Tag Archives: Judge Thomas B. Griffith

D.C. Circuit Mulls Challenge to NLRB Recess Appointments

From Sam Hananel’s account of today’s oral argument in the NLRB recess appointments case, it sounds like Victor Williams’s political question argument attracted some  attention–at least from Judge Griffith.   Continue reading

Five D.C. Circuit Judges Will Speak at Federalist Society Convention

The D.C. Circuit is showing up in force at the Federalist Society’s annual National Lawyers Convention today through Saturday at the Mayflower Hotel, three stops away from Judiciary Square on the Red Line.  Continue reading

Failed Motion for Summary Judgment Preserves Purely Legal Issue for Appeal

To preserve a purely legal question for appeal, a party need not move for judgment as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure, if she has already moved for and lost summary judgment on the issue.   Continue reading

Note to Arrestees: Get Prosecutorial Promises in Writing

The defendant in In re Sealed Case said the prosecutor promised to release him if he testified before a grand jury about a rival gang member.  The defendant testified as requested, but instead of being released, he was hauled before the district court and sentenced to a term of imprisonment in accordance with a plea agreement he had signed earlier.   Continue reading

Judge Griffith to BYU Law Grads: “Go forth to serve!”

D.C. Circuit Judge Thomas Griffith was the convocation speaker at Brigham Young University Law School on April 20.  The law school reports that in a speech urging graduates to serve others, “Judge Griffith pointed out three great lawyers who exemplified both professional expertise and character: Continue reading

No Honeymoon for Bride-Hunting Taliban Recruit

With notable exceptions, the D.C. Circuit has generally decided Guantanamo habeas appeals unanimously and with brevity.  On Tuesday the court partially unsealed an eight-page opinion by Judge Griffith in Suleiman v. Obama that follows the general pattern. Continue reading

D.C. Circuit on Constitutional Standing: No Shortcuts Allowed

A class of United Airlines customers challenged the airline’s anti-scalping policy as an antitrust violation in Dominguez v. UAL Corp., and the district court granted summary judgment in favor of the airline. Continue reading

One in Three Supreme Court Clerks Has Clerked on the D.C. Circuit

More than one third of the Supreme Court clerks for October Term 2012 will be former D.C. Circuit clerks Continue reading

Judge Griffith to Lecture on “Congress in the D.C. Circuit”

D.C. Circuit Judge Thomas Griffith will deliver the D.C. Bar Administrative Law and Agency Practice Section’s Leventhal Lecture on “Congress in the D.C. Circuit” at an off-the-record luncheon on Tuesday, November 15, at the Howard T. Markey National Courts Building, 717 Madison Place NW. Lunch will be served at 12:00 p.m. in the Benjamin Ogle Tayloe House, and the lecture will follow at 12:45 p.m. in the ceremonial courtroom on the second floor. D.C. Bar members can register for the event here.

Judge Griffith is an engaging speaker, not to be missed.

Judge Griffith: “No member of my court would feel comfortable with the description of the D.C. Circuit as the second most important court in the land. None of us has any idea what that means. But our parents like to say that about us.”

Judge Thomas B. Griffith spoke last Thursday as part of a career lecture series at Brigham Young University, his alma mater. Before and after his career advice, Judge Griffith offered these words about his job on the D.C. Circuit and his path to the law:

About the court:

No member of my court would feel comfortable with the descriptions that the media often uses of the D.C. Circuit. Sometimes in the media it’s referred to as the second most important court in the land. I have no idea what that means. None of us has any idea what that means. But our parents like to say that about us.

About the work of an appellate judge:

[I]f you like reading and if you like writing you’ll love it, because that’s what we spend most of out time doing. . . . If you are an extrovert and enjoy interaction with a lot of different people , you ‘ll be sadly disappointed. I happen to be an extrovert, and so therefore I except invitations to come out and meet people and speak. I enjoy this a great deal. But most of my time is spent by myself reading and writing.

About writing opinions:

I’ve heard Justice Scalia say he typically has five drafts of the opinions that he writes. Judge Kozinski of the Ninth Circuit–the rumor is that he goes through about sixty drafts of opinions. I’m somewhere in between, but I’m a lot closer to Justice Scalia.

About choosing the law:

The job I really wanted growing up–I really wanted to be a minister. I was an Episcopalian. Man, if we [the Church of Jesus Christ of Latter Day Saints] had a paid ministry that’s where I’d be. That’s my first choice. But–dagone it–there really were gold plates, so that sort of limited my options that way. This is clearly a second choice way below that. But for somebody who’s majored in humanities and comparative literature there weren’t too many options.

About quitting law school (He went back):

I’ll tell you why I quit: Because I was really terrified. My classmates just intimidated me to death. I went to BYU and I did really, really well here. I had great grades, I was valedictorian of my college, and I had a lot of self confidence.  I went to the University of Virginia law school, and I felt completely overwhelmed by my classmates, most of whom had gone to Ivy League schools and had done well there. And I just thought, “ah, I just, I can’t . . .” Truth be known, I just–I chickened out.

The BYU student newspaper reports on Judge Griffith’s advice to the current students of his alma mater:

1. Be nice to people. “You never know who the people you deal with now are going to be,” Griffith said.

2. Pay attention to detail. “The good things have all come when I took my time and did the hard work to get the right answer.”

3. Learn to write, think and speak clearly. “Bad news . . . it takes time. Get better at it.”

4. Build the Kingdom. “See if you can find, in your motivation for your work, the Atonement of Christ.”

Judge Griffith graduated from BYU in 1978. He was Assistant to the President and General Counsel of BYU from 2000 until his appointment to the D.C. Circuit.  He is an adjunct faculty member at BYU’s J. Reuben Clark Law School where he teaches a course on Presidential Power.

Video of Judge Griffith’s talk is available here from the David M. Kennedy Center for International Studies.

(Hat Tip: Mitch Staley, Federal Judge Thomas B. Griffith imparts wisdom at David M. Kennedy Center (Oct. 7, 2011))

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