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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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Old 10-21-2019, 7:48 PM
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Default Trump Has an Opportunity With Judicial Appointments - If He'll Take It

This is the Huffington Post article; but, there are plenty of pieces available through Google. It's just that his one includes a copy of the Judge's letter.

In Rare Appeal, Federal Judge Begs Senators To Fill Vacancies On His Court

Quote:
...O’Neill, who is the chief judge on the U.S. District Court for the Eastern District of California, said his court is about to lose the equivalent of one-third of its district judges to retirement in the next three months. Each of the court’s six district judges handles roughly 900 cases at any given time. That’s more than double the national average caseload for district judges, which is 425 cases...

O’Neill is one of the two judges retiring in the coming months. He is taking senior status on Feb. 2, 2020, along with Judge Morrison England Jr., who is taking senior status on Dec. 17, 2019. Senior status is when a judge has worked long enough to take a reduced caseload or retire completely while still receiving a full salary. Neither O’Neill nor England plan to continue working. Both gave more than a year’s notice of their retirement.

The White House, which routinely announces its intent to nominate people to various federal court seats, has not indicated plans to nominate anyone to this court. Typically, the White House works with both of a state’s U.S. senators to pick judicial nominees. President Donald Trump has ignored that tradition with appeals court nominees but mostly stuck to it with district court picks...
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Old 10-21-2019, 7:58 PM
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Well, lets get crackin' Pres. Trump! We need CA courts flipped (as much as that's possible) to conservative and it won't happen by itself.
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Old 10-21-2019, 10:38 PM
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Opportunity knocks, Mr. President!
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Old 10-22-2019, 1:27 PM
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The Donald is doing a great job with court appointments.

Now time to pick up the pace, and make Commyfornia part of the US again.
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Old 10-22-2019, 1:59 PM
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Aren’t the dems bogging down the process if/when he picks?
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Old 10-22-2019, 2:04 PM
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Originally Posted by WeStayClean View Post
Aren’t the dems bogging down the process if/when he picks?
For now, no. The old "blue slip" protocol has been held in abeyance (I guess that sounds better than Rs telling Ds 'screw you') while the President and Senators Grassley and McConnell do their thing. Presidents get the credit, but McConnell and the Federalist Society have had tremendous influence on the courts, including SCOTUS.
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Old 10-22-2019, 9:41 PM
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Where does this take our count to of Commie vs. Constitution loving?
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Old 10-23-2019, 5:39 PM
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Quote:
Originally Posted by USMCmatt View Post
Where does this take our count to of Commie vs. Constitution loving?
Both of those retiring are George W. Bush appointees. So, I doubt the 'count' you are referring to would change.

However, note that there are only six judges for the Eastern District; which is why 2 retiring would reduce the bench by 1/3. It's part of why some 'experts' have been recommending a dividing/split or expansion of the Ninth Circuit.

Insofar as if he'll take advantage, that comes down to a piece of what I quoted in the OP...

Quote:
President Donald Trump has ignored that tradition with appeals court nominees but mostly stuck to it with district court picks...
As George W. Bush appointees, Boxer and Feinstein would have had input; as opposed to Feinstein and Kamala Harris today. What's interesting is something presented by Eugene Volokh in 2014... Federal judge routinely encourages “parties and counsel” to contact Sens. Feinstein and Boxer to address staffing problems

Here is one case example of what he's referring to; it's the first thing you read in the case.

Now, if THAT came from O'Neill, someone Boxer and Feinstein likely had input for, what might result from a recommendation by Harris?

In other words, the 'overwhelming' case load and the problems created by it are a long-standing issue for O'Neill. If the Ninth Circuit needs to be 'expanded/divided,' would you rather have the Trump Administration do it, with McConnell in charge of the Senate, or wait for the next Democrat-controlled Senate and Democrat President?
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