Page 23 of 28 FirstFirst ... 132122232425 ... LastLast
Results 221 to 230 of 279

Thread: United States Courts of Appeals

  1. #221
    Senior Member Frequent Poster Alfred's Avatar
    Join Date
    Mar 2014
    Posts
    446
    I was wondering about the replacement of judges while they're still in office. For example, currently a judge from the DC circuit has announced he will be stepping down in some time. His replacement will soon see a senate vote.

    In certain cases, such as with Judge Carnes on the Eleventh, his replacement was approved by the Senate while Carnes only announced his intention in October 2019 to take senior status "at a to-be-determined date", which could mean just any random moment in the future. As every judge will give up his seat someday at a to-be-determined date, this means basically nothing. Today Carnes has still not given up his seat.

    To me, this raises the question whether the President is able to appoint new judges for vacancies that are not yet there. For example, could the President appoint a replacement for Ginsburg though she is not dead yet? And could he have the Senate approve the nominee?
    Last edited by Alfred; 06-15-2020 at 09:02 AM.

  2. #222
    Senior Member CnCP Addict johncocacola's Avatar
    Join Date
    Jan 2013
    Posts
    643
    As I understand it, the senate can confirm any nominee they want for any seat, but the judge is not legally a judge unless a sitting president signs a commission for an open seat. Even though the senate confirmed Brasher in February, Trump will not sign the commission until June 30th when the retirement takes effect to make it valid.

    President Grant’s Supreme Court nominee Edwin Stanton was confirmed by the senate but died before his commission could be signed so he’s not considered to be a Supreme Court justice.

    To answer your question about Ginsburg, the senate could theoretically confirm a nominee at anytime but unless a sitting president signs the commission after the retirement takes effect, it won’t be valid.

  3. #223
    Senior Member Frequent Poster Alfred's Avatar
    Join Date
    Mar 2014
    Posts
    446
    Thanks for the explanation! I was not aware that a presidential signature was required even after confirmation.

    Walker has been confirmed to the Court of Appeals for the DC Circuit: 51-42.

  4. #224
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    The Senate will vote on Cory Wilson for the 5th Circuit on Monday. This will mark 53 appeals court judges for Trump. Obama appointed 55 in his entire two terms.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  5. #225
    Senior Member Frequent Poster Alfred's Avatar
    Join Date
    Mar 2014
    Posts
    446
    Wilson has now been confirmed to the Fifth, 52-48. Today, for the first time in over 40 years, there are no vacancies left on the Appeals Courts.

  6. #226
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    Senate confirms Trump's 200th judge, officially fills all appeals court vacancies

    "No vacancy left behind."

    That quote, repeated over and over by Senate Majority Leader Mitch McConnell, R-Ky., in the past year -- to cheers from Republicans and the outrage of Democrats -- has been the creed behind the Senate's single-minded push to confirm as many Trump-nominated federal judges as possible. And the 52-48 confirmation of Cory Wilson to the U.S. Court of Appeals for the Fifth Circuit on Wednesday means that McConnell, in one respect, has quite literally accomplished that goal.

    Wilson fills the final remaining federal circuit court vacancy. None have been left behind.

    Wilson also marks the 200th overall lifetime-appointed Article III judge to be confirmed by the Senate during Trump's presidency. Article III courts include federal district courts, circuit courts of appeals, the Supreme Court and the U.S. Court of International Trade. That pace is faster than every other president in history except for Jimmy Carter. President Trump's appointees now make up more than one-quarter of the federal judiciary -- a legacy that will long outlast him and McConnell, the author of a memoir titled "The Long Game."

    "The single most consequential thing we can do is these lifetime appointments of men and women to the court who believe that the job of a judge is to follow the law," McConnell told the annual Values Voter conference in 2018.

    And on Wednesday, McConnell said on the floor of the Senate that, "[o]nce we confirm Judge Wilson today, the Senate will have confirmed 200, 200 of President Trump's nominees to lifetime appointments on the federal bench. And following number 200, when we depart this chamber today, there will not be a single circuit court vacancy in the country anywhere in the nation for the first time in at least 40 years."

