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9th Circuit is a rogue court
Posted on 6/26/17 at 10:07 am
Posted on 6/26/17 at 10:07 am
What can be done with a court that makes decisions that have nothing to do with rule of law or precedent? Can they be broken up? Disbanded?
Posted on 6/26/17 at 10:09 am to Strannix
quote:
Can they be broken up?
Yes & I'm pretty sure it's on Trump's radar
Posted on 6/26/17 at 10:09 am to Strannix
I forget they did some last minute changes, what were they? The political left activists must have just known they would be shamed by SCOTUS again.
Posted on 6/26/17 at 10:09 am to Strannix
leave it to hippies and mexicans to think that their regional kangaroo courts can usurp the authority of the president.
Posted on 6/26/17 at 10:12 am to white beans
The 9th must be disbanded for its currupt view of the law and constant waste of taxpayer funding via its consistent record of being overturned
Posted on 6/26/17 at 10:12 am to Strannix
quote:
What can be done with a court that makes decisions that have nothing to do with rule of law or precedent?
Have their rulings overturned at the next level. Judges are appointed for life and cannot be fired, but they can be impeached by Congress. This has only happened like once in the history of the United States.
quote:
Can they be broken up?
Yes. Congress has the power to create circuit courts and define their jurisdiction. They can be created, disbanded, reshaped, split, etc.
John McCain introduced a bill earlier this year to split the 9th circuit in two, not because of it's insane rulings and high overturn percentage at SCOTUS, but because it has the largest population of any circuit and by far the largest backlog of cases.
By splitting the circuit into two, the judges would be assigned to each based on where they reside. The extra judges need to fill the remaining seats could be filled by appointment by the sitting president (i.e. Trump gets to stack the deck with conservative judges to either flip or at least narrow the gap in the 9th circuit and the new one that would be created).
Posted on 6/26/17 at 10:16 am to Strannix
quote:
What can be done with a court that makes decisions that have nothing to do with rule of law or precedent? Can they be broken up? Disbanded?
If Congress had any balls, they would start impeachment proceedings against judges who continually vote based on their political beliefs rather than the law.
In the alternative, they could restructure the 9th district into smaller districts but that doesn't accomplish a whole lot,then you'd just have the same judges sitting in multiple courts instead of 1 big court.
Posted on 6/26/17 at 10:17 am to kingbob
Frankly I would try to split the Ninth into three.
California, Hawaii, Guam, and Northern Marianas as one, probably Washington and Oregon as the second, then the remaining states which are generally rural like Alaska, Montana, Arizona, Nevada, etc. as the last one.
California, Hawaii, Guam, and Northern Marianas as one, probably Washington and Oregon as the second, then the remaining states which are generally rural like Alaska, Montana, Arizona, Nevada, etc. as the last one.
Posted on 6/26/17 at 10:19 am to teke184
OVERRULED
This post was edited on 6/26/17 at 10:20 am
Posted on 6/26/17 at 10:20 am to white beans
quote:
think that their regional kangaroo courts can usurp the authority of the president.
The 9th Circus Court is getting spanked.
MAGA
Posted on 6/26/17 at 10:22 am to Luke
quote:
The 9th must be disbanded
Or expanded = imagine if Trump would just assign another 30 judges to the 9th circuit and make all of them 30 yr old Scalia wannabes. Let the current justices sit in the corner and vent their spleens with meaningless dissents to the conservative rulings !!!!
Posted on 6/26/17 at 10:23 am to Strannix
The 9th Circuit is indeed a rogue court, untethered to any sense of the Constitution or law. Judicial independence is one thing, but judicial independence from the Constitution and the rule of law is another.
Posted on 6/26/17 at 10:40 am to ChineseBandit58
1. Trump lacks that authority, but Congress could do so.
2. Congress would have to add the same number of judges to each court. You would get wailing from spending hawks and democrats would assail it as a court packing scheme, but it would probably be a great benefit to the entire nation by potentially greatly speeding up the dockets nation-wide.
2. Congress would have to add the same number of judges to each court. You would get wailing from spending hawks and democrats would assail it as a court packing scheme, but it would probably be a great benefit to the entire nation by potentially greatly speeding up the dockets nation-wide.
Posted on 6/26/17 at 10:44 am to Strannix
i would love judges to rule on law and not on a conservative or liberal basis. I know that's a crazy concept.
Posted on 6/26/17 at 10:48 am to Strannix
quote:
9th Circuit is a rogue court
Or--maybe not.
Sure you probably don't like to read--but if you get an urge--here is an article on the American Bar Association website.
LINK
Excerpt: "When the subject of Supreme Court reversal rates
arises, two common perceptions usually come to
mind. First, the Ninth Circuit is the “rogue circuit.”
Second, the Supreme Court only takes cases that it intends to
reverse. An empirical study of Supreme Court dispositions
of cases from the courts of appeals during the last 10 Terms
reveals that neither of these common perceptions is true."
Posted on 6/26/17 at 11:24 am to Strannix
Not sure what you mean by this. What SCOTUS approved is not what the 9th Circuit struck down. It is markedly different.
In some ways, SCOTUS agreed that the original EO was not acceptable. They didn't affirm the EO. They affirmed a modified version of it.
In some ways, SCOTUS agreed that the original EO was not acceptable. They didn't affirm the EO. They affirmed a modified version of it.
Posted on 6/26/17 at 12:27 pm to cajunangelle
quote:
I forget they did some last minute changes, what were they?
They put a stay on part of the injunction to allow for the review to take place despite allowing the rest of the injunction to remain in place. IE: they ended up saying the government was free to review their visa and refugee processes, but could not ban mussies while they did it.
Posted on 6/26/17 at 12:34 pm to Strannix
They all need to be removed/ disbarred. They aren't upholding the constitution, they are just political appointments/Hacks. Anyone could see this is what the President's job "Is", and who can enforce these rules...Court has no authority, or a means to enforce these rules. It's so dumb, that action needs to be taken against the ninth for their activism against the Constitution...
Posted on 6/26/17 at 12:35 pm to Damone
IT's not the 9th Circuit that is the problem really though. Venue shopping, that is the problem. Not sure what the fix for that could be though.
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