“Can someone check in on Judge Wilkinson? Because the conservative legal movement luminary appears to be having a moment,” wrote Joe Patrice in his latest piece for Above the Law
J. Harvie Wilkinson III is a Reagan-appointed Judge on the Fourth Circuit Court of Appeals. The 80-year-old has sat on the court since 1984.
He has a long track record of siding with conservative ideals, including criticizing rulings establishing abortion rights, and in 2002, he approved the commander in chief's broad conception of presidential power.
However, Patrice points out Judge Wilkinson “seems to be asking — maybe himself, maybe the universe — 'Is this enough'” in his latest rulings.
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In a South Carolina insurance dispute, the outlet’s senior editor claimed Wilkinson took the case, “on a three-paragraph journey into a dorm-room philosophy session gone rogue.”
“A case but a speck in the recesses of interstellar space and in the four-plus billion years since our solar system’s birth,” the judge wrote.
“Buddy. It’s a South Carolina insurance dispute, not the Voyager Golden Record,” Patrice opined.
Another case where the notoriously conservative judge handed down a shocking ruling was the Kilmar Abrego Garcia case.
“The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans, far removed from courthouses, still hold dear,” Wilkinson wrote.
“Perhaps standing at the edge of legal authoritarianism and staring into that void has left him pondering life, death, and 14-point Times New Roman,” joked Patrice.
However, his latest opinion, Wilkinson allegedly “contemplates the mortality of man, the meaning of justice, and then affirms the district court’s ruling that the insurer owes nothing more under the contract.”
“To be human is to live in the here and now. This small case extracts courageous meaning from the vast impersonality in which it resides. Its immediacy confounds infinity; its passions light the dark,” he wrote.
“Somewhere, a law school gunner just got that tattooed on their chest,” Patrice wrote. “Are you there, God? It’s me, Harvie.”
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