    The majority leader also took a shot at Democrats, who have opposed Trump's judicial nominees at an unprecedented rate.

    "Our work with the administration to renew our federal courts is not a partisan or political victory," McConnell said. "It's a victory for the rule of law and for the constitution itself. If judges applying the law and the constitution as they're written strikes any of our colleagues as a threat to their political agenda, then the problem, I would argue, is with their agenda."

    And the judges McConnell is confirming will likely remain at their posts for decades. Wilson is 49 years old. Justin Walker, who the Senate last week confirmed to the D.C. Circuit, is just 38.

    Wilson, like many of the Trump nominees to the influential federal courts of appeals, which are just one step below the Supreme Court, has been zealously opposed by Democrats.

    "Judicial nominee Cory Wilson called the Affordable Care Act 'illegitimate' & 'perverse,'" Sen. Sheldon Whitehouse, D-R.I., tweeted Tuesday. "He called the NAACP’s concerns about Voter ID laws 'poppycock.' He called groups like the ACLU 'rent-a-mobs.' I call him unqualified & will be voting no on his nomination."

    He's also been slammed by outside left-leaning outside groups like the Leadership Conference on Civil and Human Rights, which criticized the Senate for taking up floor time with judicial confirmations during a pandemic and national racial unrest.

    "The Senate should not consider Mr. Wilson’s nomination – or any judicial nomination – at this perilous time in our nation’s history, when the Senate should be laser focused on efforts to save lives and mitigate the profound economic turmoil of COVID-19 on the American people," a letter written by the group's president and CEO Vanita Gupta read. "It is especially disturbing that the Senate would process judicial nominees like Mr. Wilson who seek to dismantle health care protections for vulnerable people."

    But right-leaning court watchers have defended the focus on judges, saying that the Senate can proverbially walk and chew gum at the same time -- the body soon after Wilson's confirmation is taking a procedural vote to begin debate on a police reform bill that Democrats will likely block. On Wednesday, they celebrated the confirmation of Trump's 200th judge.

    "We have reached a HISTORIC MILESTONE of 200 confirmed judges thanks to @RealDonaldTrump, @SenateMajLdr, @ChuckGrassley, and @LindsayGrahamSC," Judicial Crisis Network President Carrie Severino tweeted Wednesday. "[Trump] has DELIVERED on his promise to appoint constitutionalist judges, saving us from hundreds of policy-driven, liberal judges that a President Hillary Clinton surely would have appointed."

    Mike Davis, the president of the Article III Project -- a group dedicated to boosting Trump judicial nominees -- and a former staffer for Sen. Chuck Grassley, R-Iowa, from his time as the Senate Judiciary Committee chairman, emphasized Trump's comparative success in confirming judges to his predecessor.

    "To put this in perspective, President Obama appointed 55 circuit judges in 8 years; President Trump has appointed 53 in under 4," Davis said. "And President Trump has 'flipped' the 2nd, 3rd, and 11th Circuits from majority Democrat-appointed to majority Republican-appointed judges, while significantly narrowing the Democrat domination (from +11 to just +3) on the once-out-of-whack 9th Circuit."

    And Davis' old boss, Grassley, credited Trump with keeping a campaign promise in giving the Senate so many judges to confirm.

    "These have been nominees in Justice Scalia's mold, just as the president promised nearly four years ago," Grassley said on the Senate floor Wednesday. "This landmark achievement is the result of the president keeping his word."

    And during a time of race and pandemic-related turmoil with polls showing him trailing Democratic rival Joe Biden in his reelection race, Trump apparently senses that judicial appoints is one issue that is favorable to him. He's promised by later this summer to release a new list of potential Supreme Court nominees -- a move that helped unite the Republican party around him in 2016.

    "I will be releasing a new list of Conservative Supreme Court Justice nominees, which may include some, or many of those already on the list, by September 1, 2020," Trump tweeted last week. "If given the opportunity, I will only choose from this list, as in the past, a Conservative Supreme Court Justice."

