9th Circuit Court of Appeals watch (judges & composition of CA9, not cases)

[Paladin]

Both Harris and Feinstein were behind the sexual impropriety sandbagging of Kavanaugh. Not only did they FAIL in keeping him off of SCOTUS, they so destroyed any good will between them and Trump that all Repubs are behind him just steamrollering over the Dems to pack the federal judiciary. The Dems have no one to blame but themselves for what they did to Kavanaugh.

If Trump fills all CA9 slots, we'll have 13 Repubs (45%) to 16 Dems (55%). While GOP judges will still be in the minority, for the first time in a long time, CA9 will be close to being "balanced."

President Trump is plowing ahead to fill three vacancies on the liberal 9th Circuit Court of Appeals, brushing aside Democratic resistance to nominate conservative judges.

Presidents traditionally work with senators from judicial nominees' home state -- in this case, California -- to put forward judicial picks. They often seek what's known as a "blue slip," or an opinion from those senators.

But in a snub to California Democratic Sens. Dianne Feinstein and Kamala Harris, the White House announced Wednesday that Trump had nominated Patrick Bumatay, Daniel Collins and Kenneth Kiyul Lee (all from the Golden State, and reportedly all members of the conservative Federalist Society) to the influential circuit. The court, with a sprawling purview representing nine Western states, has long been a thorn in the side of the Trump White House, with rulings against the travel ban and limits on funding to "sanctuary cities."

<snip>

The Sacramento Bee reported that White House officials had been negotiating with Feinstein and Harris about the appointments earlier in the year, but the dialogue collapsed over the summer.

Any working relationship is likely only to have soured further after Harris and Feinstein led the charge on the Senate Judiciary Committee against the confirmation of now-Supreme Court Justice Brett Kavanaugh. In particular, Trump and Republicans accused Feinstein of withholding information about an allegation of sexual assault against Kavanaugh until after the hearings were over. Both Feinstein and Harris voted against Kavanaugh's nomination, joined by all but one Democratic senator.

More at:
https://www.foxnews.com/politics/tru...al-9th-circuit

[Noble Cause]

Originally Posted by Paladin

Both Harris and Feinstein were behind the sexual impropriety sandbagging of Kavanaugh. Not only did they FAIL in keeping him off of SCOTUS, they so destroyed any good will between them and Trump that all Repubs are behind him just steamrollering over the Dems to pack the federal judiciary. The Dems have no one to blame but themselves for what they did to Kavanaugh.

If Trump fills all CA9 slots, we'll have 13 Repubs (45%) to 16 Dems (55%). While GOP judges will still be in the minority, for the first time in a long time, CA9 will be close to being "balanced."

More at:
https://www.foxnews.com/politics/tru...al-9th-circuit

Yep.

Trump is using the Democrats recent malfeasance to bypass the "blue slip"
tradition and appoint conservatives judges to the 9th Circus.

I wonder if this was his plan all along, to wait until the Democrats exposed
their Malicious True Nature, so he could Ignore the Blue Slip and restore
some semblance of balance to the Left Wing 9th.

Getting Exhausted from All This Winning....


Noble

[CCWFacts]

One of his three picks, Patrick Bumatay, is Filipino-American and openly gay. Senator Feinstein's office just released this statement:

The people of California value diversity and we celebrate President Trump's nomination of the first openly gay judge on the 9th Circuit. Judge Bumatay brings needed diversity to the court, as a Filipino-American and a sexual minority. Diversity makes us stronger and will lead to better opinions from the court by making the court look more like California.

Oh wait, no, she didn't make a statement like that. I made that up. What she really said was how terrible Trump is for not working with her, after the crazy tricks she used to try to derail the Kavanaugh confirmation.

[aklon]

Originally Posted by CCWFacts

Article in the LA times today.

“I repeatedly told the White House I wanted to reach an agreement on a package of 9th Circuit nominees, but last night the White House moved forward without consulting me, picking controversial candidates from its initial list and another individual with no judicial experience who had not previously been suggested," Feinstein said in a statement.

A. Didn't all the Dems go on record saying they would never ever approve any of Trump's court picks?

B. After Feinstein's display of "good faith" during the Kavanaugh hearings, she has no credibility left in anything.

The very cheek of this woman is breathtaking. That this scurrilous old hag still believes her opinion is to be seriously considered is evidence she's gone daft.

