Generally, workplaces are not static. Over time, leaders with different styles come and go. Organizations are restructured. Workers who do not work out will leave, or are asked to leave. New blood is brought in to reinvigorate the organization. And, if the workplace is failing, eventually, the organization itself may become defunct.
These rules do not apply to the federal courts of appeals. Their membership is largely static. New judges are added on an infrequent basis, while senior judges tend to stick around. There are no leaders. (No, the chief judge does not count). Every member of the court has an equal vote. And, with rare exception, judges who are unhappy remain ensconced in their life-tenured sinecures. Finally, federal courts cannot be abolished--well, they probably can't be abolished. These unique dynamics of the federal courts of appeals make interpersonal relationships very different than in traditional workplaces.
These principles came to mind when I read a recent Fifth Circuit decision, Sambrano v. United Airlines. The all-Texas panel includes three prominent conservative judges appointed by three presidents over the course of three decades: Judge Jerry Smith, appointed by President Reagan; Judge Jennifer Walker Elrod, appointed by President W. Bush; and Judge Andy Oldham appointed by President Trump. The case involved a hot-button issue: could a private employer require employees to be vaccinated. The legal issue was somewhat mundane: could a federal court issue a preliminary injunction in a Title VII case? (I wrote about that question here).
