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Ninth Circuit Lifts Injunctions Blocking Trump Admin’s ‘Public Charge’ Rule for Immigrants
Yahoo ^ | 12/06/19 | Zachary Evans ,National Review•

Posted on 12/06/2019 4:39:41 PM PST by blueyon

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To: blueyon; JayGalt; Reagan80; caww; MNDude; cotton1706; House Atreides; gibsonguy; HamiltonJay; ...
Decision by Jay Bybee, Ikuta, and Owens, 9th Circuit Judges, 2-1. Bybee and Ikuta in the majority, and Obama's partisan Owens in the minority, of course.

Jay ByBee (Dubya judge - 74-19 vote in 2003)

Sandra Ikuta (Dubya judge - 81-0 vote in 2006). One of the few Federalist Society judges appointed by Bush.

John Byron Owens (ClownBammy judge - 56-43 vote in 2013)

21 posted on 12/06/2019 5:44:06 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: Moonman62

Yes, that is something that needs to be addressed.


22 posted on 12/06/2019 5:44:36 PM PST by McGavin999 (“Look into it” does not mean dig up dirt, it means find the truth)
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To: ETCM

My understanding is that, with the last confirmation in the Senate, an en banc 9th Circuit hearing would be majority conservative.


23 posted on 12/06/2019 5:49:18 PM PST by Spacetrucker (George Washington didn't use his freedom of speech to defeat the British - HE SHOT THEM .. WITH GUNS)
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To: kiryandil

I read that Judge Bybee graduated from Brigham Young so he is likely a Mormon. Brave of him to support Trump in the face of Mitty’s hostility.

Bybee is retiring at the end of the year so perhaps that gives him some courage.


24 posted on 12/06/2019 5:49:40 PM PST by angry elephant (My MAGA cap is from a rally in Washingon state in May 2016)
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To: blueyon

Now we just have to wait for decisions from the 2nd and 4th circuits.


25 posted on 12/06/2019 5:54:10 PM PST by be-baw
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To: kiryandil

And Jay Bybee moving to senior status to be replaced by Lawrence Van Dyke, likely to be confirmed next week.


26 posted on 12/06/2019 6:04:34 PM PST by cotton1706
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To: Spacetrucker

My understanding is that, with the last confirmation in the Senate, an en banc 9th Circuit hearing would be majority conservative.
*************************************
No, it’s still 16-13 ‘RAT controlled...but we’re getting there. The 9 Clinton appointees on the court are ALL eligible to take Senior Status or retirement at 100% of salary whenever they want.


27 posted on 12/06/2019 6:09:06 PM PST by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: Spacetrucker
My understanding is that, with the last confirmation in the Senate, an en banc 9th Circuit hearing would be majority conservative.

Not yet. They still have a majority 16-13 going by who appointed them. It's actually worse, with a couple of the GWB Judges voting against us frequently. The next two to retire will be GWB Judges. The Clinton Judges are holding on hoping for a Dem POTUS.

28 posted on 12/06/2019 6:12:41 PM PST by ETCM
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To: cotton1706
 thumbs-up thumbs-up
29 posted on 12/06/2019 6:41:23 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: angry elephant
See cotton1706's post #26 for the good news.

This is the eminent jurist that was recently attacked in the Senate.

30 posted on 12/06/2019 6:43:28 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: Spacetrucker

The 9th Circuit is still aware we’d love to spilt their court up.

Never trust them even when they rule correctly. In fact, when they rule correctly, double check all the fine print in their ruling.


31 posted on 12/06/2019 8:33:54 PM PST by Notthereyet (NotThereYet)
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To: ProtectOurFreedom
Why would let let ANY in that immediately go on the dole?

AIDS.

32 posted on 12/07/2019 3:43:52 AM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: Thud
now that the Senate GOP majority ignores blue slips by Democratic Senators.

Except that Linda 2.0 reinstituted that custom.

33 posted on 12/07/2019 3:46:20 AM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: itsahoot

Which begs the question...why would you let anybody with such a disease into the country.


34 posted on 12/07/2019 10:08:55 AM PST by ProtectOurFreedom
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To: blueyon

Some lawyer hear explain why some injunctions affect nationwide but lifting this injunction does not

Please and thank you?


35 posted on 12/07/2019 10:10:24 AM PST by wardaddy (I applaud Jim Robinson for his comments on the Southern Monuments decision ...thank you)
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To: ProtectOurFreedom
Which begs the question...why would you let anybody with such a disease into the country.

We couldn't discriminate that wouldn't be kind. </s>

36 posted on 12/07/2019 11:18:22 AM PST by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: wardaddy
The short answer is that the federal bench has become thoroughly partisan, but one-sided in that only the Democrats do it. And they cheat. District Court (trial) judges are not supposed to issue nationwide injunctions but the Democratic judges started doing so after Trump was elected, and will keep on doing it until the Supreme Court gets around to categorically ordering them to stop. Even then a lot of them will continue.

Basically we need two new constitutional amendments. The first has to throw out all the existing federal judges (the 1/3 most senior immediately upon ratification of the amendment), the next most 1/3 senior two years later, and the rest four years later. Some continuity is needed so replacement judges can learn their jobs from existing one.

IMO that is the only way to break this problem of partisan Democrat judges. It will also terrorize their replacements into behaving themselves.

The second amendment must impose term limits on federal judges. Even Supreme Court Ruth Bader Ginsberg favors that AFAIK. I think she favors a twenty year limit. IMO the limit should be on total service on the federal bench in any capacity rather than 20 years as a District Court judge, then another 20 as a Circuit Court Judge, and finally 20 years as a Supreme Court Justice. I'd make it a flat 16 years total, in any capacity.

Included in the second amendment should be creation of some judge-run system short of impeachment to remove senile, corrupt and misbehaving federal judges. Every state has that and the federal bench needs one too. I doubt there'd be significant opposition to this.

37 posted on 12/07/2019 12:32:30 PM PST by Thud
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