The Problem With Multidistrict Litigation

The O.G. Breyer, Breyer clerk.

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Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions?

The Agenda:
β€”Justice Breyer’sΒ jurisprudence
β€”Judging vs.Β personal value judgments
β€”David’sΒ cringeΒ a cappellaΒ groupΒ name
β€”Constitutionality of magistrate judges
β€”How to fix forum shopping
β€”MDLs,Β explained
β€”The pros and cons of MDLs
β€”How to become a judge
β€”Judge Chhabria’s clerk hiring process

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Comments (35)
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  1. Deleted Comment

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    James K.

    I appreciate Sarah and David's quest to present a cogent presentation of the progressive/liberal equivalent to textualism. Alas, Judge Chhabria provided another example of "we're textualists until we don't like the answer the law gives us". Acknowledging that he was elevated as a judge because of his background defending and enacting progressive policies was a bit on the nose as well.

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  3. Erobrobbins

    Am I the only one disappointed that David followed up "I get triggered every time I hear Justice Scalia and drugs in the same sentence because of" with "Employment Division vs. Smith?" I was hoping to hear of a crazy night at the '06 FedSoc convention where Justice Scalia and David took psilocybin mushrooms together, resulting in Justice Scalia discovering the true original meaning of every provision of the Constitution and David running naked through the woods while being pursued by hallucinated orcs.

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    1. Nickolas

      He mentioned dungeons & dragons, the rest is implied

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  4. SRHuckaby

    Excellent pod (pretty much always is, I know)! I very much enjoyed listening and learned as well. Thanks!

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  5. Davidbenjaminlat

    By the way, here's the New Yorker article by Kelefa Sanneh that's discussed in the episode, in which Judge Chhabria is quoted:

    https://www.newyorker.com/news/persons-of-interest/sarah-isgurs-majority-report

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    1. MathewA

      Thanks, that was a great write up

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  6. Nickolas

    Only partially through the ep, but I'd like to toss out a gentle reminder to keep the Definitional Explanatory Interlude going. DEI 4eva

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  7. Davidbenjaminlat

    Excellent episode; Judge Chhabria was a great guest. It was nice to get the perspective of a district judge, since the judicial guests have usually been circuit judges.

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  8. AD

    Sarah, regarding your high school madrigal choir … I also grew up in Houston and am a lifelong classical singer. I sang in my high school’s chamber choir for four years. We sang madrigals but also sacred motets and other classical unaccompanied music . We did not dress up in period attire, but each year we would go to Madrigal Festival in San Antonio and definitely saw other Texas high school choirs dressed up as you described. I wonder if yours was one of them!

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    Jake

    I know it's cute to say, "I hired a communist!", but that should be as socially acceptable as saying, "I hired a Nazi!"

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    1. MathewA

      yep except the communists have a higher body count

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    3. Bradgreenwald

      But look at how good the intentions were!

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    Michael Berkowitz

    Regarding Ms. Isgur's disparagement of Mr. French's modern gospel music (I don't remember her exact term for the genre), let me say that I've really enjoyed 𝘚𝘸π˜ͺ𝘡𝘀𝘩𝘧𝘰𝘰𝘡 (I know that was a while back) and a song Mr. French once linked to in his newsletter, 𝘚𝘦𝘀𝘰𝘯π˜₯ 𝘎𝘢𝘦𝘴𝘴 𝘎π˜ͺ𝘳𝘭. Most of his stuff was too, you know, 𝘊𝘩𝘳π˜ͺ𝘴𝘡π˜ͺ𝘒𝘯 for me, but those had good words and music that conveyed religious sensibility in a non-sectarian way.

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    1. Ken Motamed

      The eponymous Jars of Clay album is great regardless of genre.

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      1. StripesW

        I agree with Sarah that much of contemporary Christian music is pretty boring (give me classic hymns over "worship music" any day), but Ken is right: Jars of Clay is definitely worth a listen.

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        Michael Berkowitz

        I will have to check that out. Thanks.

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