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To: PJBankard
"If SCOTUS wasn’t against the Federal Judge Decision on DACA they wouldn’t have taken it up in this manner. They would just let it stand in the court."

Exactly. This is Gorsuch with Alito telling Roberts this can't wait to wind through the Court of Appeals, as it's not just bad precedent, it's not just contrary to all extant stare decisis, but extraconstitutional in that lower courts are substituting judgment for established SCOTUS; and most importantly, these lower court 'decisions' are in direct contravention of Art. 2.

The solution here is to immediately dilute federal court power by doubling the number of courts, and splitting circuits as we are on the precipice of doing with the 9th, thus giving Trump a chance to pack the judiciary.

73 posted on 02/16/2018 12:25:43 PM PST by StAnDeliver (Vive la revolution!)
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To: StAnDeliver
Here is the problem. The last bill to split the 9th Circuit was sponsored by Flake and McCrisis, in retrospect, specifically to prevent the bill from going anywhere.

Western senators seek Trump backing to split 9th Circuit

"Western Republicans are hoping to get President Trump behind the long-standing push to split the 9th U.S. Circuit Court of Appeals into two appellate courts.

Breaking up the 9th Circuit — the most populous and geographically largest of the 13 federal appellate courts — has been a priority for decades for some Westerners, who say judges on the 9th Circuit are overburdened by the caseload, thereby delaying citizens' access to courts and ultimately justice.

"If you look at every single stat, if you're in the 9th Circuit, you get justice later than anyone else," Sen. Dan Sullivan (R-Alaska) said in an interview this week."

Sullivan needs to take possession of a similar bill, and sign on Mike Crapo and Orrin Hatch, maybe name it after Hatch as a going-away present. You get Hatch's name on in as a valediction, and you get a chance at bringing along Feinstein. You get Feinstein, you got Trump naming 40 Western judges in 2 years.
75 posted on 02/16/2018 12:35:46 PM PST by StAnDeliver (Vive la revolution!)
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To: StAnDeliver

Nice thought but it is not going to happen. It needs 60 votes in the Senate and that is not happening. I have been reading about splitting the 9th since the 80s. Nothing has happened and it won’t happen.


85 posted on 02/17/2018 9:23:40 AM PST by Dave W
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