Ryan D. Nelson
How Judge Nelson rules, drawn from 49 signed orders. Every observation links to the order it came from.
How Judge Nelson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He begins statutory interpretation with contemporaneous ordinary meaning and reinforces it by reading related uses of the same word consistently across the statute.
“These dictionary definitions show that the ordinary meaning of ‘scheduled’ was to include something on a literal schedule.”
In free-exercise cases, he treats a favored secular comparator as defeating general applicability when religious objectors are denied an equivalent accommodation.
“If the secular category of ‘firefighters from neighboring departments’ is exempt from Spokane’s policy, then the Free Exercise Clause mandates that religious objectors be granted equivalent accommodation.”
He does not treat a statute's statement of purpose as an independent grant of executive power and looks instead for authority in the operative provisions Congress enacted.
“For these reasons, we conclude that § 101 is not a source of the President’s authority. We must find that authority, if it exists, in other operative sections of the FPASA.”
Procedural preferences
He treats a superseded complaint as a legal nullity and will dismiss an interlocutory appeal as moot rather than rely on efficiency to reach a nonoperative pleading.
“But the complaint challenged on appeal is a legal nullity even if much like the operative complaint. Efficiency is no basis to provide appellate jurisdiction over an appeal that is moot.”
For inventory searches, he focuses on whether police lawfully separated the property from its owner and retained custody, not on whether the owner was ultimately taken to jail.
“Here, the lawfulness of the initial separation of Sapalasan from his backpack is unchallenged, so the justification of an inventory search does not depend on whether he was headed to jail.”
In bankruptcy appeals, he defines finality by the complete adversary proceeding rather than a single legal issue and avoids immediate review when a factfinding remand could produce a second appeal.
“Any order can finally resolve a proceeding if the proceeding is sliced thin enough. Cabardo Appellants attempt to slice the proceeding down to a single legal issue. That goes too far.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The district court properly dismissed the City's claims because the City lacks standing and the claims are barred by the Eleventh Amendment. AFFIRMED.”
“AFFIRMED in part REVERSED in part.”
“This appeal is DISMISSED as moot.”
“The judgment of the district court is AFFIRMED.”
“Because Mr. Diaz-Torres has not met his burden of demonstrating that he is a member of a particular social group, the petition for review is DENIED.”
“PETITION FOR REVIEW DENIED.”
“AFFIRMED.”
“DISMISSED AS MOOT.”
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