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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
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#281
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Cloture has been invoked for Daniel Bress: https://twitter.com/SenateCloakroom/...53956940320768
The confirmation vote will be tomorrow: https://twitter.com/SenateCloakroom/...56872103088128 |
#282
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 07-09-2019 at 8:06 AM.. |
#283
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I agree completely about the 9th Circus. And, they can't realistically hold en banc hearings to second guess every conservative ruling. As I understand it, the normal procedure is that every case is heard by a three judge panel. The odds of those three judge panels now including 2 conservatives are way up.
The left will go shopping for a more liberal Appellate Court somewhere.
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USN Veteran, Gun Owners of Calif. Member, NRA Life Member You and I have a rendezvous with destiny. We'll preserve for our children this, the last best hope of man on earth, or we'll sentence them to take the last step into a thousand years of darkness. (Ronald Reagan, 1964) |
#284
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240+ examples of CCWs Saving Lives. |
#285
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16D - 12R active? with 9 - 9 senior |
#286
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https://en.wikipedia.org/wiki/United...ng_nominations
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 07-10-2019 at 11:59 PM.. |
#287
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The 9th circuit court shifting conserative
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#290
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It's on the way, but still a ways from the goal post. I'm hopeful that Trump will get a second term, and really keep this silver ball rolling. Hopefully SCOTUS will see more favorable changes as well; it's about time.
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#291
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Agree. The court appointments, at all levels, are crucial after decades of liberalism.
Some of you, in your role as voters, may not agree with some of Trump's actions, or may not even like him at all. Still, you should vote for him for the reason that his court appointments are now proven and are sterling, no matter what. AND, there is an increasing probability that Ruth Bader Ginsberg, former head counsel of the ACLU and the worst liberal on SCOTUS, will either die or retire in the next 5 years. If you want Bernie or Pocahontas (or worse yet, Kamala Harris) to choose who replaces Ginsberg, then don't vote for Trump. Also, keep in mind that in many cases, some actions Trump has taken are immediately litigated by the ACLU and other liberal groups. This is part of what they call "the resistance".
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USN Veteran, Gun Owners of Calif. Member, NRA Life Member You and I have a rendezvous with destiny. We'll preserve for our children this, the last best hope of man on earth, or we'll sentence them to take the last step into a thousand years of darkness. (Ronald Reagan, 1964) |
#292
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I'm not too worried about other stuff Trump is doing, I ONLY wish he packs as many court judicial positions as he possibly can. Time to turn this steamy cat-box around, and make those libs suffer as we have for so long.
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#293
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The 9th will continue to be the thorn under the blanket for Trump. They exist to block any Trump exec orders.
It would take another 25 years of Trump to clear out the communists there. We will get no relief from them as the next Presidente will stuff them back full of socialists. Splitting that court is the only real world solution. I see no effort to do that. |
#294
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USN Veteran, Gun Owners of Calif. Member, NRA Life Member You and I have a rendezvous with destiny. We'll preserve for our children this, the last best hope of man on earth, or we'll sentence them to take the last step into a thousand years of darkness. (Ronald Reagan, 1964) |
#295
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#296
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The Senate will be taking August recess soon. Still no nominations for the 3 vacant seats yet. O'Scannlain's seat has been vacant for 2 1/2 years....
Anyone know what's the hold up or when Trump & Mitch will get back to filling those vacancies? https://en.wikipedia.org/wiki/United...ng_nominations
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240+ examples of CCWs Saving Lives. |
#297
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Let's hope they can get these filled ASAP. We will have a balanced / conservative 9th once that happens and California will be afraid to defend any of its crazy gun laws in the 9th after that.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#298
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I think it was Sarah Palin who said that she considered waterboarding terrorists equivalent to baptizing them. I liked that.
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Active Army 1976-1986, Army Reserve 2005-2015, Afghanistan 2010-2011 http://www.thepolemicist.net/2013/01...t-for-gun.html https://www.thereligionofpeace.com/ โThis decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.โ - Hon. Roger T. Benitez, United States District Judge, March 29, 2019 |
#299
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Active Army 1976-1986, Army Reserve 2005-2015, Afghanistan 2010-2011 http://www.thepolemicist.net/2013/01...t-for-gun.html https://www.thereligionofpeace.com/ โThis decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.โ - Hon. Roger T. Benitez, United States District Judge, March 29, 2019 |
#300
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It's going to likely take decades before there is any parity in the 9th Circuit let alone a majority of conservative judges.