[Blade Gunner]

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[Go Navy]

Originally Posted by Blade Gunner

https://www.google.com/amp/s/www.fox...th-circuit.amp

Looks like there might be a ray of hope

AND, one of the 15 went on the 9th Circus. Trump has three more nominated for the 9th Circus and the plan is to get those done during the lame duck session.

[Go Navy]

Originally Posted by aklon

A. Didn't all the Dems go on record saying they would never ever approve any of Trump's court picks?

B. After Feinstein's display of "good faith" during the Kavanaugh hearings, she has no credibility left in anything.

The very cheek of this woman is breathtaking. That this scurrilous old hag still believes her opinion is to be seriously considered is evidence she's gone daft.

Affirmative to all that! All the Senate Dems said they'd vote against Kavanaugh BEFORE the confirmation hearings even began, before the phony, unsupported sexual assault charges drifted in at the 13th hour. Then they griped that the Repubs were moving too fast, and that they, the Dems, wanted more documentation. If you've already decided to vote NO, then none of that matters!

Schumer has really overplayed his hand on this one. And the other Dem senators, with the exception of Joe Manchin, have no cajones at all.

As to Pocahontas, she is completely off the planet.

[homelessdude]

Lets hope it helps in next months election. Please everyone vote. It's that important.

[Paladin]

The 9th U.S. Circuit Court of Appeals has jurisdiction over California and eight other Western states that together represent over 20 percent of the U.S. population – more than any other circuit court. Again, Democratic appointees are firmly in control, with 16 judges, compared to seven appointed by Republicans.

Even when conservatives have won cases decided by a three-judge panel in the 9th Circuit Court of Appeals – such as the Peruta decision that said that people have a constitutional right to protect themselves with firearms outside their homes – California appealed the decision to a larger panel of 11 judges in the circuit. This is called an en banc decision.

Not surprisingly, liberals had a solid majority on the panel and overturned the earlier decision of the judges who were assigned to the case.

If President Trump were to fill all existing vacancies on the circuit courts of appeals, the only circuit that he could move from the control of Democratic appointees to even a tie would be the 3rd Circuit Court of Appeals.

If Democrats take control of the Senate following the midterm elections next month, they are promising to bring judicial confirmations to a halt.

Five of the Democratic appointees on the 9th Circuit Court of Appeals are over 70 years old, but to flip the court Trump would have to fill all of the current vacancies and four of these older judges would have to retire.

Nine circuit court judges who were nominated by Democrats are over 75 years old. In a second Trump term, Republicans might be able to flip one of the circuit courts – the 4th Circuit.

More at:
https://www.foxnews.com/opinion/supr...n-is-elsewhere

[CCWFacts]

That's good news!

Five of the Democratic appointees on the 9th Circuit Court of Appeals are over 70 years old, but to flip the court Trump would have to fill all of the current vacancies and four of these older judges would have to retire.

It's expected the GOP will keep the Senate after November. This will be great. Even if Trump can get the 9th to be balanced, it will make that too risky for the liberals to want to fight 2A cases there.

[Go Navy]

An excellent summary, Paladin. Hard facts are what is needed here.

Now, does one vote against Feinstein due to her shameless maneuverings against Kavanaugh, only to end up with another Democrat senator who is more liberal than her?

[mit31]

Feinstein and Deleon are like Hillary and Bernie. You may hate one more than the other, but which will do more damage?

Originally Posted by Go Navy

An excellent summary, Paladin. Hard facts are what is needed here.

Now, does one vote against Feinstein due to her shameless maneuverings against Kavanaugh, only to end up with another Democrat senator who is more liberal than her?

[phdo]

Originally Posted by Go Navy

Now, does one vote against Feinstein due to her shameless maneuverings against Kavanaugh, only to end up with another Democrat senator who is more liberal than her?

Picking between Feinstein and De Leon is like picking between two piles of ****. The only difference is the appearance and the smell.

[Paladin]

Originally Posted by CCWFacts

One of his three picks, Patrick Bumatay, is Filipino-American and openly gay. ...

Re. the other two picks:

Trump’s two other Ninth Circuit nominees announced late Wednesday by the White House are Daniel Collins, a Los Angeles attorney and former federal prosecutor who also served in Bush’s Justice Department, and Kenneth Lee, a Los Angeles lawyer who worked in the White House Counsel’s office in the Bush administration.

