Raffi Melkonian
@rmfifthcircuit.bsky.social
Appellate lawyer at Wright, Close & Barger in Houston, with a Fifth Circuit and TX appellate practice. So-called Dean, #appellatetwitter. Host of The Appellate Wanderer podcast
Pinned
The lineup is fantastic. Both Yokozuna, Ura, kinbozan, aonishki
Interesting oral argument case at CA5: Are mental illnesses covered by OHSA? In this case, PTSD caused by an explosion.
Counsel says this is an issue of first impression.
www.ca5.uscourts.gov/OralArgRecor...
Counsel says this is an issue of first impression.
www.ca5.uscourts.gov/OralArgRecor...
January 8, 2026 at 9:18 PM
Interesting oral argument case at CA5: Are mental illnesses covered by OHSA? In this case, PTSD caused by an explosion.
Counsel says this is an issue of first impression.
www.ca5.uscourts.gov/OralArgRecor...
Counsel says this is an issue of first impression.
www.ca5.uscourts.gov/OralArgRecor...
Had y'all noticed that the Oklahoma Supremes - on procedural grounds - struck down the State's gibberish new social studies standards? (That includes such important matters like teaching first graders David and Goliath?)
www.oscn.net/applications...
www.oscn.net/applications...
REV. DR. MITCH RANDALL, et al. v. LINDEL FIELDS, et al.
www.oscn.net
January 8, 2026 at 7:20 PM
Had y'all noticed that the Oklahoma Supremes - on procedural grounds - struck down the State's gibberish new social studies standards? (That includes such important matters like teaching first graders David and Goliath?)
www.oscn.net/applications...
www.oscn.net/applications...
OK well, that's just your opinion.
{no seriously don't}
{no seriously don't}
Look. I know there are issues with the judiciary I get it. But I promise you, if you go pro se, don’t file a motion calling the judge “an unclean dingle berry”
It’s only gonna make everyone laugh and then get you royally bench-slapped
It’s only gonna make everyone laugh and then get you royally bench-slapped
January 8, 2026 at 6:53 PM
OK well, that's just your opinion.
{no seriously don't}
{no seriously don't}
The king of dad law jokes
with my friends I have sometimes joked that some nights I make myself an "Iqbal" dinner: not a dinner cooked with particularity, but just a plausible dinner
January 8, 2026 at 5:33 PM
The king of dad law jokes
I didn't know about this dish until a restaurant near our house started serving it, because it's apparently more of a home thing, but espagueti verde (spaghetti with poblano sauce) is really delicious.
Roast poblanos, process with some amount of crema or heavy cream or cream cheese(?) and broth.
Roast poblanos, process with some amount of crema or heavy cream or cream cheese(?) and broth.
January 8, 2026 at 5:27 PM
I didn't know about this dish until a restaurant near our house started serving it, because it's apparently more of a home thing, but espagueti verde (spaghetti with poblano sauce) is really delicious.
Roast poblanos, process with some amount of crema or heavy cream or cream cheese(?) and broth.
Roast poblanos, process with some amount of crema or heavy cream or cream cheese(?) and broth.
It's not a defense of Trump at all - after all, the "king was ill-served by his advisors" is the oldest trope of the tyrant - but I do think he doesn't know what actually happened most of the time.
i firmly believe — like you would have to give me hard evidence to convince me otherwise — that they feed trump a steady diet of AI slop
man, did the viziers in the WH not actually show him the actual video?
January 8, 2026 at 3:46 PM
It's not a defense of Trump at all - after all, the "king was ill-served by his advisors" is the oldest trope of the tyrant - but I do think he doesn't know what actually happened most of the time.
A colleague passed along another case with AI hallucinations, with a twist.
Recently, a lawyer representing an individual filed a reply brief with many hallucinations and inaccurate quotes. The Fifth Circuit issued a show cause order, partially as below. 1/
Recently, a lawyer representing an individual filed a reply brief with many hallucinations and inaccurate quotes. The Fifth Circuit issued a show cause order, partially as below. 1/
January 7, 2026 at 11:58 PM
A colleague passed along another case with AI hallucinations, with a twist.
Recently, a lawyer representing an individual filed a reply brief with many hallucinations and inaccurate quotes. The Fifth Circuit issued a show cause order, partially as below. 1/
Recently, a lawyer representing an individual filed a reply brief with many hallucinations and inaccurate quotes. The Fifth Circuit issued a show cause order, partially as below. 1/
I would say even for those of us who spend a lot of time reading police shooting cases from the courts of appeals and watching the related videos - and that is a shocking and dismaying experience, I promise you - that one is pretty shocking.
January 7, 2026 at 8:49 PM
I would say even for those of us who spend a lot of time reading police shooting cases from the courts of appeals and watching the related videos - and that is a shocking and dismaying experience, I promise you - that one is pretty shocking.
Reposted by Raffi Melkonian
Predictably, and as with the DHS statements after previous ICE shootings, this is both a reckless, baseless, defensive rush to judgment and entirely contradicted by the available evidence, including video and eyewitness accounts.
January 7, 2026 at 6:11 PM
Predictably, and as with the DHS statements after previous ICE shootings, this is both a reckless, baseless, defensive rush to judgment and entirely contradicted by the available evidence, including video and eyewitness accounts.
This is Bean Beanland. I love the jacket.
January 7, 2026 at 4:02 PM
This is Bean Beanland. I love the jacket.
Reposted by Raffi Melkonian
You're not ready for the name of the energy transition specialist at Heat Pump Association UK
January 7, 2026 at 12:06 PM
You're not ready for the name of the energy transition specialist at Heat Pump Association UK
Reposted by Raffi Melkonian
I have no words equal to the anniversary of Jan. 6. So I will merely link to my article explaining why the Supreme Court was wrong not to disqualify Trump for it. But, in fairness, the Court was far from only institution that failed here. Lots of blame to go around: papers.ssrn.com/sol3/papers....
