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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #281  
Old 07-02-2019, 1:12 PM
OleCuss OleCuss is offline
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Waterboarding has been part of the training for some of our troops.

I fail to see how terrorists are privileged to be treated better than our troops. So I don't have a big problem with upholding a system which does not grant greater privileges to terrorists.

I never had to be waterboarded, but I got to be harassed, starved at times, sleep-deprivation a lot, dehydrated at times, put in a gas chamber, etc.

So no, I don't really have a problem with a judge if they ruled that you can do the same things to terrorists that we do to our own forces.
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  #282  
Old 07-08-2019, 2:56 PM
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Cloture has been invoked for Daniel Bress: https://twitter.com/SenateCloakroom/...53956940320768

The confirmation vote will be tomorrow: https://twitter.com/SenateCloakroom/...56872103088128
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  #283  
Old 07-08-2019, 10:15 PM
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Quote:
Trump’s getting closer to flipping the Ninth Circuit to a majority of judges appointed by Republican presidents. Of the 27 current Ninth Circuit judges, 16 were appointed by Democrats and 11 by Republicans.

Still, the impact of his appointments can be felt in a narrow majority. Additional Republican appointees, for instance, could moderate majority opinions or write dissents that may prompt review from the Supreme Court.

Also, it’s more likely that randomly drawn en banc sittings—a larger group of judges that rehears some cases decided by a three-judge panel of the same court—will be majority Republican. En banc is the last possible stop before the Supreme Court.
More at: https://news.bloomberglaw.com/us-law...than-any-other
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Last edited by Paladin; 07-09-2019 at 8:06 AM..
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  #284  
Old 07-09-2019, 6:16 AM
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I agree completely about the 9th Circus. And, they can't realistically hold en banc hearings to second guess every conservative ruling. As I understand it, the normal procedure is that every case is heard by a three judge panel. The odds of those three judge panels now including 2 conservatives are way up.

The left will go shopping for a more liberal Appellate Court somewhere.
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  #285  
Old 07-09-2019, 1:08 PM
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Senate Cloakroom
‏Verified account @SenateCloakroom

Confirmed, 53-45: Executive Calendar #343 Daniel Bress to be U.S. Circuit Judge for the Ninth Circuit
2:07 PM - 9 Jul 2019
From: https://twitter.com/SenateCloakroom/...00241442590722
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  #286  
Old 07-09-2019, 1:43 PM
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Quote:
Originally Posted by Paladin View Post
Quote:
Confirmed, 53-45: Executive Calendar #343 Daniel Bress to be U.S. Circuit Judge for the Ninth Circuit
2:07 PM - 9 Jul 2019
From: https://twitter.com/SenateCloakroom/...00241442590722
Which puts the current count at what?
16D - 12R active?
with 9 - 9 senior
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  #287  
Old 07-09-2019, 11:46 PM
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Originally Posted by tenemae View Post
Which puts the current count at what?
16D - 12R active?
with 9 - 9 senior
Plus there are 2 GOP judges who've declared they want to go senior status. IIRC, one specified on or before (I forget which) Dec 31st of this year and the other I don't think specified when, so I assume as soon as replacement confirmed. ETA: Plus, O'Scannlain's (GOP) seat has been open since 2016 Dec 31.
https://en.wikipedia.org/wiki/United...ng_nominations
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Last edited by Paladin; 07-10-2019 at 11:59 PM..
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  #288  
Old 07-19-2019, 7:00 AM
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Default The 9th circuit court shifting conserative

https://www.washingtonpost.com/outlo...=.4455f0a0b880
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  #289  
Old 07-19-2019, 2:25 PM
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To every Nutless Never Trumped who would have preferred Hillary over Donald Trump, you can suck on this victory.
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  #290  
Old 07-19-2019, 2:56 PM
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Excellent news!
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  #291  
Old 07-19-2019, 3:20 PM
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It's on the way, but still a ways from the goal post. I'm hopeful that Trump will get a second term, and really keep this silver ball rolling. Hopefully SCOTUS will see more favorable changes as well; it's about time.
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  #292  
Old 07-19-2019, 3:26 PM
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Agree. The court appointments, at all levels, are crucial after decades of liberalism.

Some of you, in your role as voters, may not agree with some of Trump's actions, or may not even like him at all. Still, you should vote for him for the reason that his court appointments are now proven and are sterling, no matter what. AND, there is an increasing probability that Ruth Bader Ginsberg, former head counsel of the ACLU and the worst liberal on SCOTUS, will either die or retire in the next 5 years. If you want Bernie or Pocahontas (or worse yet, Kamala Harris) to choose who replaces Ginsberg, then don't vote for Trump.

