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Thread: United States Courts of Appeals

  1. #91
    Senior Member CnCP Addict johncocacola's Avatar
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    Chuck Schumer, the minority leader said republicans are trying to turn the senate into the House of Representatives by not following the blue slip tradition. To be fair though, they're the ones that got rid of the filibuster on all federal judges except for SCOTUS which has been a long standing tradition of the senate.

  2. #92
    Senior Member CnCP Addict one_two_bomb's Avatar
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    "He will be remembered as one of the giants of the federal bench. He had a great life that ended much too soon," Thomas said.
    This quote had me rolling! At 87 years old, working 7 days a week to undo the will and hard work of the people? I hope my retirement is half as good!

  3. #93
    Moderator Dave from Florida's Avatar
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    He worked 7 days a week trying to screw the prosecutors and the victims. Also, he wasted a ton of the states money trying to avoid AEDPA. Fortunately his cases had a bullseye on them when they got to SCOTUS. If I was one of the justices, I would announce at conference that "We have a petition by the state of California asking us to hear a case authored by Reinhardt the Reversible."
    Let's reverse and remand!
    He also had an obsession with capital cases especially the one of Fernando Belmontes.

  4. #94
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Exactly dave. He is the poster child for term limits for judges.

  5. #95
    Senior Member CnCP Legend Mike's Avatar
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    March 23, 2018

    11th Circuit Judge Carnes to Take Senior Status

    By Katheryn Tucker
    Daily Report Online

    U.S. Court of Appeals for the Eleventh Circuit Judge Julie Carnes sent a letter to President Donald Trump Friday saying she plans to retire June 18.

    “I have attained the age and met the service requirements,” Carnes said in her letter to the president announcing her retirement intentions. She said that on May 29 of this year, she will have served 26 years as an active federal judge. She has been on the Eleventh Circuit since President Barack Obama appointed her in 2014. Judge Jill Pryor joined the court at the same time.

    Carnes was a U.S. District Court judge for the Northern District of Georgia from 1992 until 2014.

    “Further, I intend to continue to render substantial judicial service as a senior judge,” Carnes told Trump.

    Carnes was a commissioner on the U.S. Sentencing Commission from 1990 to 1996 and an assistant U.S. attorney from 1978 to 1990. She clerked for Fifth Circuit Judge Lewis Morgan after graduating from the University of Georgia law school.

    The retirement will give the president another position to fill on the Eleventh Circuit. If he chooses another Georgia appellate judge to fill the job—and he just did with newly commissioned Judge Elizabeth Branch, who stepped up from the Georgia Court of Appeals—the change could also give Gov. Nathan Deal another appointment to a state court.

    Deal is already about to fill three jobs on the Georgia Court of Appeals to replace Branch as well as Judge Tripp Self, who has already moved to a federal position with the Middle District of Georgia, and Judge Billy Ray, who is waiting for confirmation to a nomination for the Northern District of Georgia.

    Whether Trump taps another Georgia appellate judge for Carnes’ spot—and gives Deal another vacancy to fill—remains to be seen.

    https://www.law.com/dailyreportonlin...es-retirement/

  6. #96
    Administrator Moh's Avatar
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    On the Passing of a Noble Jurist

    Judge Stephen Reinhardt, 1931–2018

    By Heather MacDonald
    City Journal

    I was the “clerk who had gone bad,” U.S. Ninth Circuit Judge Stephen Reinhardt used to say to me (and probably say about me as well). I had clerked for him from 1985 to 1986, right out of Stanford law school, when my default politics were more in line with his own strong liberalism. I gradually changed my worldview, and he was not uninhibited about pointing out the many ways in which I was now profoundly misguided. But he always did so with a mischievous chuckle and affectionate sidelong glance, as if testing to see if he had gone too far.

    Reinhardt, who died on Thursday of a heart attack at 87, represented old-school liberalism in his ability to tolerate different points of view. Several years ago, I wrote an article critical of his decision to put the California prison system under his and two fellow jurists’ judicial control. I assume that he saw it; I had been in contact with another of his prior clerks about the issue. He never brought it up.

    That tolerance contrasts sharply with a Stanford law professor, once a friend and mentor, who treated my invitation to get together for lunch last summer with as much enthusiasm as one would greet a shipment of the Ebola virus. Meanwhile, I was regularly going up to Union Station in Los Angeles from Irvine to meet Judge Reinhardt for lunch, where he would greet me with a huge bear hug and proceed to berate me for not understanding the persistence of systemic racism. We figured out a way to disagree amicably, something my former professor has apparently never learned.

    Judge Reinhardt’s commitment to linguistic precision helped clean up my own prose, which had been encumbered by the fetid stew of High Theory that I had imbibed in college and law school. We would comb through drafts of his opinions in the kitchen of his sylvan home in Los Angeles’s Pacific Palisades as evening fell. He scrutinized each word, marking the deletions and additions in his tight-penciled script. He insisted on the traditional impersonal “he” in the face of my knee-jerk demand for the feminist he/she usage—a battle he continued to wage, he told me, in the face of equally determined clerks thereafter.

    At recent lunches, knowing my love of classical music, he would regale me with tales of his family’s estate in Salzburg, the product of his family connection by marriage to early twentieth-century theater director Max Reinhardt. And we would sometimes discuss the fallacies of radical feminism. “One of the things no one wants to talk about,” he said, “is the difference between the male and female libido. The whole structure of society once recognized that males are more sexually aggressive than females.”