This conversation has only been about sitting judges and new appointments, which is half the story What most of you are missing is that Circuit judges can choose to become "Senior Judges", which is like working retirement. This means that they still take case loads and sit on panels, which they do with great regularity -but they remain outside the notice of most people. When you include these judges, we still have decades to go. Here's the current official list of all 9th Circuit judges. Note the real balance between Republican vs Democrat appointments. https://www.ca9.uscourts.gov/content..._id=0000000035
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Vae Victis Last edited by CWL; 07-31-2019 at 8:56 PM.. |
#301
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They actually didn't miss that. In fact, senior judges have been discussed here at great length, and if you had read up just a few posts (or counted them yourself) you would see that senior judges are currently equal:
Tenemae: "Which puts the current count at what? 16D - 12R active? with 9 - 9 senior" So no. Your whole statement below is incorrect. Quote:
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#302
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Ever since Nordyke, 2nd A cases routinely go thru en banc panels, so yes, active judges do matter more than senior judges in CA9.
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240+ examples of CCWs Saving Lives. |
#303
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240+ examples of CCWs Saving Lives. |
#304
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Really? Senior judges get to sit on more typical 3-judge panels and this then qualifies them to sit on 11-judge en banc panels.
@mit31, and if you bother to read my earlier posts, you'd understand that the 9th Circuit somehow manages to "randomly" assign disproportionate numbers of Democrat appointees onto panels. So yes, it will still take decades for this to shake out with real parity or even Republican appointees.
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Vae Victis |
#305
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The post that I responded to said nothing about that. It specifically said that because of senior judges we would need decades to get parity, as if the number of senior judges was lopsided. Read your post and tell me how my response was in error.
As far as how senior judges effect cases... again.. if the number is even (which it is), how do they tip parity? You are saying that because the circuit cheats on assignments we wont have parity until when? All judges are conservative and they have no liberals left to select? That is rediculous. Your claim is so broad and unspecific I don't know where to start. How about this... here is a study that addresses this very topic. Wanna have a read and get back to us? http://cornelllawreview.org/files/20....Levyfinal.pdf Excerpt: "The Federal Judicial Center reports that the Ninth Circuit likewise begins with a random assignment process but goes on to consider other factors for the calendar. It notes that in the Ninth Circuit, there is “random assignment of judges by computer to particular days or weeks on the calendar” which is designed to “equalize the workload among the judges . . . [and] to enable each active judge to sit with every other active and senior judge approximately the same number of times over a two-year period[.]” Differing from the other courts mentioned here, the Center reports that the panel assignment procedure of the Ninth Circuit is also meant to “assign active judges an equal number of times to each of the locations at which the court holds hearings.” The study goes on to discuss and dissect how circuits assign panels in practice and why. Would you like to read this and form an opinion on some facts and professional analysis? Your current one is not. Quote:
Last edited by mit31; 08-01-2019 at 10:58 AM.. |
#306
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https://www.courant.com/news/connect...6xy-story.html She's not on CA9 yet, and there are still 2 more openings....
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240+ examples of CCWs Saving Lives. |
#308
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Trump has put forth his nominations for the remaining two Ninth Circuit seats: (1) re-nominated Patrick Bumatay (meh); and (2) nominated young, gun-loving, former NV and MT Solicitor General Lawrence Van Dyke, an avid IDPA shooter.
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#309
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An IDPA guy, they only do 10+1. We need a USPSA guy with the 20+ mag capacity...LOL
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#310
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Some light reading:
https://www.nationalreview.com/bench...rence-vandyke/ Some much lighter reading: https://www.youtube.com/watch?v=cxqjsyfbcd4 |
#311
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#312
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Van Dyke sounds like a great choice. I'll vote Trump again just based on his selection of Jurists. This battle will be won or lost in the courts and I like the nominations I've seen so far (for the most part).
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#313
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Anyway, after these two are seated, what does that put us at? Edit: it's excellent he's got these nominees, but they are replacing other Republicans so it doesn't change the balance.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. Last edited by CCWFacts; 09-20-2019 at 9:00 PM.. |
#314
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Party balance, no. But perhaps it alters the "commitment" balance? Seems like a judge who actively shoots could make a difference once in a while.
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#315
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California just lost a 9th circuit en banc on an abortion issue, with a vote along party lines. At the 11-judge en banc, 7 were Republican (including two Trump appointees) and 4 were Democrats. Basically, the state was just going to lose walking into that. They were thinking they could count on being saved by an en banc but the math is just not in their favor anymore. Or, it's in their favor, but not enough to rely on.
I certainly don't want to get into an abortion discussion in this thread, but just bringing this up to show that the 9th, including en bancs, is no longer a place where this state can count on winning. I can't understand how they can choose to fight gun cases in the 9th at this point. It's all risk for them.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#316
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#317
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Thanks for the updates, CCWF. I had no idea the 9th had turned so much. Undoubtedly after NYSRPA, there will be cases coming up at the DC and CA level based on how that ruling plays out. It'll be an interesting next 3-5 years for 2A cases in the 9th. Fingers crossed it goes 'our' way.
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Hauoli Makahiki Hou ------- |
#319
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(I haven't read the history of that particular case so going on assumptions here...)
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
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