Trump and reshaping the judiciary

owedtojoy

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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.
Trump is only applying the recommendations of the Federalist Society, so it is the right wing ideology they subscribe to that matters, not the skin colour.

Most of that ideology concerns itself with "business friendliness", and smashing worker's rights, health and safety regulation, environmental protection, trade unions and collective bargaining in the interests of Trump's plutocrat backers and their corporate profits.

I am sure they can be relied up to suppress minority voting, and find against women's reproductive health, as well.

Asian-Americans are not particularly impressed by Trump's open-mindedness. He is creating a new generation of Democrat voters.

 


Dame_Enda

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Update. Dan Collins and Michael Park confirmed to 9th Circuit. Dem majority of active judges on the coirt now down to 16-11 with 2 vacancies left to fill (and Trump nominated Daniel Bress to one of those). 21% of the US population is covered by the 9th Circuit, including the entire West coast.
 

owedtojoy

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I wonder if Trump is around for another six years, how much of hard-won LGBTQ rights will be left at the end of it?


Many Democratic senators took issue with Rushing’s past work for Alliance Defending Freedom (a conservative Christian nonprofit that the Southern Poverty Law Center has identified as a hate group) as well as her past opposition to same-sex marriage. Others, like Dick Durbin of Illinois, simply didn’t think that Rushing was qualified for the position.
 

Dame_Enda

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GOP revolt over Trump district court nominee in Michigan.

Conservatives criticise Michael Bogren for comparing a family who didnt allow a gay wedding on their farm to the KKK. Bogren respinds that he was representing a client when he said that.

 
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Dame_Enda

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The anti LGBT judge Matthew Kacsmaryk has been confirmed to a judgeship in Texas despite Senator Susan Collins' opposition.
 

Dame_Enda

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Another vacancy has appeared on the 9th Circuit with Carlos Bea's decision to take Senior Status (semi-retirement). He is a GOP appointee so a replacement wouldnt change the balance of the court, unlike the other vacancy for which Trump has nominated Daniel Aaron Bress in February, whom Dems complain isnt sufficienty linked to California. There hasnt been any progress on Bress's confirmation yet.
 

Dame_Enda

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The Senate has just confirmed Daniel Aaron Bress to the 9th Circuit despite Dem criticism he lives in Virginia, not a 9th Circuit state. The famously liberal court and thorn in Trump's side now has a 16-12 liberal majority of active judges (not including th semi retired Senior Status ones). However the number of retiring GOP judges means Trump is going to have to replace some of them just to maintain this number. There are three more vacancies on the court. Diarmuid O'Scanlainn has assumed Senior Status (semi retirement), Carlos Bea has announced an intention to do so at an undetermined date, while Jay Bybee is taking Senior Status on December 31st 2019. So if he gets their replacements confirmed, it will just bring Trump to 13. However a 16-12 margin gives Trump a decent shot of getting lucky with the outcome of the 3 randomly selected 9th Circuit judges that each case goes to before the court decides whether to hear it with all the available judges.
 
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Dame_Enda

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Some evidence today of how the 9th Circuit is being changed by these appointments.

Today a 3-judge panel of the 9th Circuit upheld a Trump admin decision to withhold COPS (Communited Oriented Policing Grants) from sanctuary cities and states by 2-1. Two of the judges (Sandra Ikuta and Jay Bybee) are GOP appointees and voted on the side of the admin, while the Obama appointee Judge Kim Wardlaw voted against.

Now its true they are not Trump appointees - they are Bush ones. Even so the fact that there are now 12 GOP active judges on the 9th Circuit to 16 Dems has significantly reduced the chance of getting liberal majorities on the panels. Of course its a different story if it goes to a hearing of the full court (an en banc hearing).
 

Dame_Enda

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Republicans may sink a moderate Trump nominee for the Texas-based 5th Circuit Court of Appeals. At issue his 2012 ruling agreeing to Obama admin request to dismiss a challenge by a religious group to the contraceptive mandate of the ACA.
 

Dame_Enda

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Peter Phibbs confirmed to the 3rd Circuit Court of Appeals, which includes Pennsylvania, Delaware and New Jersey. It now has an 8-6 majority of GOP appointees among the "active" members, of which Trump has appointed 4 judges so far. There are no more vacancies on this court at the moment.
 

Dame_Enda

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Trump now focusing on district courts. So far he has appointed 146 judges. There are 3 9th Circuit vacancies presently and pending. The 9th Circuit is currently 16 Dems and 12 GOP active judges, of which Trump has appointed 7. The three vacancies are retiring or in one case retired/semi retired GOP appointed judges, which include of the aforementioned 12. My earlier understanding of the en banc process was mistaken. I think in the 9th Circuit you go through a randomly chosen 3 judge panel, after which you can request an en banc hearing, which I think is 11 random judges in the 9th Circuit. With a 16-12 split, Trump is starting to win some cases in this traditionally hostile court.