Lee represented the White House in congressional and other government investigations, according to the Judicial Crisis Network, a conservative organization that supports Trump. The network said both Lee and Bumatay are affiliated with the conservative Federalist Society.

From: https://www.sfchronicle.com/news/art...s-13300981.php

Originally Posted by Go Navy

Trump has three more nominated for the 9th Circus and the plan is to get those done during the lame duck session.

Source?

[Paladin]

Originally Posted by Go Navy

Now, does one vote against Feinstein due to her shameless maneuverings against Kavanaugh, only to end up with another Democrat senator who is more liberal than her?

That's a very important question, but this is the wrong thread for hashing it out. If you find an appropriate thread for discussing that, or start a new one re. that, please post the link to it here so more will see.

[pacrat]

https://www.msn.com/en-us/news/polit...L&ocid=U143DHP

[OCEquestrian]

Originally Posted by CCWFacts

One of his three picks, Patrick Bumatay, is Filipino-American and openly gay. Senator Feinstein's office just released this statement:

The people of California value diversity and we celebrate President Trump's nomination of the first openly gay judge on the 9th Circuit. Judge Bumatay brings needed diversity to the court, as a Filipino-American and a sexual minority. Diversity makes us stronger and will lead to better opinions from the court by making the court look more like California.

Oh wait, no, she didn't make a statement like that. I made that up. What she really said was how terrible Trump is for not working with her, after the crazy tricks she used to try to derail the Kavanaugh confirmation.

She wont like him....

The White House said Patrick Bumatay is a member of the Tom Homann LGBT Law Association, which describes itself as an organization where gay, lesbian, bisexual and transgender lawyers in San Diego “network, build friendships and develop their careers.”

BuzzFeed News reported that Bumatay, if confirmed, would be the second openly gay federal appeals court judge in the nation.

Bumatay is on assignment in the Justice Department as a counselor to Attorney General Jeff Sessions. He is editor of a conservative legal journal at Harvard Law School and also worked in the Justice Department under President George W. Bush before becoming an assistant U.S. attorney in 2012.

Trump’s list of judicial nominees — since he took office in January 2017 — has included one lesbian, Mary Rowland, a federal magistrate nominated to the U.S. District Court in Illinois. President Barack Obama appointed 11 gay or lesbian judges in his two terms.

“The decision to move forward with these nominees without consultation or responding to my acceptance of the White House offer reflects President Trump’s desire to remake the court,” Feinstein said in a statement. She referred to the three nominees as “controversial,” but it’s not clear what she or other Democrats could do to block their confirmation.

[Cincinnatus]

The Ninth Circus is headquartered in San Franfrisky, but (we all know) that it covers multiple states and territories.

Feinstein & Harris thought they could block by blue-slipping the candidates they don't like... Turns out that senators from other Ninth Circus states decided to ignore DiFi & Kammie (Kommie??) and get the jobs done. on, my dudes/dudettes!!!

[Silent Pulse]

Is it possible for the linked thread to merge with this one? http://www.calguns.net/calgunforum/s....php?t=1485834

Discussion about the 3 judges by Guns & Gadgets.

[Paladin]

Trump is still President (Executive branch). The GOP gained seats in the Senate (the upper house of the Legislature). Both those mean the Trump Train will keep on rolling and filling up more and more federal district judgeships, appellate judgeships and, Lord willing, Supreme Court justiceships(?)!

All in all, we had a good night. The much ballyhooed “blue wave” was closer to a ripple than a tidal wave.

March on!

[phdo]

Maybe Trump foresaw Newsom taking CA so he’s trying to stack the 9th so we have a fighting chance.

[Blade Gunner]

Originally Posted by phdo

Maybe Trump foresaw Newsom taking CA so he’s trying to stack the 9th so we have a fighting chance.

The ninth circus and SCOTUS are our immediate concerns, so two more years of pro 2A appointments help.


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[homelessdude]

Trump should fill every open judge seat in the country in the next two years. We should head into 2020 with no vacancies.

[Blade Gunner]

Originally Posted by homelessdude

Trump should fill every open judge seat in the country in the next two years. We should head into 2020 with no vacancies.

