Original Jurisdiction
Original Jurisdiction
The Great ‘Concurrer’: Judge Kevin Newsom
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The Great ‘Concurrer’: Judge Kevin Newsom

The Eleventh Circuit jurist describes his path to the bench, an appellate judge’s proper role, the hiring (and feeding) of law clerks, and the use of AI in judging.
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Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.

Here’s a trivia question for devotees of Original Jurisdiction: excluding Supreme Court justices and Judge Aileen Cannon, who has been most frequently recognized in these pages as Judge of the Week? It’s a tie between a pair of four-time honorees: Judge James Ho (5th Cir.), whom I’ve previously interviewed, and Judge Kevin Newsom (11th Cir.)—my latest guest on the Original Jurisdiction podcast.

This month marks the seventh anniversary of Judge Newsom’s appointment to the U.S. Court of Appeals for the Eleventh Circuit. And although seven years is not a long time by the standards of judicial service, Judge Newsom has already developed a national reputation as one of the sharpest thinkers and writers on the federal bench.

How has he put himself on the map? Many of history’s most celebrated jurists have done so through dazzling dissents, such as Justice John Marshall Harlan, often called “The Great Dissenter,” and Justice Antonin Scalia.

But Judge Newsom has done so through a more unusual vehicle: the concurrence (including the occasional self-concurrence, i.e., a concurrence to his own majority opinion). In a series of thoughtful and scholarly concurrences, he has tackled some of the messiest doctrinal areas and knottiest problems in American law, including standing, nondelegation, complex First and Second Amendment issues, the burden-shifting analysis of McDonnell Douglas v. Green, and jurisdiction under Bell v. Hood.

Judge Newsom and I discuss why he writes these concurrences—plus Justice Elena Kagan’s critique of superfluous concurrences, how to hire great law clerks (and feed them to the Supreme Court), and the potential utility of AI for originalism—in the latest episode of the Original Jurisdiction podcast.

Show Notes:

Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.

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Judge Kevin C. Newsom (courtesy photo)

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Original Jurisdiction
Original Jurisdiction
Original Jurisdiction, a podcast about law and the legal profession, features host David Lat interviewing some of the most interesting, influential, and important people in the world of law. It's the companion podcast to Lat's Substack newsletter of the same name. You can follow David on Twitter (@DavidLat) or email him at davidlat@substack.com, and you can subscribe to his newsletter at davidlat.substack.com.