Posted on 10/05/2004 12:56:59 PM PDT by SmithL
Unless the Senate takes action on this BEFORE the next congress is seated (after this November's election), you can forget about this happening. The arrogant Senate will once again slap down the House & tut-tut about them staying in their place.
As ridiculous as your question reads, that is exactly what they've done to any other congressional vote they didn't like, so I too wonder if they could do that.
In the 19th century.
district = circuit. I should know better.
I wonder if sKerry and Breck girl will show up to vote on this one if it makes it to the floor of the Senate.
"so I too wonder if they could do that."
The answer is no!
Congress has control over the lower courts.
The 9th Circuit has no say if the proposal passes.
Great news for the other states.
I'm a lawyer in California (LA) and this is absolutely fabulous news. Sorry, NJ gent, but the 9th Circuit, primarily because of California's dominance and pernicious influence, is insanely leftist (huge reversal percentage in the USSCt) and the laughingstock of the federal judicial system. (Actually, the 2nd Circuit in NY is bad, but still not even close to the 9th.) Judge Stephen Reinhardt, husband of LA ACLU head Ramona Ripston and a proudly declared judicial activist, has taken over the California contingent of the 9th Circuit, so essentially taken over the whole court. The results are there to see.
Getting the Rocky Mountain states away from California and Hawaii is HUGE. However, this has been floated before, without success, and we still need to get it through the Senate. Still, a great, great development. The HOUSE is ROCKIN!!
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I assume the Senate will smack it down, though.....
Unless they go to work one day and find the bench gone.
The new court should be physically moved to somewhere else...... San Diego for instance.
!!!!!PING!!!!!
Thank God the GOP is finally doing something GOOD! The 9th Circuit has made a mockery of our court system for years.
I pity you Californians and Hawaiians, tho.
The Ninth Circus has entirely too heavy a load anyway....
Now they can concentrate exclusively on all the fruitcake cases that come before them.
Excellent idea, but also in the article...
However, the measure, which passed by a vote of 205-194, was not expected to become law because of strong opposition in the Senate.
Can Democrats filibuster this, too, or are our Senators really this dumb?
About time the 9th gets 'smackies' administered to it.
It's a joke among courts that there's no difference between the 9th circuit court and a circus.
What a pleasant surprise! :)
WRONG! arggghhh!
Falling on sword now.........
Can Kerry remember where the Senate is?
Friday September 3, 2:59 am ET - Gary Young, The National Law Journal
It's been going on for so long, it's become something of a ritual. The 9th U.S. Circuit Court of Appeals issues a controversial decision, causing much gnashing of teeth and pulling of hair among members of Congress, who rush to declare that they've finally had it and are going to split up the circuit.
And then nothing happens.
The 108th Congress will probably be no exception. Although three circuit-splitting bills have been introduced, their sponsors concede that there is little likelihood of passage before year's end and the start of a new Congress.
But there are signs that Congress' interest in a division of the circuit is moving beyond mere rhetoric.
As noted elsewhere, consensus seems to be that this is a non-starter in the Senate for a variety of reasons.
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