1/ FWIW, I think this dynamic in a slightly different space also points to one reason that I'm so uncomfortable with scholars having a side-hustle in litigation. https://twitter.com/jdmortenson/status/1279142455791751171

2/ The point of tenure and strong norms around academic freedom is that I only have to think about whether I think what I'm saying is right. I don't have to think about whom it might piss off.

3/ I generally don't write about the courts, but I'm rare among law profs in that regard--and even I write about them with some regularity.

4/ And anyone who writes about courts with any honesty will have to, with some regularity, point out that various judges are wrong, often egregiously so. And indeed, many scholars, if they're being honest, will find themselves making arguments that judges, as a class, won't like.

5/ Obviously, one would hope that judges wouldn't care about what a scholar said qua scholar if that scholar happens to show up qua litigator.