# Judge Jerry Smith TORCHES Rogue Judge in MOST BRUTAL Dissent EVER SEEN! Source: https://www.youtube.com/watch?v=q9CDJcFWv7E Recap page: https://rapidrecap.app/video/q9CDJcFWv7E Generated: 2025-11-22T20:31:21.189+00:00 --- ## Quick Overview Circuit Judge Jerry E. Smith issued a scathing dissent against Judge Brown's actions in a three-judge district court case, highlighting Judge Brown's issuance of a 160-page opinion without giving the dissenting judge reasonable opportunity to respond, which Smith deemed the "most outrageous conduct by a judge" he encountered in 37 years on the federal bench, further noting that the majority opinion was rushed and buried critical information in a non-consecutive docket entry. **Key Points:** - Circuit Judge Jerry E. Smith wrote a scathing dissent calling Judge Brown's conduct the "most outrageous conduct by a judge" he encountered in 37 years on the federal bench. - Judge Brown issued a 160-page opinion without allowing Judge Smith reasonable opportunity to respond, despite Smith being out of town attending a funeral. - The initial actual opinion draft from Judge Brown was only allowed to be seen five calendar days before the actual opinion was sprung, which Smith called "unthinkable, but it occurred — and not accidentally." - Judge Smith noted that Judge Brown sent a message stating he attached a complete draft of the memorandum opinion and order granting the injunction, but revisions were still needed, suggesting a planned delay/rush strategy. - The final entry on the district court docket brought up only Judge Brown's opinion, denying the reader access to Judge Smith's dissent without opening a separate, non-consecutive docket entry. - Judge Smith sarcastically quoted the majority saying they "won" by diminishing the impact of the dissent, calling it a "Pyrrhic victory." ![Screenshot at 1:46: Judge Jerry E. Smith vehemently arguing while displaying the court document detailing Judge Brown's alleged procedural misconduct and the length of the drafts.](https://ss.rapidrecap.app/screens/q9CDJcFWv7E/00-01-46.png) **Context:** The video discusses a judicial dissent written by Circuit Judge Jerry E. Smith regarding a ruling from a three-judge district court panel, likely involving a Texas redistricting map case (as suggested by the on-screen document referencing the 2025 Map). Judge Smith's dissent criticizes the conduct of Judge Brown, one of the majority judges, detailing procedural irregularities surrounding the issuance of the majority opinion and the subsequent handling of Smith's dissenting opinion. ## Detailed Analysis Judge Jerry E. Smith wrote a highly critical dissent, calling Judge Brown's actions the "most outrageous conduct" he witnessed in 37 years on the federal bench. This outrage stemmed from Judge Brown issuing a 160-page opinion without giving Smith a reasonable opportunity to respond, noting that if the judges were sure of their result, they would not have been so unfairly eager to issue the opinion or could have waited for the dissent to join. Smith detailed that Judge Brown announced he would issue an opinion three days later—an opinion that Smith hadn't even seen or been furnished before its issuance. Judge Smith noted that he was out of town attending a funeral when the initial draft was circulated. A revised draft was sent later, but the entry on the district court docket only brought up Judge Brown's opinion, effectively hiding Smith's dissent by requiring readers to open a separate, non-consecutive docket entry. Smith quotes the majority claiming they "won" by diminishing the impact of the dissent, which he calls a Pyrrhic victory, and ends by recounting a past piece of advice: "Always sit with your back to the wall." ### Introduction to the Conflict - The case involved a redistricting map where race played a role, and the public perception was that it was about politics, citing Chief Justice John Roberts: "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race." ### Judge Smith's Dissenting Quote - Circuit Judge Jerry E. Smith dissented, opening with the quote, "Fasten your seatbelts. It's going to be a bumpy night!" and stating he dissented from the entirety of Judge Brown's opinion. ### Procedural Irregularities by Judge Brown - Smith alleged Judge Brown issued a 160-page opinion without giving reasonable opportunity to respond, claiming the draft was 168 pages with 655 footnotes, and the first actual opinion draft was only available five calendar days before issuance. ### Judge Smith's Absence and Response - Smith explained he was out of town for a funeral from Thursday through Sunday, working on the dissent, while Judge Brown continued working and sent a revised draft on Sunday, November 16th, intending to issue it Tuesday, November 18th. ### Hiding the Dissent - The entry on the district court docket only showed Judge Brown's opinion, forcing readers to look elsewhere for the dissent, which Smith said diminished the impact of his work. ### The Outrageous Nature - Smith called the actions an "outrage" and questioned what the two judges who went along with Judge Brown were afraid of, suggesting a lack of judicial restraint, good faith, or trust. ![Screenshot at 0:03: The introduction section of the court document is displayed, featuring a quote from Chief Justice John Roberts about stopping discrimination on the basis of race.](https://ss.rapidrecap.app/screens/q9CDJcFWv7E/00-00-03.png) ![Screenshot at 1:25: Circuit Judge Jerry E. Smith is quoted dissenting, beginning with the colorful phrase, "Fasten your seatbelts. It's going to be a bumpy night!"](https://ss.rapidrecap.app/screens/q9CDJcFWv7E/00-01-25.png) ![Screenshot at 2:55: Page 1 of 104 of the dissent document is shown, where Judge Smith claims the conduct by Judge Brown 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/q9CDJcFWv7E/00-02-55.png) ![Screenshot at 5:55: The text highlights the claim that the fuse is too short in light of \*Parnell\*, implying the rush to issue the ruling was improper.](https://ss.rapidrecap.app/screens/q9CDJcFWv7E/00-05-55.png) ![Screenshot at 9:43: The document shows Judge Smith's characterization of the event as an "outrage" for itself, questioning the fear behind the actions of the two judges who supported Judge Brown.](https://ss.rapidrecap.app/screens/q9CDJcFWv7E/00-09-43.png)