Also, keep in mind that in many cases, some actions Trump has taken are immediately litigated by the ACLU and other liberal groups. This is part of what they call "the resistance".
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  #293  
Old 07-19-2019, 9:01 PM
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I'm not too worried about other stuff Trump is doing, I ONLY wish he packs as many court judicial positions as he possibly can. Time to turn this steamy cat-box around, and make those libs suffer as we have for so long.
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  #294  
Old 07-20-2019, 8:55 AM
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The 9th will continue to be the thorn under the blanket for Trump. They exist to block any Trump exec orders.

It would take another 25 years of Trump to clear out the communists there. We will get no relief from them as the next Presidente will stuff them back full of socialists.

Splitting that court is the only real world solution. I see no effort to do that.
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  #295  
Old 07-21-2019, 6:56 AM
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Quote:
Originally Posted by Jimi Jah View Post
The 9th will continue to be the thorn under the blanket for Trump. They exist to block any Trump exec orders.

It would take another 25 years of Trump to clear out the communists there. We will get no relief from them as the next Presidente will stuff them back full of socialists.

Splitting that court is the only real world solution. I see no effort to do that.
It's a "real world solution" only if the right players are in the Senate and White House. If the 9th is split, and it should be, there will be a bunch of new seats on each bench for the incumbents in D.C. to fill. If the Dems control the Senate and White House at that time, then both new courts will be stuffed with liberals.
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  #296  
Old 07-26-2019, 3:05 PM
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Daniel Aaron Bress received his commission today.
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  #297  
Old 07-30-2019, 6:46 PM
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The Senate will be taking August recess soon. Still no nominations for the 3 vacant seats yet. O'Scannlain's seat has been vacant for 2 1/2 years....

Anyone know what's the hold up or when Trump & Mitch will get back to filling those vacancies?

https://en.wikipedia.org/wiki/United...ng_nominations
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  #298  
Old 07-31-2019, 9:45 AM
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Originally Posted by Paladin View Post
Anyone know what's the hold up or when Trump & Mitch will get back to filling those vacancies?
I think they are basically forcing them through with minimal debate and using senate rules to shut down all the delays, so they may schedule such things to happen on a day when it will get less news coverage or at the very end or something.

Let's hope they can get these filled ASAP. We will have a balanced / conservative 9th once that happens and California will be afraid to defend any of its crazy gun laws in the 9th after that.
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  #299  
Old 07-31-2019, 10:28 AM
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I think it was Sarah Palin who said that she considered waterboarding terrorists equivalent to baptizing them. I liked that.

Quote:
Originally Posted by OleCuss View Post
Waterboarding has been part of the training for some of our troops.

I fail to see how terrorists are privileged to be treated better than our troops. So I don't have a big problem with upholding a system which does not grant greater privileges to terrorists.

I never had to be waterboarded, but I got to be harassed, starved at times, sleep-deprivation a lot, dehydrated at times, put in a gas chamber, etc.

So no, I don't really have a problem with a judge if they ruled that you can do the same things to terrorists that we do to our own forces.
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  #300  
Old 07-31-2019, 10:28 AM
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Originally Posted by CCWFacts View Post
I think they are basically forcing them through with minimal debate and using senate rules to shut down all the delays, so they may schedule such things to happen on a day when it will get less news coverage or at the very end or something.

Let's hope they can get these filled ASAP. We will have a balanced / conservative 9th once that happens and California will be afraid to defend any of its crazy gun laws in the 9th after that.
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  #301  
Old 07-31-2019, 8:50 PM
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It's going to likely take decades before there is any parity in the 9th Circuit let alone a majority of conservative judges.

This conversation has only been about sitting judges and new appointments, which is half the story

What most of you are missing is that Circuit judges can choose to become "Senior Judges", which is like working retirement. This means that they still take case loads and sit on panels, which they do with great regularity -but they remain outside the notice of most people.

When you include these judges, we still have decades to go. Here's the current official list of all 9th Circuit judges. Note the real balance between Republican vs Democrat appointments.

https://www.ca9.uscourts.gov/content..._id=0000000035
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  #302  
Old 08-01-2019, 9:09 AM
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They actually didn't miss that. In fact, senior judges have been discussed here at great length, and if you had read up just a few posts (or counted them yourself) you would see that senior judges are currently equal:

Tenemae:
"Which puts the current count at what?
16D - 12R active?
with 9 - 9 senior"

So no. Your whole statement below is incorrect.

