The Eighth Circuit decision in the Avila case yesterday should scramble the incessant reporting about the orders violated in the flood of habeas cases filed in Minnesota’s federal courts. These orders required respondents to do this and that immediately in connection with Operation Metro Surge. The barrage began with a statement by Chief Judge Patrick Schiltz mentioning orders in 66 cases.
As I understand it, 53 of the 66 cases referred to by Judge Schiltz involved reliance on a reading of the statute that the Eighth Circuit rejected in Avila. The habeas petitions in the 53 cases should have been denied and the cases dismissed. The judges themselves missed the mark.
John Hinderaker called for apologies from the judges for Attorney General Pam Bondi and United States Attorney Daniel Rosen. I wouldn’t hold my breath on that one. However, a recount may be in order.
I worked for the late Eighth Circuit Judge Myron Bright for two years. He included me in many of his activities off the bench. Accordingly, I saw him speaking to at law schools to law students several times.
In those talks Judge Bright would recall a Hollywood party he attended with his wife, Fritzie. At the party Judge Bright was seated next to Tina Louise of Gilligan’s Island fame and getting full of himself enjoying her company. To rein him in Fritzie leaned over and whispered, “Don’t get too judgey, Judge.” Our Minnesota federal bench seems to have gotten awfully “judgey” in the cases resulting from Operation Metro Surge.
