Alan Millstein: Brady's chances of en banc hearing dramatically improved with latest amicus filings

betterthanthealternative said:

Yes, for an organization with the breadth of focus as the Post, having a single person make themselves into an expert creates both an asset and momentum. Happens all the time in journalism. Heck, that's how they were so influential with the Nixon criminal activity known as "Watergate."

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Yep. Journalism/news media were deserving of consideration as "the fourth estate" when investigative journalism and truth were considered pillars of their being, now they are entertainment entities. I'm truly grateful Sally Jenkins are still working to keep those ideals alive.

TommyBrady12 said:

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Based on what?I hope it's true but what is he going on?

VectorPrime said:

Based on what?I hope it's true but what is he going on?

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Probably all the amicus briefs

VectorPrime said:

Based on what?I hope it's true but what is he going on?

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It could be insider information but as far as public knowledge how's its an educated guess. I sure hope he is right because Brady will win the appeal.

VectorPrime said:

Based on what?I hope it's true but what is he going on?

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I find it hard to take seriously too. Federal judges don't leak stories to reporters.

Tuck said:

I find it hard to take seriously too. Federal judges don't leak stories to reporters.

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Agreed. The federal judiciary (including clerks) is amazing at keeping secrets.

Ivan said:

It could be insider information but as far as public knowledge how's its an educated guess. I sure hope he is right because Brady will win the appeal.

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Oh how many times I've heard that before. I no longer take anything for granted in this case until I hear the actual verdict. I pray and hope Brady gets and wins the appeal, but the past has shown that nothing is a slam dunk.

Mack Herron said:

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So this is bad news? Good news? Just something for our information?

blackglass3 said:

So this is bad news? Good news? Just something for our information?

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Bad news, it reduces the number of available justices and Bradys number needed remains the same.

Ivan said:

Bad news, it reduces the number of available justices and Bradys number needed remains the same.

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Not correct. He needs 50%. If 2 of 14 are eliminated he need 6 intraday of 7.

If Brady gets a new hearing, re-hearing before the same three judges still more likely than en banc I believe. Not that average probabilities have predicted anything accurately in this case. Still other plates spinning:

Ivan said:

Bad news, it reduces the number of available justices and Bradys number needed remains the same.

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i would say that it is good news because now brady only needs 5 other judges to affirm (in addition to katzmann) berman, as opposed to 6. the en banc panel will consist of 12 judges.

so the two judges going on senior status will not affect the decision to hear en banc. however, it will impact the en banc rulng.

Lets get to the rehearing first. Thats a big IF. The lawyers in the media are also becoming like sports media members speculating with their own opinions.

SVN said:

Lets get to the rehearing first. Thats a big IF. The lawyers in the media are also becoming like sports media members speculating with their own opinions.

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Well with Omissioners like Goodell running professional sports leagues, fans will need to be more knowledgeable about the top lawyers and the legal system.

We're getting closer to a world where appellate lawyer fantasy leagues will become a reality.

I got dibs on Ted Olson, I'm in a keeper league.

TommyBrady12 said:

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Yeah, I read this. Kind of makes me like the 2nd Circuit. They appear to have a bit of a heart.

Why isn't Berman counted along with Katzman, he's in the en banc isn't he?