Trump appointee blasts Fifth Circuit over "landmines" in its recent decisions
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Law Dork
In a case that has already ping-ponged around the federal court system, U.S. District Judge Mark Pittman on Friday granted the U.S. Chamber of Commerces request to block the Consumer Financial Protection Bureaus new credit card late fee rule from going into effect.
In doing so, a trial court judge in the federal system issued a ruling that adhered to the law and precedent within his circuit, as he is obligated to do.
At the same time, however, Fridays decision from Pittman a Trump appointee to the Northern District of Texas was a remarkable attack on the actions of the U.S. Court of Appeals for the Fifth Circuit, the court to which all of his cases are appealed.
More than half of Pittmans 12-page opinion is devoted to making as clear as possible his extreme dissatisfaction with the behavior of the Fifth Circuit in this case.
Pittman referencing the Fifth Circuits earlier ruling that sent the case back to him wrote that he rejects the notion that [his court] did not act promptly with respect to the Plaintiffs preliminary-injunction motion.
As to the specifics of what he did with the Chambers challenge and how the Fifth Circuit responded Pittman later added, [A] district court has broad discretion and inherent authority to manage its docket.
Thats what it did here, much to the apparent dismay of the Fifth Circuit.
Pittman a conservative judge made a very public case Friday that the Fifth Circuits actions in the case encourage party manipulation of the court process.