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pat_bryant's profile
Patrick Bryant
Patrick Bryant
Patrick Bryant
@pat_bryant

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Patrick Bryant

@pat_bryant

Appellate Federal Public Defender, E.D. Va. #AppellateTwitter Views my own; likes/RT mean nothing.

Joined May 2010

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    1. Patrick Bryant‏ @pat_bryant 17 Jul 2019

      In honor of Justice John Paul Stevens's passing, a thread on my favorite opinion of his: the dissent in Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 4 (1992). https://en.wikipedia.org/wiki/Martin_v._District_of_Columbia_Court_of_Appeals … 1/

      1 reply 32 retweets 82 likes
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    2. Patrick Bryant‏ @pat_bryant 17 Jul 2019

      Martin was a vexatious litigant who filed dozens of patently frivolous cert petitions. The Court had denied his motion to file in forma pauperis in several cases and denied other petitions outright, and he kept filing frivolous petitions. 2/

      1 reply 1 retweet 2 likes
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    3. Patrick Bryant‏ @pat_bryant 17 Jul 2019

      Finally, in this case, the Court entered an order barring Martin from filing unpaid petitions at all, so he couldn't even get in the door unless he paid the filing fee. The Court wouldn't even have to go to the trouble of denying them. 3/

      1 reply 1 retweet 3 likes
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    4. Patrick Bryant‏ @pat_bryant 17 Jul 2019

      Justice Stevens dissented. He argued that denying obviously frivolous petitions took little more work than rejecting them before filing. Yes, there might be a tiny administrative benefit to this order... 4/

      1 reply 1 retweet 6 likes
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    5. Patrick Bryant‏ @pat_bryant 17 Jul 2019

      But it was "far outweighed by the shadow it casts on [the Court's] great tradition of open access." After this decision, the Court would routinely apply it to "Martin-ize," or bar, similarly vexatious litigants from filing petitions. 5/

      1 reply 1 retweet 6 likes
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    6. Patrick Bryant‏ @pat_bryant 17 Jul 2019

      And Justice Stevens would always note his dissent from those orders with a cite to his Martin dissent. Since his retirement, no other Justice has followed his approach, and the Court's Martin orders appear to be unanimous, or at least without noted dissent. 6/

      1 reply 2 retweets 6 likes
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    7. Patrick Bryant‏ @pat_bryant 17 Jul 2019

      That made me sad. Like the supposedly security-related re-design of the Court that made it impossible to enter the building through the front doors, Martin gave the Court a small administrative gain at a large symbolic cost. 7/

      1 reply 2 retweets 11 likes
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      Patrick Bryant‏ @pat_bryant 17 Jul 2019

      The Court should be open. Denying frivolous petitions is a small burden on the Court, but a Martin order is a tremendous limit on the right of some to "petition the Government for a redress of grievances." 8/

      5:06 AM - 17 Jul 2019
      • 1 Retweet
      • 11 Likes
      • Contingency Fee Chris Shenton cosh Oriana Wickenkamp Matthew Strugar Sharita Gruberg E. McPan Sally Dillon Chad🇺🇸🇹🇹💸🗽♨️😒
      1 reply 1 retweet 11 likes
        1. New conversation
        2. Patrick Bryant‏ @pat_bryant 17 Jul 2019

          Especially at a time when the Court hears so few cases, and doesn't televise or allow live audio of arguments, it shouldn't be doing even more to hermetically seal itself off from the people. It should be open to all. 9/

          1 reply 1 retweet 8 likes
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        3. Patrick Bryant‏ @pat_bryant 17 Jul 2019

          Justice Stevens recognized that. And every time I see a cite to Martin in the back of the orders list, I regret not seeing his noted dissent. 10/10

          1 reply 1 retweet 10 likes
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        4. Patrick Bryant‏ @pat_bryant 17 Jul 2019

          I'm tagging (petitioning) a few folks in hopes of spreading this. I hope I don't get the Twitter equivalent of a Martin order in response! @StrictScrutiny_ @AppellateDaily @steve_vladeck @danepps @johnpelwood @WilliamBaude @RMFifthCircuit

          0 replies 0 retweets 2 likes
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        5. End of conversation

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