    But Biden on Tuesday continued criticism of Trump, his nominees and Senate Republicans. The presumptive Democratic presidential nominee has yet to release a list of potential Supreme Court nominees like Trump's, despite urging from some factions in his party.

    "Instead of passing police reform or helping hardworking Americans get through this crisis, Republicans are jamming through another one of Trump’s unqualified nominees," Biden said. "It's wrong. Cory Wilson lacks judicial temperament and experience—and has no place on a Federal Court."

    https://www.foxnews.com/politics/sen...-vacancies.amp
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  7. #227
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    Anyone who lambasts the ACLU is alright in my book of judicial candidates and nominees.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  8. #228
    Senior Member CnCP Legend FFM's Avatar
    Join Date
    Jan 2013
    Posts
    1,363
    And it only took 10 years....

  9. #229
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,317
    Trump has announced Thomas Kirsch, a federal prosecutor from Indiana, as Amy Coney Barrett’s successor on the Seventh Circuit.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  10. #230
    Senior Member CnCP Legend FFM's Avatar
    Join Date
    Jan 2013
    Posts
    1,363
    Longtime federal appeals court Judge Juan Torruella dies

    BOSTON — Judge Juan Torruella, who served nearly four decades on the Boston-based federal appeals court and took part in such high-profile rulings as the tossing of Boston Marathon bomber Dzhokhar Tsarnaev's death sentence, died Monday at the age of 87, the court said.

    Susan Goldberg, circuit executive for the 1st U.S. Circuit Court of Appeals, confirmed Torruella's death. She said she could not provide the cause of death.

    "It is a great loss to the Court of Appeals and the First Circuit. Our hearts go out to his wife and family," Goldberg said in an email.

    Torruella, who was born in Old San Juan, Puerto Rico, was appointed to the 1st Circuit in 1984 by President Ronald Reagan, becoming the first Puerto Rican to serve on a U.S. federal appeals court. A decade later, he replaced Judge Stephen Breyer as chief judge of the 1st Circuit when Breyer was elevated to the Supreme Court. Torruella served as chief until 2001.

    Massachusetts U.S. Attorney Andrew Lelling called Torruella "a strong advocate for the rights of Puerto Ricans" who "spent his career advocating for their equal rights as U.S. citizens."

    "His insight and passion for the law will be missed," Lelling said in an emailed statement.

    Torruella was part of a three-judge panel that in July unanimously overturned Tsarnaev's death sentence and ordered a new trial to decide whether he should be put to death for the attack that killed three people and wounded more than 260 others. The court said the judge who oversaw Tsarnaev's trial did not adequately screen jurors for potential biases.

    Federal prosecutors have asked the U.S. Supreme Court to review the case.

    In 2015, Torruella dissented as part of a different three-judge panel that ruled that Tsarnaev's case could stay in Massachusetts.

    In a concurring opinion with the decision vacating Tsarnaev's death sentence, Torruella again argued that Tsarnaev's trial should never have been held in Boston, saying if his case didn't merit a change of venue, none would.

    "The physical and emotional wake of the Boston Marathon bombings, and the events of the following week, flooded the residents of the Eastern Division with sorrow, fear, and anger," he wrote. "Few crimes have been as offensive and devastating to an entire community than those committed by the Tsarnaev brothers. But for even the most heinous of offenses, our system of justice demands vigorous protection — both in appearance and fact — of a defendant's right to a fair trial and sentencing."

    Torruella was also on a three-judge panel that last month heard arguments in a case brought by a group that accuses Harvard University of intentional discrimination against Asian American students who apply to the Ivy League school. Students for Fair Admissions is asking the appeals court to overturn a trial-level judge's 2019 decision finding that Harvard does not discriminate against Asian Americans.

    https://www.startribune.com/longtime...ies/572875831/

Page 23 of 28 FirstFirst ... 132122232425 ... LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •