How can Smith appeal— the judges decision indicates he is not in an official capacity to do so, legally and Constitutionally, in concurrence with SCOTUS member Clarence Thomas.
He’s done and any case is done. The WSJ is full of crap! on this. Not possible.
And, parenthetically the appeal would go to the 11th Circuit whose director judge decided to eliminate all the lawfare complaints generated by Andrew Weissman and a slew of his pals- almost 1K of them against Judge Cannon. His direction- we will not review ANY complaint filed—staff should send no letters of reply and direct the complainers to the 11 Circuit website.
WSJ has done a crap job and partisan in describing and speculating on what could happen. It won’t. Done.
But that's the very decision he'd be appealing.
“How can Smith appeal— the judges decision indicates he is not in an official capacity to do so, legally and Constitutionally, in concurrence with SCOTUS member Clarence Thomas.”
that sounds about right ... it would seem only Merrick Garland, who made the appointment, would have standing and position to appeal ...