A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in <i>Trump v. Anderson</i>
<p>In <i>Trump v. Anderson</i>, a divided Supreme Court achieved unusual unanimity in an important case. All nine Justices agreed that state governments could n
papers.ssrn.com
January 7, 2026 at 2:09 AM
I have no words equal to the anniversary of Jan. 6. So I will merely link to my article explaining why the Supreme Court was wrong not to disqualify Trump for it. But, in fairness, the Court was far from only institution that failed here. Lots of blame to go around: papers.ssrn.com/sol3/papers....
I sort of think the Europeans should just station a brigade in Greenland and see if he'll literally attack NATO soldiers.
January 6, 2026 at 11:01 PM
I sort of think the Europeans should just station a brigade in Greenland and see if he'll literally attack NATO soldiers.
Reposted by Raffi Melkonian
Holy cow
The Ravens fired John Harbaugh, sources tell The Insiders.
January 6, 2026 at 10:15 PM
Holy cow
Reposted by Raffi Melkonian
I get to write another "new appellate person joining our team" post! I'm incredibly excited that John Englander, who just retired as a Justice on the Massachusetts Appeals Court, will be rejoining Goodwin as Of Counsel in our Appellate and Supreme Court practice. www.goodwinlaw.com/en/news-and-...
January 6, 2026 at 10:08 PM
I get to write another "new appellate person joining our team" post! I'm incredibly excited that John Englander, who just retired as a Justice on the Massachusetts Appeals Court, will be rejoining Goodwin as Of Counsel in our Appellate and Supreme Court practice. www.goodwinlaw.com/en/news-and-...
Reposted by Raffi Melkonian
David Frum "translates" Hegseth: "Our lawyers advise that we will humiliatingly lose any attempted court martial based upon our ridiculous claims, so I'm instead going to test whether I can reduce a retired naval officer's pension by administrative action to punish him for hurting my feelings."
January 6, 2026 at 7:45 PM
David Frum "translates" Hegseth: "Our lawyers advise that we will humiliatingly lose any attempted court martial based upon our ridiculous claims, so I'm instead going to test whether I can reduce a retired naval officer's pension by administrative action to punish him for hurting my feelings."
Reposted by Raffi Melkonian
This Friday is an opinion day at SCOTUS. The tariff ruling is a distinct possibility.
January 6, 2026 at 6:01 PM
This Friday is an opinion day at SCOTUS. The tariff ruling is a distinct possibility.
I vacillate between wanting to do crazy guy in shed heated only by Islay peat baking and "I have to buy the brand new danish bread whisk and electric starter warmer pad" baking.
January 6, 2026 at 5:08 PM
I vacillate between wanting to do crazy guy in shed heated only by Islay peat baking and "I have to buy the brand new danish bread whisk and electric starter warmer pad" baking.
This is very important news.
With all that is going on in the world, it might be easy to overlook that the D.C. Circuit appears to have changed its Special Panel (aka Motions Panel) so that it's no longer in place for a month.
I think this change is both really important and really good.
(A quick courts 🧵 . . . )
I think this change is both really important and really good.
(A quick courts 🧵 . . . )
January 6, 2026 at 5:03 PM
This is very important news.
Trump v. Anderson was wrongly decided, is my hottest take. And obviously wrongly decided. There.
January 6, 2026 at 3:49 PM
Trump v. Anderson was wrongly decided, is my hottest take. And obviously wrongly decided. There.
Reposted by Raffi Melkonian
Can we get the old #AppellateTwitter band back together & get everyone to post how they pack for oral argument?
January 6, 2026 at 6:08 AM
Can we get the old #AppellateTwitter band back together & get everyone to post how they pack for oral argument?
Reposted by Raffi Melkonian
From five years ago:
January 6, 2026 at 12:41 PM
From five years ago:
Reposted by Raffi Melkonian
I don’t fly to oral arguments, but once, when I got out of the car in the parking garage near the courthouse, I noticed that my tie was no longer draped over my coat on the hanger in the back seat.
(I borrowed a tie from a local PD’s office. Being a PD is like having a branch office everywhere.)
(I borrowed a tie from a local PD’s office. Being a PD is like having a branch office everywhere.)
In the interim, airlines stopped counting a garment bag as a personal item. And apparently SWA has stricter limits so i maybe can’t carry on my big one-fold zegur
January 6, 2026 at 11:20 AM
I don’t fly to oral arguments, but once, when I got out of the car in the parking garage near the courthouse, I noticed that my tie was no longer draped over my coat on the hanger in the back seat.
(I borrowed a tie from a local PD’s office. Being a PD is like having a branch office everywhere.)
(I borrowed a tie from a local PD’s office. Being a PD is like having a branch office everywhere.)
Just a small note from the annals of parental loss, I beg y'all to put together a comprehensive document for your family of where your assets are and how things like that work in your head.
January 6, 2026 at 3:08 AM
Just a small note from the annals of parental loss, I beg y'all to put together a comprehensive document for your family of where your assets are and how things like that work in your head.
The Fifth Circuit's en banc sitting for the end of this month is a sort of a microcosm of the times. 10 commandments mandate, alien enemies act, Texas immigration enforcement, drag shows, guns, a habeas grant, with a little regulatory rollback tossed in.
January 5, 2026 at 11:11 PM
The Fifth Circuit's en banc sitting for the end of this month is a sort of a microcosm of the times. 10 commandments mandate, alien enemies act, Texas immigration enforcement, drag shows, guns, a habeas grant, with a little regulatory rollback tossed in.