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Federal judge says DOJ can't swap out its legal team in census case
CNN ^ | July 9, 2019 | Katelyn Polantz

Posted on 07/09/2019 3:25:44 PM PDT by Trump20162020

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To: CaptainK

Again, it depends on whether or not the branch of government whose power is being usurped doesn’t stand up for itself. I know when people hear phrases like “enumerated powers” and “checks and balances” and whatnot their eyes start to glaze over but, dambit Gumby, The President better get somebody out there who can explain it. At least try to.


21 posted on 07/09/2019 3:47:23 PM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standaurds at all -- Texas Eagle)
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To: CaptainK

Is there anything a Judge can’t do nowadays?

Yes. Be honest and follow the law.


22 posted on 07/09/2019 3:50:54 PM PDT by Pravious
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To: j.havenfarm

No, the judge does not have this authority.

The litigants have the right to choose their attorneys.


23 posted on 07/09/2019 3:54:38 PM PDT by Pikachu_Dad ("the media are selling you a line of soap)
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To: Trump20162020

DJT will put out an EO to put the question BACK on the Census. This case will then become moot because the SOC putting on the question might require the APA to be followed. However, an EO does not have the same requirement and the resistance will be forced to challenge the EO in the 9th district.

They will then force the issue back to SCOTUS and the EO will stand on its own merits. Because the Court has already ruled adding the question is fine. It is just the manner it was added that had Roberts panties in a wad.

And then we will check the box if you are a citizen.


24 posted on 07/09/2019 3:55:23 PM PDT by vg0va3
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To: napscoordinator

Yes a 47-year old judge at that. I give credit to Obama for going youth on majority of his judges. We celebrate that trump gets many 60 year olds appointed. We have zero long term outlook at all.
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I suggest you go in and check the dates of birth of Trump’s judicial appointees.


25 posted on 07/09/2019 3:55:27 PM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: Trump20162020
Why are only sh tlib appointed judges allowed to be cherry-picked as final arbiter?

Because we let them?

26 posted on 07/09/2019 3:55:36 PM PDT by RckyRaCoCo (Please Pray For My Brother Ken)
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To: ought-six

The Court cannot tell a party who it can use as counsel. This judge (an Obama appointee, of course) is waaaaaay out of bounds. When the judiciary becomes political, the rule of law is over. We are pretty much at that stage, and only bad shit can be the result.
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Of course this judge will be overruled... E V E N T U A L L Y. This political judge is engaging in DELAYING TACTICS ... just as the despicable John Roberts did. Delay, delay, delay!


27 posted on 07/09/2019 3:58:34 PM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: Trump20162020

it is extraordinarily rare or even irregular for a court to prohibit a party to change attorneys

this undermines the entire concept of being represented in court...as the judge is forcing a party to continue a case with counsel it does not choose to have representing it anymore

this raises a number of constitutional problems and in all likelihood a higher court would overturn any adverse ruling after a party were forced to proceed with counsel not of its choosing


28 posted on 07/09/2019 4:06:37 PM PDT by faithhopecharity ( “Politicians are not born; they are excreted.” Marcus Tullius Cicero (106 to 43 BCE))
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To: Pikachu_Dad

All I can speak to is California law and 27 years before the bar. Is federal law different?


29 posted on 07/09/2019 4:13:14 PM PDT by j.havenfarm ( 2,000 posts as of 1/16/19. A FReeper since 2000; never shutting up!)
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To: CaptainK
Can a judge tell the DOJ how to handle a case?

If you change lawyers you generally ask for time for the new legal team come up to speed. The judge is saying that there will be no additional time.

30 posted on 07/09/2019 4:26:43 PM PDT by DoodleDawg
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To: ought-six
When the judiciary becomes political, the rule of law is over.

Where have you been for the last ten or twelve years? If not longer?

31 posted on 07/09/2019 4:27:58 PM PDT by DoodleDawg
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To: napscoordinator
Yes a 47-year old judge at that. I give credit to Obama for going youth on majority of his judges. We celebrate that trump gets many 60 year olds appointed. We have zero long term outlook at all.

I will never understand where people get this kind of bad information from.

The median age of President Trump's Circuit Court nominees is 49. This is younger than the median age of the Obama nominees (53). It's also younger than the median age of any of the past 5 presidents.

As for District Court judges, many of Trumps nominees are in their late 30s or early 40s. The media and the left were just freaking out about how: "TRUMP PUT THE YOUNGEST JUDGE EVER ON THE FEDERAL BENCH!"

https://www.buzzfeednews.com/article/zoetillman/donald-trump-youngest-judge-allison-rushing

32 posted on 07/09/2019 4:30:00 PM PDT by TexasGurl24
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To: faithhopecharity
it is extraordinarily rare or even irregular for a court to prohibit a party to change attorneys

The administration has been hoisted on its own petard. Having claimed for months that an early decision is vital in order to get the forms printed they are now wanting to change lawyers and get months more to bring the new team up to speed. The judge it telling them to stick with their original story.

33 posted on 07/09/2019 4:30:17 PM PDT by DoodleDawg
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To: DoodleDawg

thanks.
and still, denying a party its choice of counsel... and forcing it to proceed with counsel not of its choice....
raises serious constitutional and procedural issues

nevertheless..

(from what i can gather, the administration is going ahead with its version of the census forms anyway, court or no court, at this point.. per Attorney General Barr’s determination of legality.. which seems quite correct imho... we will see...)


34 posted on 07/09/2019 4:37:19 PM PDT by faithhopecharity ( “Politicians are not born; they are excreted.” Marcus Tullius Cicero (106 to 43 BCE))
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To: House Atreides
This political judge is engaging in DELAYING TACTICS

That is the only arrow left in their quivver. The Constitutional issue has been settled and they can only throw rocks at the procedure gears. Their next step will to try to get the House to prevent the Administration from spending any money on putting the question on the Census. I think that such a move would also require action of the Senate as well, so they will try to say that it's a new funding requirement and can't proceed without Congress approval.

This is all good. The American people approve of the question and they are watching what the Democrat fools are doing.

35 posted on 07/09/2019 4:41:43 PM PDT by centurion316
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To: Trump20162020

Obviously the Judge has disqualified themselves from ruling on this case.


36 posted on 07/09/2019 4:42:16 PM PDT by justa-hairyape (The user name is sarcastic. Although at times it may not appear that way.)
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To: faithhopecharity
and still, denying a party its choice of counsel... and forcing it to proceed with counsel not of its choice.... raises serious constitutional and procedural issues

It may be grounds for appeal but it is well within the power of the judge to order a case to proceed. And if that means with lawyers that the defendant wants to replace then so be it.

(from what i can gather, the administration is going ahead with its version of the census forms anyway, court or no court, at this point.. per Attorney General Barr’s determination of legality.. which seems quite correct imho... we will see...)

Ignoring the Supreme Court much less an appeals court is a risky tactic. It's a tailor made issue for the Democrats in the campaign and they can speculate what other issues Trump would ignore if the courts rule against him.

37 posted on 07/09/2019 4:43:47 PM PDT by DoodleDawg
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To: All

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Old Lawyers are Deep State for the Block.

They want Judge to help them block Trump.


38 posted on 07/09/2019 4:45:09 PM PDT by AnthonySoprano
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To: Trump20162020

Did SCOTUS rule when Obama removed the citizenship question?? What was his stated reason?


39 posted on 07/09/2019 4:45:42 PM PDT by elpadre (AfganistaMr Obama said theoal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: Trump20162020

That won’t stand


40 posted on 07/09/2019 5:11:05 PM PDT by Nifster (I see puppy dogs in the clouds)
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