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Trump and reshaping the judiciary

owedtojoy

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The states of Oregon, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, Vermont, Virginia and Wisconsin and the District of Columbia have filed suit to block the Trump Administration’s attempt that would effectively strip millions of federal dollars from reproductive health providers that perform abortion services and referrals.
California has already filed its own suit.

One can see what will happen when Roe vs Wade is decided, as it will probably will be removed this year or next.

  1. There will be an upsurge of States Rights for abortion services in Blue States
  2. There will be a rescue network to transport women to those states for abortions, and court battles over the right to publish information on abortion services.
  3. There will be wholesale and unsupervised use of morning-after pills obtained via the internet New Website Offering Abortion Pills Online Launches in the US - Broadly

2 and 3 are what happened in Ireland after the Eighth Amendment passed in 1983, with many memorable legal battles as the anti-abortion campaigners tried to close down all access to out-of-state abortion, or information on abortion like clinic telephone numbers, from Ireland. Eventually, after 35 years or so, the 8th Amendment was scrapped.

Scrapping Roe vs Wade will not be final, just open up a few new battles that the anti-abortion campaigners will be less equipped to fight.

More Parties Speak Up About the Abortion Gag Rule
 


owedtojoy

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Paddyc

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True but he was allegedly an opponent of the Heller judgement, in which SCOTUS had ruled the right to bear arms was an individual right. That concerned Republicans.
John Paul Stevens was appointed to the Appellate Court by Richard Nixon and to the Supreme Court by Gerald Ford.

He also opposed the Heller judgment.
 

atkin8

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Yes, I'd guess it does, and it should.

But as Paddy C has pointed out, for many of you Trump addicts, homophobia, racism, bigotry, sexism, misogyny, hypocrisy, corruption, criminality, crassness, stupidity and general complete incompetence and chaos of a POTUS are slightly distasteful byproducts to be suffered to ensure Liberal smugness and arrogance is checked.

The first instinct for many Trump supporters on P.ie when Trump does something outrageous, is not to try to defend his decision (tough job in most cases), but to steam on with a post to express glee at how this would make liberals fume.
If Trump issued an EO today to try to criminalise homosexuality, I can think of a good few P.e posters who instead of expressing outrage at it, or even attempt to defend it, would simply log in to say "jaysus, this is brilliant, popcorn time watching the liberal's heads explode"

Sad losers whose sad lives can only be improved by some brief adrenalin hit of seeing other people suffer more than them
Fair play to you Jack you managed to get in almost alll the magic words , you can add right wing thugs for good measure.
 
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owedtojoy

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When Paul Matey is confirmed to the Third Circuit Court of Appeals as early as tomorrow, it will be the first Federal Appeals court Trump has flipped from Dem to GOP, and theres one more vacancy to fill. It has jurisdiction in Pennsylvania, Delaware and NJ.

Trump Poised to ‘Flip’ Appeals Court for First Time
The wording is significant.

Courts are not supposed to be party political, and no Democrat (or democrat), or a republican in the true meaning of the word, would speak about a court being "flipped" from one party to another.

Apparently (and I have been saying this, did not think it would be so easy to show it), Trump-appointed judges are there to enforce Republican Party interests, and its donors' interests, and not to interpret the Law and the Constitution in a Nation ruled by Laws.
 

Dame_Enda

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Paul Matey has just been confirmed. 3rd Circuit now has a one vote conservative majority, and there is one more vacancy to fill.

The Senate judiciary committee this week also scheduled hearings for two 9th Circuit nominees (I think Kenneth Lee and Daniel Collins) over Dem objections. There are five vacancies for the 9th Circuit, which has jurisdiction over tge entire west coast, Arizona, Idaho and Arizona and 20% of the population. Currently it has a 16-8 liberal majority among active judges. Trump has already appointed three judges to it and nominated 4 more and there is one other vacancy without a nominee. If all the nominees get confirmed, that will reduce the liberal majority to 16-12, and if the remaining vacancy is filled it would be 16-13. This court has repeatedly blocked Trumps travel ban and attempts to defund Sanctuary cities, though SCOTUS later reinstated the travel ban.