^^^^***This^^^**^*


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[phdo]

Originally Posted by homelessdude

Trump should fill every open judge seat in the country in the next two years. We should head into 2020 with no vacancies.

I don't see why not. We still control the Senate.

[Paladin]

There had been only 2 judges awaiting confirmation to CA9: Miller for WA and Bade for AZ.

But after today, there are 3 more -- all for CA!

Daniel P. Collins for CA
Patrick J. Bumatay for CA
Kenneth K. Lee for CA.

That leaves only 1 seat open, in OR.

https://en.wikipedia.org/wiki/United...ng_nominations

While I believe Grassley and McConnell will get the first two confirmed before the New Year, I don't know the schedule for the others. Since they were nominated before this Senate, do they have to be confirmed/rejected by this Senate? or can their confirmation process continue on after the new Senate is seated in January?

ETA: the real question is will all 5 be seated in time for them to help us with the 2nd A cases now before CA9? I'm tired, but I think there's Young and Nichols. Any others?

[Blade Gunner]

Originally Posted by Paladin

There had been only 2 judges awaiting confirmation to CA9: Miller for WA and Bade for AZ.

But after today, there are 3 more -- all for CA!

Daniel P. Collins for CA
Patrick J. Bumatay for CA
Kenneth K. Lee for CA.

That leaves only 1 seat open, in OR.

https://en.wikipedia.org/wiki/United...ng_nominations

While I believe Grassley and McConnell will get the first two confirmed before the New Year, I don't know the schedule for the others. Since they were nominated before this Senate, do they have to be confirmed/rejected by this Senate? or can their confirmation process continue on after the new Senate is seated in January?

ETA: the real question is will all 5 be seated in time for them to help us with the 2nd A cases now before CA9? I'm tired, but I think there's Pena, Young and Nichols. Any others?

I believe their confirmation process continues from the current senate to the new senate.

[CCWFacts]

Originally Posted by homelessdude

Trump should fill every open judge seat in the country in the next two years. We should head into 2020 with no vacancies.

I HAVE A DREAM!

The other side will stop fighting these court battles if that happens.

[Go Navy]

I'm really pleased that the President is moving ahead with nominees to the 9th Circus. It is the most overturned Federal Appeals court in the nation; in short, it is a rogue court. Liberals who go shopping for a favorable jurisdiction prefer the 9th Circus.

As to DiFi: you disgraced yourself and forfeited your credibility, so you lose influence. Welcome to the real world.

These appointments are going to keep the MeToo movement really busy, since all of Trump's nominees must be guilty of something. Their high school yearbooks must be scrutinized, too.

[wolfwood]

Flanagan v Harris the NRA's carry case is up on appeal

Ares Armor's opening brief is getting filed in two days

That is all I can think of

[Paladin]

Well, optimism re. those CA9 nominees didn't last long....

Retiring Arizona Republican Sen. Jeff Flake on Wednesday vowed to pull support for all federal judicial nominees -- including 21 pending in the Judiciary Committee and 32 awaiting a vote on the Senate floor -- unless the Senate's GOP leadership permits consideration of legislation to expand protections for Special Counsel Robert Mueller's job.

The dramatic move by Flake, considered a potential primary challenger to President Trump in 2020, came immediately after Senate Majority Leader Mitch McConnell blocked his effort to introduce the bill for consideration by unanimous consent, which requires the approval of all 100 senators.

McConnell said the legislation, also backed by Delaware Democratic Sen. Chris Coons, is unnecessary because Trump has not suggested he will fire Mueller.

"Sen. Coons and I are prepared to make it again and again until there is a vote on this vital, bipartisan legislation on the Senate floor," Flake said in a speech just weeks before his imminent retirement. "And I have informed the majority leader I will not vote to advance any of the 21 judicial nominees pending in the Judiciary Committee or vote to confirm the 32 judges awaiting confirmation on the Senate Floor until S. 2644 is brought to the full Senate for a vote."

More at: https://www.foxnews.com/politics/fla...on-legislation

[pacrat]

Originally Posted by Paladin

Well, optimism re. those CA9 nominees didn't last long....

More at: https://www.foxnews.com/politics/fla...on-legislation

Yep, the whiney RINO who sandbagged the Kavanaugh confirmation. That was appointed to replace the dead whiney RINO. Shows his true leftist leanings again, and again.

