# Supreme Court SMACKS Down Rogue Judges in Texas Re-Districting Case! Source: https://www.youtube.com/watch?v=EhJQDahHszs Recap page: https://rapidrecap.app/video/EhJQDahHszs Generated: 2025-12-08T19:05:07.99+00:00 --- ## Quick Overview Circuit Judge Jerry Smith issued a scathing dissent to Judge Brown's majority opinion in the Texas redistricting case, calling the majority's actions "outrageous conduct" and pointing out that the majority opinion itself contained numerous factual and legal errors, including the failure to wait for Smith's dissent before issuing the ruling, which Smith argues was done deliberately to avoid having to address his arguments. **Key Points:** - Circuit Judge Jerry E. Smith issued a lengthy dissent against Judge Jeffrey V. Brown's majority opinion in the Texas redistricting case, calling it the "most outrageous conduct by a judge" Smith had encountered in 37 years on the federal bench. - Judge Brown issued a 160-page opinion without giving Smith a reasonable opportunity to respond, which Smith argues was done deliberately, noting the majority opinion itself contained errors and was finalized only five calendar days after the first actual opinion draft was sprung. - The majority opinion failed to address Smith's arguments, such as the DOJ's alleged partisan motivations being behind the redistricting push, and the majority's entry on the district court docket gave the reader no access to Smith's dissent without opening a separate, non-consecutive docket entry. - Smith quotes Chief Justice John Roberts: "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," implying the majority's focus was improperly race-based. - Smith highlights that the majority opinion's decision effectively forces states to create race-based districts, which he argues runs contrary to established legal principles. - The dissent notes that Judge Brown was announcing an opinion three days later that Smith hadn't even seen, an action Smith calls "unthinkable, but it occurred — and not accidentally." - The dissent concludes by stating the majority won by diminishing the impact of the dissent, calling the outcome a "Pyrrhic victory." ![Screenshot at 00:00: The speaker on screen points to specific text in Judge Brown's majority opinion criticizing the conduct, highlighting the phrase: "In my 37 years on the federal bench, this is the most outrageous conduct by a judge that I have ever encountered in a case in which I have been involved."](https://ss.rapidrecap.app/screens/EhJQDahHszs/00-00-00.png) **Context:** The video discusses the dissent filed by Circuit Judge Jerry E. Smith in a three-judge district court ruling concerning Texas's new 2025 electoral map for U.S. House elections. The majority opinion, written by Judge Jeffrey V. Brown, granted a preliminary injunction against the map, but Judge Smith strongly disagreed with the process and substance of the ruling, leading to this detailed and highly critical dissent. ## Detailed Analysis The speaker analyzes the dissent filed by Circuit Judge Jerry E. Smith against Judge Jeffrey V. Brown's majority opinion concerning the Texas redistricting map. Smith asserts that Judge Brown's conduct was the "most outrageous" he had seen in 37 years on the federal bench because Brown issued a 160-page opinion without allowing Smith a reasonable opportunity to respond. Smith claims this was intentional, noting that the majority opinion draft was only allowed to be seen five calendar days before the actual opinion was sprung, despite the judges immediately retiring to confer after the evidentiary hearing on October 10th. Smith quotes Chief Justice John Roberts regarding stopping race discrimination by stopping discrimination on the basis of race, suggesting the majority's focus was improper. The dissent highlights that the majority opinion effectively forces states to create race-based districts, which Smith argues is unconstitutional. Smith points out the majority opinion's failure to address his arguments, such as the DOJ's partisan motivations. Furthermore, Smith reveals procedural misconduct: Judge Brown sent the dissent a 13-page outline on November 5th, but then sent a message on November 12th anticipating issuing the injunction on November 15th, stating they couldn't wait for Smith's dissent because the fuse was too short in light of *Purcell*. Smith notes that the majority essentially declared victory by issuing their opinion without waiting for his dissent, setting a horrendous precedent. Smith concludes by saying the majority's win diminishes the impact of the dissent and is a Pyrrhic victory. ### Judge Brown's Conduct - Most outrageous conduct in 37 years - Issued 160-page opinion without reasonable opportunity to respond - Refused to wait for dissenting opinion ### Dissent Timeline & Process - Hearing concluded Oct 10 - Judges immediately retired to confer - Brown sent 13-page dissent outline Nov 5 - Injunction anticipated Nov 15; draft not shared before ruling ### Critique of Majority Opinion - Contains factual and legal errors - Unthinkable, but occurred—and not accidentally - Majority won by diminishing impact of dissent ### Judge Smith's Dissent - Quotes Roberts on stopping race discrimination - Denies entire premise of Judge Brown's opinion - Notes the urgency was manufactured ### Anecdote - Judge Smith recounts being asked for advice as a new judge: "Always sit with your back to the wall." ![Screenshot at 00:00: The speaker highlights the first paragraph of Judge Brown's opinion where he calls the conduct "most outrageous."](https://ss.rapidrecap.app/screens/EhJQDahHszs/00-00-00.png) ![Screenshot at 00:05: The speaker reads from the document, highlighting Judge Brown's claim that the majority opinion was issued without giving him a reasonable opportunity to respond.](https://ss.rapidrecap.app/screens/EhJQDahHszs/00-00-05.png) ![Screenshot at 01:32: The document shows the start of Judge Smith's dissent, quoting his opening line: "Fasten your seatbelts. It's going to be a bumpy night!"](https://ss.rapidrecap.app/screens/EhJQDahHszs/00-01-32.png) ![Screenshot at 04:43: The screen displays the initial page of the Memorandum Opinion and Order Granting Preliminary Injunction, showing the case caption.](https://ss.rapidrecap.app/screens/EhJQDahHszs/00-04-43.png) ![Screenshot at 14:17: The dissenting judge, Jerry Smith, is quoted as saying the majority's actions set a "horrendous precedent that 'might makes right'."](https://ss.rapidrecap.app/screens/EhJQDahHszs/00-14-17.png)