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Keyword: unfitforthebench

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  • Contested Flynn dismissal to go before full appeals court as legal saga drags on (En Banc hearing granted!)

    07/30/2020 11:07:48 AM PDT · by servo1969 · 125 replies
    Fox News ^ | 7-30-2020 | Tyler Olson, Bill Mears
    The dispute over the Department of Justice's move to dismiss criminal charges against former Trump national security adviser Michael Flynn will get a rehearing by the entire District of Columbia Circuit Court of Appeals, the latest twist in the long-running legal drama that stemmed from the FBI's investigation into possible collusion between the Trump campaign and Russia in 2016. The order was issued Thursday by the court. Called an "en banc" hearing, all 11 judges on the appeals court will sit in on a rehash of arguments that were made before a three-judge panel in June, which led to a...
  • U.S. Supreme Court will not shield gun maker from Sandy Hook lawsuit

    11/12/2019 8:54:31 AM PST · by Erik Latranyi · 75 replies
    Yahoo ^ | 12 November 2019 | Andrew Chung
    The U.S. Supreme Court on Tuesday dealt a blow to the firearms industry, rejecting Remington Arms Co's bid to escape a lawsuit by families of victims aiming to hold the gun maker liable for its marketing of the assault-style rifle used in the 2012 Sandy Hook school massacre that killed 20 children and six adults. The justices turned away Remington's appeal of a ruling by Connecticut's top court to let the lawsuit proceed despite a federal law that broadly shields firearms manufacturers from liability when their weapons are used in crimes. The lawsuit will move forward at a time of...
  • How The Star Witness In Roger Stone’s Trial Proved ‘Difficult’ For Prosecutors

    11/10/2019 9:42:56 AM PST · by ding_dong_daddy_from_dumas · 21 replies
    Daily Caller ^ | 11/09/2019 | Chuck Ross
    When the federal judge presiding over the trial against Roger Stone referred to the government’s star witness, Randy Credico, as “difficult” on Friday, none of the members of the jury or others in the Washington, D.C., court room overheard her pointed remarks. District Judge Amy Berman Jackson made the observation during a side bar discussion with lead government attorney Aaron Zelinsky and Stone lawyer Robert Bushchel, according to a transcript of the court proceedings obtained by the Daily Caller News Foundation. Jackson made the remark after two days of testimony that saw Credico, a comedian and longtime frenemy of Stone’s,...
  • Obama Judge: Illegal Alien Who Used FAKE Federal Docs to Get Driver’s License Did NOT Commit a Crime

    06/25/2019 8:08:10 PM PDT · by montag813 · 81 replies
    BorderPac ^ | 06-25-2019 | Brian Hayes
    by Brian Hayes According to a ruling by Obama-appointed federal Judge Beth Bloom, it is not a crime for an illegal alien to use fake federal documents to obtain a state license. Rubman Ardon Chinchilla is a roofer who lives in Broward County, Florida and has been illegally living in the US for decades. Chinchilla got busted using fake immigration documents in order to obtain a Florida driver’s license and was indicted on two counts of violating federal law. Chinchilla was one of 20 illegal aliens who was arrested for using an “Order of Supervision,” — this is a specific...
  • Judge who upheld Trump subpoena donated to Dems on committee seeking the records

    05/23/2019 11:04:46 PM PDT · by knighthawk · 17 replies
    Fox News ^ | May 23 2019 | Gregg Re
    The New York federal judge who ruled on Wednesday that the Trump administration must comply with two subpoenas from the House Financial Services and Intelligence Committees has donated in the past to a slew of big-name Democrats -- including two who currently sit on those committees, according to federal election filings. After an hour of oral arguments, Barack Obama-appointed U.S. District Judge Edgardo Ramos ruled the subpoenas to Deutsche Bank and Capital One have "a legitimate legislative purpose," and that Trump was unlikely to prevail in a lawsuit to quash the requests. Judges have the option to recuse themselves if...
  • Justice Ginsburg working from hospital after surgery, court says

    12/24/2018 9:15:11 AM PST · by kiryandil · 116 replies
    NBC-NPC #FakeNews ^ | December 24, 2018 | Kalhan Rosenblatt and The Associated LugenPress
    Ginsburg, 85, was up and working on Sunday while still at Memorial Sloan Kettering Cancer Center, a spokeswoman for the court said. Supreme Court Justice Ruth Bader Ginsburg has been up and working from the New York City hospital where she recently underwent surgery to remove cancerous nodes from her lungs, according to a spokesperson. Ginsburg, 85, continued working on Sunday while still at Memorial Sloan Kettering Cancer Center, according to Kathy Arberg, a spokeswoman for the court. On Friday, Ginsburg underwent a pulmonary lobectomy to remove two malignant growths from her lungs, which were discovered after she fell and...
  • Ruth Bader Ginsburg Voted From Hospital To Block Trump Asylum Restrictions

