Comments about ‘Utah judge leaving for Stanford post’

Why he left is patently obvious: McConnell wanted SCOTUS, so he could push his Roe v. Wade agenda. When that hope was vanquished due to the scuttling of the S.S. McCain, there was no reason to stay.

Beyond that, the gig on the Circuit was little more than a way for Prof. McConnell to pad his resume. He spent so much time teaching and gallivanting across the country on the rubber-chicken circuit that his judgeship was a part-time job. He rarely even read the unpublished opinions he delivered, as evidenced by Harrington v. Wilson, No. 06-1418 (10th Cir. Jun. 7, 2007) (unpublished) (withdrawn). Simply put, even the least competent judge on the federal bench ought to know that if you dont have jurisdiction, you cant dismiss a claim with prejudice. Ex parte McCardle is mandatory reading in any law school curriculum.

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As I understand the report from the U.S. Judicial Conference "Case Management Procedures in the Federal Courts of Appeals", in the 10th Circuit pro se appeals are actually written by the clerks and pro ses are not allowed oral argument. Be careful, in my experience in the federal courts the order and judgment may not comply with rules 52a, 54a, or 58a and you may be jailed for filing truthful statements in court without an evidentiary hearing. They call it "5005 civil contempt".

Also, a court in Steamboat Springs Colorado have ruled, and former Judge Nottingham upheld, that cities are free to decide not to enforce their zoning laws or to enforce them selectively.