Posted on 04/26/2017 8:31:36 PM PDT by Innovative
President Donald Trump said on Wednesday that he is considering splitting up the U.S. Court of Appeals for the Ninth Circuit after its recent rulings that have blocked two of his executive orders.
"There are many people that want to break up the Ninth Circuit. It's outrageous," Trump said to the Washington Examiner in an interview at the White House. "Everybody immediately runs to the Ninth Circuit. And we have a big country. We have lots of other locations. But they immediately run to the Ninth Circuit. Because they know that's like, semi-automatic."
(Excerpt) Read more at time.com ...
The thing that really irks me about all of this is that it is EXACTLY what conservative justices should have been doing for the past 8 years as Obama ripped our country into shreds. Only Hannon in Texas had the cojones to put up any obstacles for Obama as he systematically destroyed the Constitution. Instead, everyone just looked the other way and hoped “the historic first black president” would be gone soon.
FDR’s 1937 attempt to pack the SCOTUS failed. There was no similar controversial attempt to pack the lower federal courts.
now, ultimately, he did place an incredible number of boot licking judges in all levels of the federal courts, but that was a product of the fact that he was in office for 20 years.
If you look at the map, you could be fairly creative in how you play this out. Trump could say to add two additional courts (not just one). The current Ninth Circuit Court could be assigned to only Hawaii and California. If you really wanted to mess with the current members of the 9th....who all live out of the San Fran area....move the 9th to Idaho, and give them Montana, Idaho and Washington to manage.
My guess is that the members of the 9th will challenge anything that Trump does...in court.
A smaller 9th will still be a magnet for Trump challenges. Divide into a 9th and 10th and reassign all the Seattle/SanFran lib judges to Winnemucca/Walla Walla/or any backwater USA. Make them commute or quit.
FDR did NOT pack the court. He just tried to.
It should also be considered that it will take Congressional action to do anything to any federal court.
There is no question that only Congress can do anything with the federal courts.
It’s great for President Trump to have such wonderful thoughts....but, when is he going to surround himself with people that actually implement his policies...?
We’ll see what if any real action is taken on this matter.
President Trump has said or implied a multitude of opinions on numerous topics since inauguration.
Now that the wall is a ‘maybe’, I don’t know what to believe.
I think it will occur in this administration, but I’m nowhere as sure about that as I used to be.
“Divide into a 9th and 10th and reassign all the Seattle/SanFran lib judges to Winnemucca/Walla Walla/or any backwater USA. Make them commute or quit.”
I like your suggestion. I hope Trump and his people read it too and implement it.
Have faith.
Trump didn’t get to where he is by being stupid.
But it’s not easy navigating all the political landmines.
None of this bothers me. Trump has already pushed the bounds of presumed possibility well beyond, ummm, the bounds of presumed possibility. He’s doing great! He’s an engine of innovation! He’s something new, and frankly, better than we deserve.
Do I need to add ... ? I’m 100% behind him!
In all candor, the constitution is completely dead today in 2017. There is not a single branch of government that actually observes it. And no political element in DC feels constrained by it, much less feels obligated to cherish it.
It is only occasionally brought out for use as a weapon or a pretext. Basically as an alinskite tool they use to try to force conservatives to live up to.
We have reached a point that defeating them matters more. Sad to say, but it’s reality.
Look at taxes. Imminent domain. Mass domestic spying by our military. For fun show me where a CIA is authorized. Or a the modern abuse of the Commerce clause. Or a national dept of education.
2nd amendment restrictions. Search and seizure rules from DHS and a dozen other agencies. The federal reserve is blatantly unconstitutional. The list goes on.
You are correct in your point. But also nothing on the constitution allows a fed judge to rule on laws. That was simply a power grab by the court in Marbury vs Madison.
Something has to be done. Today on anything Trump does, one of the 2758 federal judges simply forbids it. My understanding was that a federal judge also does not have unlimited nationwide jurisdiction.
If this is not dealt with, we might as well pack up and go home.
Nothing can proceed if any one of the 2758 judges can simply overrule everything.
Also, does anyone remember Obama and Hillary simply flipping the finger to any court issuing an order they didn’t like? DACA case visas was one. Email gate was one. They list goes on.
The only parts of the Constitution that stand are numbers: every second year, sole power, two senators from each state, two-thirds vote, etc. All else is mere judicial whim.
I used to be very opposed to it, but heard Levin in a lucid moment explain how it’s already dead and that an article V is the only way to get it back.
I agree with you.
“They are the laughingstock of the country. Today, in a room full of Governors the 9th was mentioned and the room broke out in laughter”
They are, but you know, thus far, they’ve gotten away with anything they wanted to. So what I want to see is a plan that can legally work that will accomplish the need to essentially shut them down. The real problem Trump has is this “bucket of cocks” we call the Congress. They could pass legislation that would effectively neuter the Federal Judiciary as regards Trump’s immigration EO’s and ditto for the money cutoff for sanctuary cities. He must strangle the judges first, then strangle the sanctuary cities. If his administration continues to be shutdown by Liberal Federal Judges, he may just as well go down to Mar-a-Lago and play golf for the next three years and nine months.
“A smaller 9th will still be a magnet for Trump challenges. Divide into a 9th and 10th and reassign all the Seattle/SanFran lib judges to Winnemucca/Walla Walla/or any backwater USA. Make them commute or quit.”
Good post! Now, how does Trump get a “Republican” Congress to act? That’s where the rub is.
Welll...
...Trump did use the term “semiautomatic” in reference to the Ninth, so...apropos and all that.
DO IT !
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