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Obama loses Merrick Garland battle — but reshapes federal courts for decades to come
washingtontimes.com ^ | Dec. 25, 2016 | Dave Boyer

Posted on 12/26/2016 11:09:50 AM PST by PROCON

President Obama has reshaped the federal courts for decades to come with a record number of women and minorities appointed to lifetime judgeships, despite losing his high-profile battle over the U.S. Supreme Court this year.

Of the more than 340 judges nominated by Mr. Obama and confirmed by the Senate, about 42 percent are women, 19 percent are black and 11 percent are Hispanic — more female and minority appointees than any other president. Mr. Obama also has appointed at least 11 federal judges who are openly gay, another record.

Along the way, the president has turned nine of the 13 key federal appeals courts into majority-Democrat courts. When he came into office in 2009, only one of the circuit courts was majority Democrat.

“That’s a huge impact,” said Carrie Severino, chief counsel and policy director at the Judicial Crisis Network, a conservative legal group. “Typically, we see over eight years that a president will have a chance to replace a third of federal judges, and that was just what Obama did. And he was very strategic in how he did that.”

Although Senate Republicans blocked Mr. Obama’s nomination of Judge Merrick Garland to replace the late Justice Antonin Scalia on the Supreme Court, the circuit courts handle much larger caseloads overall. Mr. Obama’s impact is already clear.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Chit/Chat; Politics; Society
KEYWORDS: diversity; federalcourts; liberalism; obama
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Of the more than 340 judges nominated by Mr. Obama and confirmed by the Senate, about 42 percent are women, 19 percent are black and 11 percent are Hispanic — more female and minority appointees than any other president. Mr. Obama also has appointed at least 11 federal judges who are openly gay, another record.

And there is the true 0bama legacy; diversity and identity matter more than judicial excellence.

1 posted on 12/26/2016 11:09:50 AM PST by PROCON
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To: PROCON

Has he officially lost the Garland battle?


2 posted on 12/26/2016 11:13:09 AM PST by ColdOne (( I miss my poochie... Tasha 2000~3/14/11~ Trump should get a Russian Wolfhound for first pet in WH.)
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To: PROCON

“And there is the true 0bama legacy; diversity and identity matter more than judicial excellence.”

So true. The damage to the United States that this petulant man-child has sown is incalculable.


3 posted on 12/26/2016 11:14:32 AM PST by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: ColdOne

He also holds the record for the most judicial vacancies of any president. He’s left a whopping 102 vacancies on the various benches and Trump gets to fill them all.


4 posted on 12/26/2016 11:15:46 AM PST by lafroste (Look at my profile page. Thanks.)
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To: ColdOne

I keep hearing rumors of a Garland Recess Appt. but haven’t heard much else. Personally, I won’t stop worrying until Inauguration Day.


5 posted on 12/26/2016 11:21:38 AM PST by PROCON (Onto the Great American Rebirth!)
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To: PROCON

Because light reflectivity, plumbing and who you boff are the keys to diversity.


6 posted on 12/26/2016 11:23:28 AM PST by Uncle Miltie (Higher Taxes, Less Freedom, More Bureaucracy! What could possibly go wrong?)
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To: PROCON

Trump should create a team...a task force...committed to one thing; keep tabs on these judges daily and gather data on them. Gather data on every one of their decisions. They could send reports of note to Trump. When evidence of incompetence or misdeeds is uncovered, get rid of them and appoint more mainstream, conservative judges. I’d gladly see my tax dollars used for such a cause.


7 posted on 12/26/2016 11:31:33 AM PST by Bloody Sam Roberts (The future doesn't belong to the fainthearted. It belongs to the brave. - - Ronaldus Magnus Reagan)
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To: PROCON

How did he have 340 to nominate ? Ole Bush sitting him up ? Personally I would threaten a bunch of the to resign or else. If President.


