As you know, the department of justice's successful efforts to bar the Texas abortion law were led by LISA NEWMAN, ESQUIRE. See AND LISA NEWMAN SHALL LEAD TEN OF THEM ....
The doj's success was fleeting, though. Texas won the initial skirmish on appeal. A motions panel, which means a panel of judges gathered together to hear motions in all the pending appeals, granted Texas' motion to lift the District Court's injunction of the Texas law in this case. Technically, the motion panel only granted a motion to stay the injunction in this case, in other words, to keep the Texas abortion law in place, while the Fifth Circuit Court of Appeals took the time to decide the motion. See Download Order 5th Circuit Emergency Stay United States v. State of Texas No. 21-50792 (5th Cir. October 8 2021).
In reality, of course, this is the Fifth Circuit. Things are looking grim for the doj. The department of justice would need to maximize its chances of reaching the judges who sit on the Fifth Circuit, which covers Texas.
So the doj replaced the successful trial lawyer, LISA NEWMAN, on the appeal. That is not unusual, that an appellate lawyer at a big firm, or in this case at the doj, comes in to handle an appeal rather than the trial lawyer who won the case. In this case, it should be noted that NEWMAN is from Texas, went to the University of Texas undergrad, and then went to the prestigious University of Texas Law School. The judges on the Fifth are likely to listen to her.
Or they would have been. Ms. NEWMAN has been replaced on appeal with one DANIEL WINIK, ESQUIRE. He signed the USA's Opposition to Stay already filed on October 11, 2021.
MERRICK GARLAND, did someone tell you this is a good decision? Just asking for the country.
Mr. WINIK is a White male who went to Yale. Good luck relating to the judges down in the Fifth Circuit. Not extremely likely that they'll listen to you, Mr. WINIK, but maybe. Not a winning strategy on appeal, in any case.
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