org
Legal Internship Summer 2027 | Constitutional Accountability Center
About CAC Constitutional Accountability Center (CAC) is a nonprofit law firm and think tank dedicated to fulfilling the inherently progressive promise of the Constitution’s text, history, and values. ...
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Raffi Melkonian @rmfifthcircuit.bsky.social · 23/09/2026
Enho regretting his choices
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Raffi Melkonian @rmfifthcircuit.bsky.social · 23/09/2026
Among the many fascinating questions in this emergency application to J. Sotomayor, does a civil court really even have jurisdiction to order a litigant to undo a purely *religious* judgment? A seruv is apparently a finding of religious recalcitrance. www.supremecourt.gov/DocketPDF/26...
Following the seruv, Bain also sought sanctions against Strulovitch for 
allegedly violating the TRO. App. 008. The trial court, in an April 24, 2026, Order 
(the “Order”), expressly found that there was no evidence Strulovitch or any of his 
representatives, secular or religious, had violated the original preliminary injunction 
or the TRO and it denied Bain’s motion for sanctions on that basis. App. 008–09. 
Nevertheless, the Order (1) preliminarily enjoined Strulovitch from furthering any 
proceeding before any tribunal, civil or religious, other than the New York Supreme 
Court, and (2) directed Strulovitch to “take all steps necessary to have the beis din 
withdraw [the seruv], including withdrawing the entire proceeding,” stating that this
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Raffi Melkonian @rmfifthcircuit.bsky.social · 23/09/2026
An export ban, lol.
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Rachel Z. Ullrich @rachelziol.bsky.social · 23/09/2026
I call this the “Trial Pendulum”.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 23/09/2026
I feel sorry for @sarahjeong.bsky.social but I’m following the thread to see what new iniquity BA can pile up on its customers’ head before they get home.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 23/09/2026
One of my partners was right in the middle yesterday. I call it the valley of despair. I’m not sure I’ve ever argued a case where I haven’t spent at least a few days in the Valley.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 23/09/2026
Oh no!
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
This is not a happy judge.
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Sean Marotta @smmarotta.bsky.social · 22/09/2026
The United States Court of Appeals for the Eighth Circuit. #AppellatePlaces
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
Incredible stuff.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
Huge decision - we will see how this all fairs in the court of appeals.
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Gabriel Malor @gabrielmalor.bsky.social · 22/09/2026
9th Cir., en banc, holds that Hawaii's shall-issue handgun law does not violate the Second Amendment bc it is non-abusive (it doesn't effectively deny citizens their 2A rights by use of modest procedural burdens). Judges Nelson, Forrest, VanDyke dissent. cdn.ca9.uscourts.gov/datastore/op...
And while certain background checks, firearms safety courses, lengthy wait times, exorbitant fees, or other components of a shall-issue regime could trigger the Second Amendment’s protections, nothing in Plaintiffs’ Complaint suggests that either the thirty-day restriction or the police station inspection requirement crosses that line. At most, the provisions impose only modest, procedural burdens.  They require compliance with a reasonable deadline and, for firearms that fall into the categories set out in § 134-3(a)(c), see supra note 1, a brief administrative visit to verify basic information.  They do not materially impede Plaintiffs from acquiring firearms.  Even in light of Hawaii’s distinctive tradition of heightened firearm regulation, which the Supreme Court has viewed with skepticism, see Wolford, 146 S. Ct. at 2040, 2046, the requirements at issue here are not abusive.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
Really interesting! A court says a judge taking a hearing from bed (he had had surgery) where he couldn't take proper notes and looked unprofessional is harmless error, but please don't do it. caselaw.nationalarchives.gov.uk/ewca/civ/202...
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
I was recently speaking to a pakistani-American law student, and he said "Oh yes, Aga's tastes just like home." So take that for what it's worth.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
Kid’s lunch table is apparently bringing in cookies for each other (the kids are alright) so we made these.
Choccie chip cookies
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
As an immigrant I always laugh at the weird places Armenians have ended up trying to make a living. TIL that the only fancy supermarket in Benin is owned by an Armenian, inevitably named Erevan (the capital of Armenia) www.erevanbenin.com
erevanbenin.com
Accueil
Découvrez les produits U, les catalogues promotions, les jeux, avantages Carte U. Toute la qualité des grandes marques est chez EREVAN Super U Bénin.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
Yeah, I really think SCOTUS though this issue had been dealt with
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
Ok #1 is the thing I was trying to figure out how it happened
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Raffi Melkonian @rmfifthcircuit.bsky.social · 22/09/2026
Two years of catastrophic idiocy and open corruption is worth… 15 percent in the polls. I don’t know man
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Judge Stephen Dillard @judgedillard.bsky.social · 21/09/2026
One of my former interns (and a dear friend) is in London and she just happened to run into my favorite singer (Matty Healy) from my favorite band, @the1975twt.bsky.social, and she sent this video to me. Just unbelievably cool.
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Kyle Cheney @kyledcheney.bsky.social · 21/09/2026
UPDATE: Judge Kelly has set a Wednesday hearing at 3:30 PM on the media organization's motion to immediately lift Trump's ban on White House access. DOJ has until tomorrow night to respond to the emergency motion ahead of the hearing. www.politico.com/news/2026/09...
politico.com
Judge appointed by Trump will oversee news outlets’ lawsuit over White House ban
U.S. District Judge Timothy Kelly restored former CNN journalist Jim Acosta’s White House press pass during Trump’s first term.
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