Quote:
Originally Posted by CWL View Post
It's going to likely take decades before there is any parity in the 9th Circuit let alone a majority of conservative judges.

This conversation has only been about sitting judges and new appointments, which is half the story

What most of you are missing is that Circuit judges can choose to become "Senior Judges", which is like working retirement. This means that they still take case loads and sit on panels, which they do with great regularity -but they remain outside the notice of most people.

When you include these judges, we still have decades to go. Here's the current official list of all 9th Circuit judges. Note the real balance between Republican vs Democrat appointments.

https://www.ca9.uscourts.gov/content..._id=0000000035
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  #303  
Old 08-01-2019, 9:11 AM
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Ever since Nordyke, 2nd A cases routinely go thru en banc panels, so yes, active judges do matter more than senior judges in CA9.
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  #304  
Old 08-01-2019, 9:23 AM
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Originally Posted by Paladin View Post
The Senate will be taking August recess soon. Still no nominations for the 3 vacant seats yet. O'Scannlain's seat has been vacant for 2 1/2 years....

Anyone know what's the hold up or when Trump & Mitch will get back to filling those vacancies?

https://en.wikipedia.org/wiki/United...ng_nominations
Well, it looks like Mitch & Co. have been busy, just not with CA9....

Quote:
The Senate on Wednesday confirmed nine more of President Donald Trump’s judicial nominees to the federal bench.

The judicial confirmations come as Majority Leader Mitch McConnell has called for the Senate to confirm 19 judges before it leaves Washington for a monthlong recess at the end of this week. The latest package of nominees also signals the Republican-controlled Senate is now turning its attention to the confirmation of district judges, after initially focusing on filling circuit court vacancies.

“We’re going to continue to move these nominations forward,” McConnell said on the floor prior to the votes. “For too long, fairly uncontroversial judicial nominees just like these have been held up and delayed by our Democratic colleagues.”
From: https://www.politico.com/story/2019/...minees-1442769
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  #305  
Old 08-01-2019, 9:50 AM
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Really? Senior judges get to sit on more typical 3-judge panels and this then qualifies them to sit on 11-judge en banc panels.

@mit31, and if you bother to read my earlier posts, you'd understand that the 9th Circuit somehow manages to "randomly" assign disproportionate numbers of Democrat appointees onto panels.

So yes, it will still take decades for this to shake out with real parity or even Republican appointees.
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  #306  
Old 08-01-2019, 10:52 AM
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The post that I responded to said nothing about that. It specifically said that because of senior judges we would need decades to get parity, as if the number of senior judges was lopsided. Read your post and tell me how my response was in error.

As far as how senior judges effect cases... again.. if the number is even (which it is), how do they tip parity?

You are saying that because the circuit cheats on assignments we wont have parity until when? All judges are conservative and they have no liberals left to select? That is rediculous. Your claim is so broad and unspecific I don't know where to start.

How about this... here is a study that addresses this very topic. Wanna have a read and get back to us?
http://cornelllawreview.org/files/20....Levyfinal.pdf

Excerpt:
"The Federal Judicial Center reports that the Ninth Circuit likewise begins with a random assignment process but goes on to consider other factors for the calendar. It notes that in the Ninth Circuit, there is “random assignment of judges by computer to particular days or weeks on the calendar” which is designed to “equalize the workload among the judges . . . [and] to enable each active judge to sit with every other active and senior judge approximately the same number of times over a two-year period[.]”
Differing from the other courts mentioned here, the Center reports that the panel assignment procedure of the Ninth Circuit is also meant to “assign active judges an equal number of times to each of the locations at which the court holds hearings.”

The study goes on to discuss and dissect how circuits assign panels in practice and why. Would you like to read this and form an opinion on some facts and professional analysis? Your current one is not.

Quote:
Originally Posted by CWL View Post
Really? Senior judges get to sit on more typical 3-judge panels and this then qualifies them to sit on 11-judge en banc panels.

@mit31, and if you bother to read my earlier posts, you'd understand that the 9th Circuit somehow manages to "randomly" assign disproportionate numbers of Democrat appointees onto panels.

So yes, it will still take decades for this to shake out with real parity or even Republican appointees.

Last edited by mit31; 08-01-2019 at 10:58 AM..
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