8 posted on 12/26/2016 11:31:53 AM PST by Carry me back (Cut the feds by 90%)
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To: Bloody Sam Roberts; Amendment10; henkster

We have several smart lawyers here on FR; I wonder if a Congressional majority can’t outright impeach for judicial activism or whatever?


9 posted on 12/26/2016 11:37:52 AM PST by PROCON (Onto the Great American Rebirth!)
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To: Bloody Sam Roberts
get rid of them and appoint more mainstream, conservative judges.

The only way to remove the judges in question would be impeachment and removal, and unless the GOP gets a supermajority in the Senate, the removal part won't happen.

10 posted on 12/26/2016 11:46:15 AM PST by dirtboy
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To: PROCON

with such exceptions, and under such regulations as the Congress shall make.

Article III Section 2


11 posted on 12/26/2016 11:54:01 AM PST by spintreebob
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To: PROCON

Same here. Don’t trust any of them.


12 posted on 12/26/2016 11:54:57 AM PST by ColdOne (( I miss my poochie... Tasha 2000~3/14/11~ Trump should get a Russian Wolfhound for first pet in WH.)
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To: ColdOne; Cboldt

Can anyone shed light on if Obama can still recess appoint Garland? Congress was in pro-forma session through the 23rd so i dont think they are technically in session. New Congress is sworn in the 3rd of January so thats the outer edge of the 10 day recess window. Not sure if holidays and weekends count for the 10 days.


13 posted on 12/26/2016 12:02:49 PM PST by usafa92 (Donald J. Trump, 45th President of the United States.)
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To: usafa92; Cboldt

That is when he did his labor board nominee during that time a year or so ago. Why wouldn’t he push Garland thru too? Court ruled that was illegal....yet we still have a labor board.


14 posted on 12/26/2016 12:09:32 PM PST by ColdOne (( I miss my poochie... Tasha 2000~3/14/11~ Trump should get a Russian Wolfhound for first pet in WH.)
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To: dirtboy
and unless the GOP gets a supermajority in the Senate

...and some cajones!

15 posted on 12/26/2016 12:11:34 PM PST by GoldenPup
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To: PROCON
record number of women and minorities

Women and minorities hardest hit.
16 posted on 12/26/2016 12:23:31 PM PST by Organic Panic (Rich White Man Evicts Poor Black Family From Public Housing - MSNBCPBSCNNNYTABC)
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To: PROCON
The only good news relating to Hussein's 340 judges nominated is that Dingy Harry established the Nuclear Option to get ‘em passed!

McConnell can now use the same Nuke Option to get Trump's judges through!

17 posted on 12/26/2016 12:33:25 PM PST by TRY ONE (I never got the memo changing the name of Global Warming to Klimate Change)
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To: PROCON

“Of the more than 340 judges nominated by Mr. Obama and confirmed by the Senate, about 42 percent are women, 19 percent are black and 11 percent are Hispanic”

Why should this matter?
If they follow the law then it doesn’t matter what color or sex they are. They’re good judges

If they don’t follow the law then it doesn’t matter what color or sex they are.
They’re bad judges.


18 posted on 12/26/2016 12:48:06 PM PST by Personal Responsibility (We need a separation of press and state!)
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To: PROCON

And 100% are anti-Christian marxists.


19 posted on 12/26/2016 1:33:41 PM PST by rhinohunter (Dear Mr. Trump: I'm still not tired of winning)
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To: PROCON
can’t . . . a Congressional majority . . . outright impeach for judicial activism or whatever?
IANAL but the answer would be yes - a bare majority in the House can impeach, but it takes a 2/3 vote in the Senate to convict of “high crimes and misdemeanors.”

But, for the lower courts, there is a loophole - in contradistinction to the Supreme Court, the lower courts are creatures of Congress. And as such, they can be changed by Congress - thus can be destroyed by Congress, and created by Congress.

But I wouldn’t get too excited over that possibility; it just isn’t done.


20 posted on 12/26/2016 2:49:22 PM PST by conservatism_IS_compassion (The idea around which ‘liberalism’ coheres is that NOTHING actually matters except PR.)
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