    12/22/2018 8:30:17 AM PST · by BenLurkin · 88 replies
    HuffyPuffyPost ^ | 12/22/2018 03:41 am ET | Mary Faffenpuss
    upreme Court Justice Ruth Bader Ginsburg voted against President Donald Trump’s proposed immigrant asylum restrictions from the hospital where she had cancer surgery Friday, according to media reports. NBC reported that Ginsburg voted from her hospital bed. National Public Radio and Mother Jones magazine said she cast the decisive vote in the 5-4 decision against the Trump administration shortly after her surgery to remove two cancerous nodules from her lungs. The ruling blocks the Trump administration from implementing new rules prohibiting people from seeking asylum if they cross the border illegally. By Friday night Ginsburg, 85, was sitting up in...
  • Cops and schools had no duty to shield students in Parkland shooting, says judge who tossed lawsuit

    12/19/2018 9:50:09 AM PST · by blueyon · 112 replies
    orlandosentinel ^ | 12/17/18 | Lisa J. Huriash
    A federal judge says Broward schools and the Sheriff’s Office had no legal duty to protect students during the shooting at Marjory Stoneman Douglas High School. U.S. District Judge Beth Bloom dismissed a suit filed by 15 students who claimed they were traumatized by the crisis in February. The suit named six defendants, including the Broward school district and the Broward Sheriff’s Office, as well as school deputy Scot Peterson and campus monitor Andrew Medina. Bloom ruled that the two agencies had no constitutional duty to protect students who were not in custody. “The claim arises from the actions of...
  • DACA Judge Suggests Trump’s Rhetoric Threatens Rule Of Law

    12/15/2018 7:12:22 AM PST · by ding_dong_daddy_from_dumas · 51 replies
    Daily Caller ^ | 12/14/2018 | Kevin Daley
    Judge John Bates of the U.S. District Court for the District of Columbia made the remarks Thursday at a townhall-style event on judicial independence in Philadelphia at the National Constitution Center. Though he did not name Trump specifically, his comments left little mystery as to whom he was referring. “There are a lot of pressures,” Bates said. “The pressures are fairly severe in some quarters. And there’s a risk of eating away at the rule of law, eating away at judicial independence, and that’s not easily recovered if it is impacted.” “‘Once the independence of judges is destroyed, the Constitution...
  • Trump administration files Supreme Court appeal after Ninth Circuit ruling halting new asylum policy

    12/11/2018 5:13:06 PM PST · by jazusamo · 43 replies
    Fox News ^ | December 11, 2018 | Gregg Re
    The Trump administration on Tuesday formally asked the Supreme Court to block a nationwide ban on the administration's new asylum policy that was unilaterally instituted by a Ninth Circuit Court of Appeals judge last month. In a November news conference days before the midterm elections, Trump had vowed to turn away all asylum seekers who attempt to cross the border illegally instead of properly presenting themselves at ports of entry. The president, who has long said the asylum process is rife with fraud, said the emergency policy was necessary as the leading Central American migrant caravan approached the U.S. border...
  • 9th Circuit Blocks Trump Effort To Deny Asylum For Illegal Aliens(WUT!)

    12/08/2018 12:03:14 PM PST · by rktman · 45 replies ^ | 12/8/2018 | Kevin Daley
    The 9th U.S. Circuit Court of Appeals upheld a temporary restraining order against a Trump administration policy that denies asylum to illegal aliens. The 2-1 decision is the latest setback the 9th Circuit has rendered to President Donald Trump’s immigration agenda. “Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the executive legislate from the oval office,” Judge Jay Bybee wrote for the majority. Former President George W. Bush appointed Bybee to the bench, and the judge has a conservative reputation.
  • U.S. appeals court won't immediately allow Trump asylum ban

    12/07/2018 7:36:36 PM PST · by conservative98 · 16 replies
    NBC News ^ | Dec. 7, 2018 / 9:50 PM EST
    SAN FRANCISCO — A divided U.S. appeals court late Friday refused to immediately allow the Trump administration to enforce a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The ban is inconsistent with an existing U.S. law and an attempted end-run around Congress, a panel of the 9th U.S. Circuit Court of Appeals said in a 2-1 decision. "Just as we may not, as we are often reminded, 'legislate from the bench,' neither may the Executive legislate from the Oval Office," 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for...
  • Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines

    12/05/2018 2:25:23 PM PST · by ScottfromNJ · 53 replies
    New Jersey Law Journal ^ | December 05, 2018 | Charles Toutant
    Split 3rd Circuit Upholds NJ's Ban on Large-Capacity Gun Magazines The U.S. Court of Appeals for the Third Circuit has rejected a challenge to New Jersey’s ban on firearm magazines holding more than 10 rounds. The appeals court, by a 2-1 margin, said the law limiting high-capacity magazines does not violate the Second Amendment, the Fifth Amendment’s Takings Clause or the Fourteenth Amendment’s Equal Protection Clause. The court affirmed an order from the U.S. District Court that denied challengers’ motion to preliminarily enjoin enforcement of the law. Judges Joseph Greenaway Jr. and Patty Shwartz ruled to affirm the lower court....
  • Court rules that encouraging illegal immigration is protected by First Amendment