Update: Neomi Rao has just been confirmed to Brett Kavanaugh's former seat on the DC Circuit, which has jurisdiction over the Mueller probe. Its still 7-4 liberal majority of active judges there though, and there are no more vacancies on this court.

Senate votes to confirm Neomi Rao to appeals court
 
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O'Sullivan Bere

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Paul Matey has just been confirmed. 3rd Circuit now has a one vote conservative majority, and there is one more vacancy to fill.

The Senate judiciary committee this week also scheduled hearings for two 9th Circuit nominees (I think Kenneth Lee and Daniel Collins) over Dem objections. There are five vacancies for the 9th Circuit, which has jurisdiction over tge entire west coast, Arizona, Idaho and Arizona and 20% of the population. Currently it has a 16-8 liberal majority among active judges. Trump has already appointed three judges to it and nominated 4 more and there is one other vacancy without a nominee. If all the nominees get confirmed, that will reduce the liberal majority to 16-12, and if the remaining vacancy is filled it would be 16-13. This court has repeatedly blocked Trumps travel ban and attempts to defund Sanctuary cities, though SCOTUS later reinstated the travel ban.

Update: Neomi Rao has just been confirmed to Brett Kavanaugh's former seat on the DC Circuit, which has jurisdiction over the Mueller probe. Its still 7-4 liberal majority of active judges there though, and there are no more vacancies on this court.

Senate votes to confirm Neomi Rao to appeals court
Paul Matey's appointment is a bad thing given what I explained about him. There's competent and ethical conservative jurists to be found but he's clearly not one of them and sadly it's been a pattern.

IMO, there's a clear difference between a bona fide conservative and a Robber Baron swamp creature. Why the GOP base is just rubber stamping these kinds of appointments is bad for democracy. The GOP base is supposed to direct them to get bona fide competent and public servant minded conservatives, not the other way around and against their own specific and the overall national interests.
 

Dame_Enda

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Brigid Bade up next for the 9th Circuit. Senate to vote next week to end debate on her nomination, so a vote can be proceed to confirm her. Unlike the other recent nominees, she has some bipartisan support (Senator Feinstein voted for her on the Judiciary Committee). She hasnt been in the Federalist Society. Bridget Bade Up Next in Trump Wave of Appeals Court Judges (1)
 

Dame_Enda

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The emoluments lawsuit against Trump today in the 4th Circuit showed how Trumps appointments there have started to tilt the balance of a formerly liberal court. It was two thirds Democratic appointed when he took office, whereas now its only 9-6. Today the case went before a three judge panel - all three ended up being GOP appointees, of which one is Trump appointee Marvin Quattlebaum - and surprise surprise they were sceptical of the merits of the case. Of course if the 4th Circuit agrees to hear an appeal in an "en banc" hearing, then it will be back ta 9-6 liberal majority - or more/less depending on how many Senior Status (semi retired) judges decide to participate. There was one Senior Status judge in the panel today.
 

owedtojoy

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The emoluments lawsuit against Trump today in the 4th Circuit showed how Trumps appointments there have started to tilt the balance of a formerly liberal court. It was two thirds Democratic appointed when he took office, whereas now its only 9-6. Today the case went before a three judge panel - all three ended up being GOP appointees, of which one is Trump appointee Marvin Quattlebaum - and surprise surprise they were sceptical of the merits of the case. Of course if the 4th Circuit agrees to hear an appeal in an "en banc" hearing, then it will be back ta 9-6 liberal majority - or more/less depending on how many Senior Status (semi retired) judges decide to participate. There was one Senior Status judge in the panel today.
The attorneys generals said in a joint statement they “will keep fighting to stop the president’s daily violations of our nation’s original anti-corruption laws, because Americans should never have to wonder if the president is working on their behalf or in his personal financial interest.”
 

