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An 11th Circuit Mar-a-Lago Debrief

The Lawfare Podcast

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Is There a Callous Disrespect Standard?

The court says the callous disregard standard has not been met here and no one argues otherwise. But you made a point about this this morning that I thought was really interesting, which is that the court seems to treat Judge Cannon as almost a litigant in the case. And throughout the opinion, we really see the court grouping cannons arguments and the plaintiff's arguments together. To some extent, that makes sense because of course she was granting their motion,. but at least in my experience with appellate opinions, usually you try and give the district court a little bit more of a benefit of the doubt.

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