[Blade Gunner]

Originally Posted by pacrat

Yep, the whiney RINO who sandbagged the Kavanaugh confirmation. That was appointed to replace the dead whiney RINO. Shows his true leftist leanings again, and again.

Flake flakes out. 53-47 senate in 2019. McConnell will just get them approved next year.


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[isntzen]

Originally Posted by pacrat

Yep, the whiney RINO who sandbagged the Kavanaugh confirmation. That was appointed to replace the dead whiney RINO. Shows his true leftist leanings again, and again.

Flake doesn't lean left or right.
He is simply a puppet.

[Go Navy]

Originally Posted by Paladin

Well, optimism re. those CA9 nominees didn't last long....

More at: https://www.foxnews.com/politics/fla...on-legislation

The left is now establishing another myth: that Trump is going to fire Mueller because Trump appointed an acting Attorney General. It's all nonsense. But they make it seem real by proposing that Congress pass a law to protect Mueller.

And by the way, we need someone trustworthy to run Justice until a new AG gets confirmed. Remember, according to Obama and Holder, you are all guilty of systemic racism....you just don't realize it.

Schumer is threatening to attach Mueller protection to the gov't funding bill of all things. Amazing that the Senate Dems re-elected Schumer as Senate Minority Leader.

It's a very bad idea. Mueller is almost finished according many reports. Let him finish and submit his report. If he can't be fired, he could do anything. The Dems want the investigation to continue indefinitely. All top officials in the executive branch are and should be subject to serving at the pleasure of the President. It has always been that way for good reason.

Across the holidays, the Congress will be in session a short while. Hold off on the confirmation votes until January if necessary.

[mshill]

Originally Posted by Paladin

Well, optimism re. those CA9 nominees didn't last long....

More at: https://www.foxnews.com/politics/fla...on-legislation

Flake is the worst kind of politician. I can hardly believe that the state of Arizona has elected such a spineless dweeb like Flake, and now they went and elected a straight up socialist in Kirsten Senima (sp?). My sister in Gilbert, who I just visited a couple weeks ago, is pissed that she won.

[Go Navy]

Originally Posted by mshill

Flake is the worst kind of politician. I can hardly believe that the state of Arizona has elected such a spineless dweeb like Flake, and now they went and elected a straight up socialist in Kirsten Senima (sp?). My sister in Gilbert, who I just visited a couple weeks ago, is pissed that she won.

Watch for this: Sen John Kyl (R), who was appointed by the Gov. of Arizona to replace McCain, wants to quit before the term expires in 2020. He wants the Gov. to appoint McSally (R) to replace himself-Kyl and serve out the McCain term. That would set up McSally to get elected in 2020 for a six year term. She would not be running against Socialist Simena (sp?).

My guess is that this is a pre-baked maneuver for McSally in case she lost, and she just barely lost, so a lot of Arizona citizens like her.

[mshill]

Originally Posted by Go Navy

Watch for this: Sen John Kyl (R), who was appointed by the Gov. of Arizona to replace McCain, wants to quit before the term expires in 2020. He wants the Gov. to appoint McSally (R) to replace himself-Kyl and serve out the McCain term. That would set up McSally to get elected in 2020 for a six year term. She would not be running against Socialist Simena (sp?).

My guess is that this is a pre-baked maneuver for McSally in case she lost, and she just barely lost, so a lot of Arizona citizens like her.

That may be genius. At the very least they know which way Sinema leans, unlike Flake and McCain.

[Iktomi]

Originally Posted by isntzen

Flake doesn't lean left or right.
He is simply a puppet.

The real question with Flake is who has their hand up his ***** at any given moment.

[CCWFacts]

Trump is personally aware of the misconduct (ok, I would choose some other stronger words) of the 9th circuit:

In lengthy and fiery comments to reporters outside the White House on Tuesday, President Trump excoriated the liberal-leaning Ninth Circuit Court of Appeals as a "disgrace" hours after an Obama-appointed federal judge there issued a nationwide injunction against his newly announced emergency restrictions on asylum claims.

This judge doesn't even understand that America has sovereignty and the power of a sovereign nation to decide who gets in is an absolute power, beyond review, and no one has standing to challenge that power. Trump gets this. Let's hope Trump will push these nominations through.