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To: AmishDude
Then apparently you have no right to criticize the court, is that it?

No, you have full right to criticize it. Most Americans just dont want morons to decide it for them. Too often it seems that way now. Add a few morons to the court without any understanding of the law and a few religious wingnuts and there will be nothing left to criticize. Our country will cease to exist. The courts will become super legislatures run by Ayatollahs Dobson and Robertson.

And which case law? There are hundreds of thousands of cases in the US. Do we take the good ones or the bad ones? Are 9th circuit cases OK, or do we throw them out in favor of the wisdom of Judge Greer?

So you agree? You are a moron. 9th circuit cases dont have any precedent value anywhere except in the 9th circuit and those cases usually get reviewed very quickly by the SCOTUS because the 9th circuit usually gets it wrong.

265 posted on 10/22/2005 12:59:07 PM PDT by Dave S
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To: Dave S; AmishDude
those cases usually get reviewed very quickly by the SCOTUS

And overturned....I believe about 90% of the time.

266 posted on 10/22/2005 1:27:42 PM PDT by nicmarlo (.)
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To: Dave S; AmishDude
It's not 90%....numerous cites claim ~76%....but I found comments, such as what follows, more interesting, actually:

Much Ado About the 9th Circuit

According to constitutional law expert Akhil Reed Amar, writing in FindLaw: "In each of the past six years, the Ninth Circuit averaged between 1.5 and 2.5 [Supreme Court] Justice-votes per case [it reviewed]," writes Amar. "Indeed, when the Ninth Circuit is reversed, it is more often than not reversed unanimously!"

Amar points out that the opinions written by 9th Circuit Judge Stephen Reinhardt, who joined Judge Alfred Goodwin in the 2-1 majority Pledge decision, have "alone been reversed by the Supreme Court unanimously an unbelievable five times in a single Term."

Others who follow the 9th Circuit closely argue that the court’s reversal rate this Supreme Court Term was actually an improvement on prior years. In 1997, the High Court took up 28 cases from the 9th Circuit and reversed 27 of them -- nearly two-thirds of which were unanimous opinions. Part of the "improvement" may be attributed to Supreme Court Justice Sandra Day O’Connor, who several years ago urged the 9th Circuit to better its track record by reviewing more of its own cases with its 11-judge en banc panel.

and see:

Media Matters - Most Selective "Watchdog" (12/24/2004)

Of the 79 cases the Supreme Court decided this past term through published opinions, 68 arose from the federal appellate courts, two from the federal district courts, and nine from state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 54 of the 68 judgments arising from the federal appellate courts (or 79%), zero of the two judgments coming from the federal district courts (or 0%), and six of the nine judgments issued originally by state courts (or 67%).

Notably, 9th Circuit rulings constituted about 32 percent of both the cases (25 of 79) and the reversals (19 of 59) the Supreme Court decided by written slip opinions this term.

In addition, the 9th Circuit was responsible for nearly half (43%, or 10 of 23) of the High Court's unanimous reversals that were issued through published opinions. Thus, on the whole, 9th Circuit rulings accounted for three times more reversals this past term than all the state courts across the country combined and represented more than a third of the overturned judgments (36%) of the federal appellate courts.


268 posted on 10/22/2005 1:49:47 PM PDT by nicmarlo (.)
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To: Dave S
You are a moron.

Ah, a graduate of the Dale Carnegie school.

9th circuit cases dont have any precedent value anywhere except in the 9th circuit

Case law is case law.

and those cases usually get reviewed very quickly by the SCOTUS because the 9th circuit usually gets it wrong.

But, but, but, they are qualified. Surely their decision must be right. And unless you are qualified, you must not second guess them. Of course, the problem is that qualified people seem to disagree, how is that possible? They're qualified! Case law, stare decisis and all that jazz.

272 posted on 10/22/2005 5:31:21 PM PDT by AmishDude (If Miers isn't qualified, neither are you and you have no right to complain about any SC decision.)
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