Not with a bang but a whimper

The Second Circuit has now shut down the circus it brought to town.  It denied Judge Scheindlin leave to appear. It reaffirmed its order assigning a new trial judge, but the appellate judges took much of the sting out of the earlier order. See here and here. Indeed, at one point, they acknowledged that Judge Scheindlin is “a long-serving and distinguished” district judge. However, the appellate judges didn’t have the decency to apologize to Judge Scheindlin. That would be asking too much I suppose.

These opinions by Judges Jose Cabranes, Barrington Parker and John Walker trying to gracefully extricate themselves from the debacle they created reminds me of T.S. Eliot’s concluding lines in the poem aptly titled The Hollow Men:

This is the way the world ends
This is the way the world ends
This is the way the world ends
Not with a bang but a whimper.

© T S Eliot. All rights reserved

RGK

PS.  Special thanks to John Hawkinson.

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