    12/04/2018 10:37:59 AM PST · by yesthatjallen · 20 replies
    The Hill ^ | 12/04/18 | Megan Keller
    A federal appeals court on Tuesday struck down a portion of federal law that makes it a crime to encourage illegal immigration, ruling that the statute violates the First Amendment. “Criminalizing expression like this threatens almost anyone willing to weigh in on the debate,” Judge A. Wallace Tashima wrote in his opinion for the 9th Circuit Court of Appeals, Politico reported. Federal prosecutors argued that the law should apply only to individuals who provide "substantial assistance" to immigrants entering or residing in the U.S. illegally, according to Politico, which noted that the law took effect before President Trump took office....
  • Judge OKs sanctuary cities, rules anti-sanctuary law unconstitutional

    12/01/2018 6:53:32 AM PST · by E. Pluribus Unum · 64 replies
    The Washington Times ^ | Friday, November 30, 2018 | Stephen Dinan
    A federal judge in New York has ruled the Trump sanctuary city crackdown illegal Friday — but even went further and also ruled the law Congress passed requiring information-sharing is unconstitutional. Judge Edgardo Ramos‘ decision frees sanctuary jurisdictions in New York, Connecticut, New Jersey, Rhode Island, Washington, Massachusetts and Virginia to continue their policies without fear of losing federal money. The judge said the Trump administration attempted to write new conditions of cooperation, including notifying the feds of illegal immigrants ready for pickup, beyond what Congress had authorized. He said it is up to Congress to decide those conditions. “The...
  • Mississippi's 15-week abortion ban ruled unconstitutional by federal judge

    11/23/2018 12:55:41 PM PST · by SMGFan · 62 replies
    Fox News ^ | November 21, 2018
    A federal judge struck down Mississippi’s controversial law banning most abortions after 15 weeks about eight months after the Republican governor approved it. The law, called the Gestational Age Act, was considered to be the most restrictive in the U.S. It banned abortions after 15 weeks and only allowed for exemptions if the pregnancy threatened a woman's life or "major bodily function" or if the fetus would be “incompatible with life” outside of the womb. Exemptions would not be granted for pregnancies that resulted from rape or incest. Doctors who violated the ban would have faced mandatory suspension or revocation...
  • Court Invalidates Mississippi's Restrictive Ban On Abortions

    11/21/2018 6:29:51 PM PST · by marshmallow · 17 replies
    Religion Clause ^ | 11/21/18 | Howard Friedman
    In Jackson Women's Health Organization v. Currier, (SD MS, Nov. 20, 2018), a Mississippi federal district court held unconstitutional a recently enacted Mississippi statute that prohibits most abortions after 15 weeks gestation. The court said in part: [T]he real reason we are here is simple. The State chose to pass a law it knew was unconstitutional to endorse a decades-long campaign, fueled by national interest groups, to ask the Supreme Court to overturn Roe v. Wade. This Court follows the commands of the Supreme Court and the dictates of the United States Constitution, rather than the disingenuous calculations of the...
  • California-based appeals court has been thorn in Trump's side

    11/21/2018 6:40:56 PM PST · by saywhatagain · 27 replies
    Reuters ^ | November 9, 2018 | Andrew Chung
    A liberal-leaning California-based federal appeals court that has often ruled against President Donald Trump dealt him another setback this week in a major immigration case and soon could be asked to weigh in on a pipeline project he has championed. The 9th U.S. Circuit Court of Appeals, based in San Francisco, has been a thorn in Trump’s side since he took office last year and has drawn the Republican president’s ire for its decisions in high-profile cases. See more examples
  • Law banning female genital mutilation ruled unconstitutional; Michigan doctors cleared of charges

    A federal judge on Tuesday ruled that the U.S. law banning female genital mutilation was unconstitutional and dismissed charges against several doctors in Michigan who carried out the procedure on underage girls as part Muslim sect’s religious practice.
  • In rare rebuke, Chief Justice Roberts slams Trump for comment about 'Obama judge'

    11/21/2018 10:17:13 AM PST · by Baynative · 133 replies
    NBC News ^ | 11/21/18 | AP
    WASHINGTON — Chief Justice John Roberts is pushing back against President Donald Trump's description of a judge who ruled against Trump's new migrant asylum policy as an "Obama judge." It's the first time that the leader of the federal judiciary has offered even a hint of criticism of Trump, who has previously blasted federal judges who ruled against him. Roberts said Wednesday the U.S. doesn't have "Obama judges or Trump judges, Bush judges or Clinton judges." He commented in a statement released by the Supreme Court after a query by The Associated Press.