 

Dame_Enda

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Controversial rightwing nominee confirmed to the 2nd Circuit Court of Appeals, whose jurisdiction includes the liberal state of New York.

The 2nd Circuit Court of Appeals now has a 7-6 conservative majority.

Menashi is controversial for defending "ethnonationalism" in Israel, and for accusing gays of exploiting the Matthew Shepherd murder, and for criticising the "Reclaim the Night" women's protests against sexual assault in universities, as well as for what the Dems say was his role in trying to deny students debt relief, and alleged role in the family-separation migrants policy.

Comes as another Trump nominee to the already very conservative 5th Circuit Court of Appeals, whose jurisdiction includes Texas, Halil Suleyman Ozerden is criticised as insufficiently conservative (by Senator Ted Cruz) for upholding the Obamacare contraceptive mandate. Looks like his nomination could fall through. He's already a judge in Mississippi.



 
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NYCKY

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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.

Adding a Korean American to the bench is great. It adds to the diversity of the court. It is great to have more minorities in these types of positions so kudos for a more diverse judiciary.
 

O'Sullivan Bere

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Adding a Korean American to the bench is great. It adds to the diversity of the court. It is great to have more minorities in these types of positions so kudos for a more diverse judiciary.
It doesn't mean sh!t if it's merely appointing 'useful idiots' and/or unprincipled 'Toms for Hire' enablers, e.g.,
anthony-hervey.jpg
KarenCooper.jpg

In fact, it's worse because nativist white supremacy enjoys nothing more than getting a target member to 'validate' that sh!t.

For example, Park was counsel for the so-called 'Project on Fair Representation' that sought to add the citizenship question to the Census that was exposed in the evidence for having racist voter suppression, Congressional apportionment and gerrymandering purposes if you recall where Chief Justice Roberts all but called Wilbur Ross a sleazy sinister perjurer regarding the pretexts he offered versus the real motives, and that was without him considering more after-discovered evidence of the same.

Chief Justice John G. Roberts Jr. said Commerce Secretary Wilbur Ross had not given an honest explanation for his decision to make a major change in the census form at a time of heightened fear in immigrant communities. “The sole stated reason” cited by Ross — a need to enforce the Voting Rights Act — “seems to have been contrived,” Roberts said, an unusually pointed rebuke from the court. “The evidence tells a story that does not match the explanation the secretary gave for his decision.”
In his ruling, Roberts made no mention of the new constitutional claims that have been raised in recent weeks in response to documents found in the files of Tom Hofeller, a Republican strategist. Hofeller, who died last year, had advised his clients four years ago that the use of voter data “would be advantageous to Republicans and non-Hispanic whites,” and “would clearly be a disadvantage for the Democrats.” His words came to light recently after his daughter turned over his computer files to lawyers for Common Cause in North Carolina.

Of course, Justice Thomas dissented with sickening toady tripe that goes to my point. I've never had any time for him. Good faith black conservatives are perfectly acceptable and exercising their individual rights to be so. Moderates and liberals have no entitlement to anyone. However, he's long been a 'Tom for Hire' hence why he was also put there for 'Southern Strategy' political purposes and a repudiation and rollback of civil rights icon and first black SCOTUS jurist Justice Thurgood Marshall whom he replaced. He certainly didn't deserve to be there on merit given subpar CV and peer ratings and reputation when nominated. He's also a lazy, incurious and conflicts of interest laden jurist and he and his GOP lobbyist wife have other ethical problems for another discussion.
stephan-thomas-fw1.png

Park was also counsel for 'Students for Fair Representation' that's sought to invalidate considering minority status in college and university admissions (notice the common guise of right wing white supremacy whistling grievance mongering ploys as representing the 'real victims' seeking 'fairness').
 
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owedtojoy

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Adding a Korean American to the bench is great. It adds to the diversity of the court. It is great to have more minorities in these types of positions so kudos for a more diverse judiciary.
"Diversity" is questionable if Republican appointees are all just right-wing Federalist Society ideological clones.

It puts the judiciary seriously out of step with the public, and ultimately discredits the legal system.
 

owedtojoy

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A decision on Trump's taxes will tell whether this is really the Supreme Court of the United States, or an authoritarian Trumpcourt.


The simplest and best action would be for the Court to refuse to hear Trump's petition.
 


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