Brian T Fitzpatrick

August 15, 2024 | National Law Journal

The only honest way to assess performance in the Supreme Court is to divide the number of Supreme Court reversals by the number of appeals the circuit decided the previous year. On that metric, the Fifth Circuit was reversed only one time for every 1,000 appeals.

By Brian T. Fitzpatrick

4 minute read

April 24, 2006 | National Law Journal

Supreme Court Justice Antonin Scalia is an opinionated guy. I know. I clerked for him four years ago. Every once in a while, however, Scalia's love of intellectual engagement leads him to make a mistake. He made one of these mistakes recently.

By Brian T. FitzpatrickSpecial to The National Law Journal

5 minute read

April 26, 2006 | National Law Journal

Brian Fizpatrick knows that Supreme Court Justice Antonin Scalia is an opinionated guy -- he clerked for him several years ago. Sometimes, Fitzpatrick writes, the justice makes a mistake. He isn't referring to Scalia's now-famous Sicilian hand-gesture, or the decision not to recuse himself in cases in which he's seen to have preconceived opinions on the issues. In fact, Fitzpatrick says, the mistake would be to recuse in those instances, and perpetuate the myth that judges enter every case as blank slates.

By Brian T. Fitzpatrick

5 minute read

April 26, 2006 | Law.com

Brian Fizpatrick knows that Supreme Court Justice Antonin Scalia is an opinionated guy -- he clerked for him several years ago. Sometimes, Fitzpatrick writes, the justice makes a mistake. He isn't referring to Scalia's now-famous Sicilian hand-gesture, or the decision not to recuse himself in cases in which he's seen to have preconceived opinions on the issues. In fact, Fitzpatrick says, the mistake would be to recuse in those instances, and perpetuate the myth that judges enter every case as blank slates.

By Brian T. Fitzpatrick

5 minute read