Dame_Enda

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Reports again today that the Senate is ready to change the rules to fast-track district judicial nominees. I think this pertains to changing the rules so that 2 hours - not the current 30 - are required before a final vote. I think it would not affect the Circuit Courts of Appeals.
 
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owedtojoy

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There is a problem with judges .....

They are rational, they like a good argument, they can grow and change, they are not automatons, and on appeal courts they can be influenced by other judges. And they are human.

and if they replace a judge of the same inclination, there may be no net difference.

But even Trump’s judicial confirmations haven’t produced the dramatic conservative shift in the courts that Republicans had hoped. As the Huffington Post notes, one of the reasons is that most of the vacancies Trump is filling were already held by Republican-appointed judges anyway:
Trump’s judicial confirmations aren’t changing the balance of the courts as much as he hoped — here’s why
 

Dame_Enda

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An Obama appointed judge has just said he's taking Senior Status (semi retirement) from the 2nd Circuit court of appeals, which includes NY. This means 4 vacancies on the court so far. Two of Trumps nominees, Joseph Bianco amd Michael Park, have already cleared the Senate judiciary committee in March and are awaiting floor votes. Given the 2nd Circuit currently has 6 Dem and 3 GOP judges, Trump could flip this court to the Right if he gets to fill all 4 vacancies.

 

raetsel

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An Obama appointed judge has just said he's taking Senior Status (semi retirement) from the 2nd Circuit court of appeals, which includes NY. This means 4 vacancies on the court so far. Two of Trumps nominees, Joseph Bianco amd Michael Park, have already cleared the Senate judiciary committee in March and are awaiting floor votes. Given the 2nd Circuit currently has 6 Dem and 3 GOP judges, Trump could flip this court to the Right if he gets to fill all 4 vacancies.

Time the USA had an independent judiciary then. Trump's Bible thumping lunatics are not an attractive option for a gay man like yourself.
 

owedtojoy

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Federal courts tossed out two redistricting maps that gave legal force to Republican gerrymandering in two key states: Ohio and Michigan. The cases will probably go to the Supreme Court.

Together with the cases already before the Court, SCOTUS has a chance to make a historic judgment for voting rights. Or, it may just do what Trump and his ideologues intended: provide a legal veneer for Republican Party policy.
 

Dame_Enda

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2nd Circuit nominee confirmed 54-42. 2nd Circuit includes NY. Reduces Dem majority of active judges on the court to 7-5, with one vacancy remaining to be filled. Michael H Park is likely to fill that vacancy in a few days, as the Senate yesterday voted to end debate on his nomination.


Trump has 3 9th Circuit nominees awaiting to fill vacancies., and there's a fourth vacancy. If all 4 are filled, it will reduce the Dem majority on this court, which includes the entire west coast, to 19-16, from its current 16-9 to 16-13 of active judges.

In both cases it especially helps Trump because cases on the Circuit Courts of Appeal go to 3 judge panels before the court considers hearing of all available judges (which are known as "en banc" hearings). Trump is starting to do better with some 9th Circuit panels, including one on immigration where it ended up being heard by 3 GOP appointees.
 
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Dame_Enda

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Michael H Park has been confirmed since my last post on this thread. This reduces the liberal majority of active judges on the 2nd Circuit Court of Appeals (which includes the extremely liberal states of NY, Vermont and Connecticut) to just 1, and with 2 vacancies (1 Dem and 1 GOP retirement), it will be a conservative majority of 1 if Trump gets to fill both of them.


The fact Park is a Korean-American underlines, along with his appointment of Asian-American judges like James Ho (5th Circuit Court of Appeals which includes Texas), and John Nalbandian in the 6th Circuit underlines that Trump is not a racist.
 
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