Posted on 02/29/2020 9:05:37 AM PST by chief lee runamok
You win the internet today!
This smoke begs the question of what the fire is...?
This could be a big deal, something appears to be up....
Panicked by the coronavirus.
“Conservatives have been close to winning in court for a half a century.”
We are discussing the 9th CC. The current spread is 16 Dem and 13 Rep. My understanding is there are in the process enough Rep appointees to swing the Court from D to R.
This is the first Republican President to SERIOUSLY make the effort to turn the Courts back to the straight and narrow after so many yrs of allowing for the Leftward drift.
So let’s see what happens in the next several yrs before we give up as you seem to have done.
The 9th circuit is still 16 D appointed to 13 R appointed. The senior judges, who can hear cases & vote on 3 person appeals but not en banc judgements, are 11R 9D.
I have never understood why people are calling the 9th circuit flipped. The last 4 who moved to senior circuit were Bush appointees and they may have flipped the senior circuit. The oldest senior judge, drawing full salary is 97. There are 4 more in their 90’s; 8 in their 80’s.
POTUS has appointed 10 9th circuit judges so far. Clinton - 9 still in service. GWBush 3 in service, Obama 7 in service.
That is my question, too.
I don't see what process remains for the Ninth Circuit panel of three judges to perform. And yet, they seem to be asking for filings. The reports all seem consistent with the idea that the three judge panel made a decision, announced it, and then within hours changed their minds. I'm no expert but I am not aware of any process for "changing one's mind".
I'm also not aware of any process to force the panel to change their minds, except by being over-ruled by a larger en-banc panel of Ninth Circuit judges or by the Supreme Court.
I believe that the Supreme Court has assigned one of their Justices to each Circuit Court of Appeals to consider emergency cases. That Justice can decide to bring a case to the attention of the Supreme Court and get a quick decision on whether to hear it on an emergency basis.
I think Kagan is assigned to the Ninth Circuit. I don't see her helping Trump in any way. Even if Kagan wanted to help Trump, I don't think the process involves arm-twisting a Circuit Court panel.
I think we will be hearing more about this soon. It does seem very unusual.
I suspect some informal polling amongst other 9 circuit judges told them that an en banc decision would stay the order. One way or the other, there was some serious backroom politics that went into this flip flop.
No we didn’t, the FULL COURT still has a majority of lying liberal pukes.
IIRC, it was 2-1 original ruling.
They ruled this is different. They keep making up crap.
Not giving up on the President. IMO we put way too much importance on appointees when that is really never going to solve the problem. We have been burned repeatedly by supposed conservative judges. Like I said when the chips are down you can count on the courts to side with the leftists and that is never going to change. There are many many republicans that think if we can get one more conservative judge on SCOTUS that they would overturn roe v wade, nope never happen. Even kavanaugh has been a bit of a disappointment. Remember when republicans were touting the great conservative white knight John Roberts? How did that work out for us? So all those conservative appointments being made by President Trump. Most of them ain't conservative! Like 9 out of 10 most.
Well, I disagree.
Sometimes the LAW, is simply not Concervative as we think it should be. The laws at least some of them need to be changed.
Anyway I am seeing real improvement lately as far as rulings ultimately favoring us.
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