    Reinhardt’s legendary friendship with fellow Ninth Circuit judge and libertarian Alex Kozinski was an even stronger example of his ability to transcend political difference. Kozinski used to call Reinhardt’s chambers and ask to speak to the “world’s greatest jurist.” The #MeToo scourging that led to Kozinski’s early retirement from the bench pained Reinhardt deeply. “Judges are so goddamned stuffy today,” he said; the unbuttoned Kozinski was a breath of fresh air, and one of the most good, decent, and smart people he knew.

    Reinhardt scrutinized every appeal by a criminal defendant with extra care, holding the government to the highest standard of due process. If the government rarely met that standard, Reinhardt would say that the fault lay with the criminal justice system. He inspired all those who worked for him to try to avoid the same judgement.

    Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute and a contributing editor of City Journal, and the author of the New York Times bestseller The War on Cops.

    https://www.city-journal.org/html/pa...ist-15801.html

  7. #97
    Administrator Moh's Avatar
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    Fixing the Ninth

    By Kent Scheidegger
    crimeandconsequences.com

    One-fifth of America's population lives in the Ninth Circuit, and for most federal cases the decision of the Court of Appeals is the last word. The Supreme Court can only take a small fraction of the cases. The Ninth Circuit is out in left field and has been since a major expansion of the court allowed President Carter -- and Senator Alan Cranston -- to pack its left wing in the late 1970s. One would think that fixing this court would be a major priority for a Republican administration, but as I noted here a few months ago, that has not been the case.

    The court is authorized 29 active judgeships. There are seven vacancies, with an eighth coming in August. Simply counting the Ds and Rs, the court is presently 16-6, so 7 more Rs would bring it to 16-13, decently close to balance. But it is more complicated than that. There is considerable variation among the Ds. Some are reasonable and will rule according to precedent when it is clear, and others are simply searching for an excuse to reach the Politically Correct result.

    One very large problem at present is the persistent failure of the Ninth Circuit to grant rehearing en banc to rein in a rogue panel when it issues a clearly wrong decision with a Politically Correct result, such as the one summarily reversed by the Supreme Court this morning. Although only five currently active judges joined the opinion dissenting from rehearing en banc, I will bet there were others who voted that way without joining the opinion. (The actual votes are not disclosed, and some judges do not approve of the practice of issuing opinions on these votes.) If all seven vacancies were filled with persons of sense, we would have a real shot at correcting the Ninth's more egregious panel errors with rehearings en banc.

    At present, we have only two nominees for seven, going on eight, vacancies. Both the White House and the Senate need to put the pedal to the metal to get them filled. That said, they must be careful to insure that they are filled with people possessed of common sense, integrity, and devotion to upholding the Constitution that the people enacted, not one made up by judges.

    http://www.crimeandconsequences.com/...the-ninth.html

  8. #98
    Senior Member CnCP Legend Mike's Avatar
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    After Waiting Seven Months: Kyle Duncan Confirmed as Judge to Fifth Circuit Court

    By Steve Warren
    CBN News

    Kyle Duncan, President Trump's nominee for the Fifth Circuit Court of Appeals, was confirmed to a lifetime seat by the Senate Tuesday over objections by Democrats and liberal groups.

    The Baton Rouge native was confirmed by a vote of 50 - 47 after waiting for seven months following his nomination as a judge to the court. Sen. Joe Manchin, D-W. Virginia was the only Democrat to cross party lines and vote to confirm him.

    Duncan, 46, has argued several high-profile cases before the US Supreme Court. Here are just a few examples:

    He served as the lead counsel in the case brought by retailer Hobby Lobby whose ruling held that the Affordable Care Act violated the Religious Freedom Restoration Act by requiring companies to provide contraceptives to their employers.

    In the case of Whole Women's Health v. Hellersteadt, Duncan co-authored an amicus brief (a letter of interest from a jurist not assigned to that case) supporting a Texas law that would require abortion facilities to provide ambulatory care for women who suffer botched abortions.

    In G.G. v Gloucester County School Board, he argued that students should not be allowed to use restrooms that do not fit their biologically-assigned sex.

    Duncan's senator from his home state of Louisiana, Sen. Bill Cassidy (R-LA), praised the new judge in a statement Tuesday.

    "This is a wonderful moment for Kyle and his family, but it's an even better moment for Louisiana and our country," he said. "Kyle is the first federal appeals judge from Louisiana confirmed under President Trump, and he's a top-notch lawyer who is committed to defending the Constitution. I'm glad he will soon take his seat on the bench."

    Tony Perkins, the president of the Family Research Council, believes Duncan will follow the Constitution.

    "I have known Kyle Duncan for a number of years going back to my time in state government in Louisiana. Kyle is an experienced litigator -- arguing cases throughout the country including at the appellate and Supreme Court levels. In addition to being well-qualified, I am confident that he will adhere to the text of the Constitution," Perkins said in a statement.

    The Fifth Circuit hears appeals from three states, Louisiana, Mississippi, and Texas. Duncan replaces Judge Eugene Davis who retired last year.

    According to The Advocate, Duncan is the second nominee of President Trump's to be confirmed to a Louisiana-based federal judgeship by the US Senate. Terry Doughty, a north Louisiana district court judge, was confirmed 98-0 in March.

    http://www1.cbn.com/cbnnews/politics...-circuit-court

  9. #99
    Administrator Aaron's Avatar
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    About time they confirmed another one. The judiciary committee has passed another six appeals judges. The Senate needs to move quickly.
    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

  10. #100
    Senior Member Frequent Poster Shep3's Avatar
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    Tell old Mitch to nut up and just change the rules 1 hour of debate per every 10 nominees why they don't use their power I'll never know. Btw late by ding dong the wicked witch of the ninth is dead!

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