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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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  #81  
Old 11-20-2018, 4:32 PM
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^^^Good post. I caught his interview outside the WH.

These Obama appointed Leftist's don't care what's best for America. It's an all out Anti Trump 9th Circus Court.

Remember the "blue slips" the Dems tried to play? Trump was having none of that. It will take time to flip this Court. We need a second term, and 1 more Conservative
Scotus pick.


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Last edited by PatC415; 11-20-2018 at 5:35 PM..
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  #82  
Old 11-20-2018, 6:32 PM
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https://www.law.cornell.edu/uscode/text/8/1158#

Quote:
(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.
DOJ is going to have to argue that the "may apply" language would cause an automatic denial if not at an official port of entry. Good luck on that as it was not Congress' intent via the law.

Trump loses this one as it's a specific carve out for peoples literally fleeing persecution. Not that the caravans actually are such, but the DOJ will have to make that case.

Last edited by Robotron2k84; 11-21-2018 at 10:08 AM..
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  #83  
Old 11-21-2018, 12:46 PM
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The federal courts haven’t had this many vacancies – 136 – in over 20 years. Despite a very high number of judges already appointed and confirmed, vacancies have increased by 13 percent since President Trump took office.

<snip>

Now, there is speculation that Congress will go into recess sooner than its original date of Dec. 14. Lawmakers could go home as early as Dec. 7. If they recess sooner than planned, up to seven pending circuit court and 40 district court nominees would not get confirmed by this Congress.

Senate Majority Leader Mitch McConnell, R-Ky., has indicated that filling judicial vacancies is his top priority. As far back as May he said that he’d keep the Senate in session through New Year’s Eve to confirm judges. The American people need him to follow through on his commitment.

The Senate needs to stay in session to do its part to replenish a depleted system that is also rampant with judicial activism. The 47 judges the Senate could confirm this session would fill more than a third of the existing vacancies. That’s a pretty good chunk.

Confirming that many more judges will only get harder as senators eyeing 2020 feel politically obliged to double down on the kind of obstructionism that has marred so much of the judicial confirmation process over the past two years.
More at: https://www.foxnews.com/opinion/amer...ton-and-fix-it
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  #84  
Old 11-21-2018, 8:00 PM
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Originally Posted by Paladin View Post


Considering the GOP majority in the Senate has increased, and McConnell doesn’t have to deal with Jeff Flake(out), waiting for the new senate to be convened next year, might make more sense.


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  #85  
Old 11-21-2018, 8:13 PM
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Originally Posted by Blade Gunner View Post
Considering the GOP majority in the Senate has increased, and McConnell doesn’t have to deal with Jeff Flake(out), waiting for the new senate to be convened next year, might make more sense.
We, esp in CA9, want Trump to fill these openings ASAP so that some sanity is imposed upon the PRK....
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  #86  
Old 11-21-2018, 8:20 PM
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Originally Posted by Paladin View Post
We, esp in CA9, want Trump to fill these openings ASAP so that some sanity is imposed upon the PRK....


It’s Christmas, the time of miracles, so be of good cheer.


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  #87  
Old 11-27-2018, 8:46 PM
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I heard on the radio that, behind the scenes, there's some horse trading taking place between Dem & RINO Senators and the GOP Senate leadership (e.g., McConnell), protecting the Mueller investigation in exchange for pushing through all the remaining federal judicial nominees Trump has made for this year.

FWIW, Hyde-Smith is thought to have won in Mississippi, so the Repubs should have a 53 to 47 majority (plus the VP), in the Senate for 2019 through 2020. https://www.foxnews.com/politics/pol...smith-and-espy
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  #88  
Old 11-27-2018, 10:37 PM
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Not surprising. Rhino Senators up for re-election in 2020 don’t want to suffer what happened in the house if they can avoid it. They’ll get their long term goal of a balanced judiciary. Whatever Trump’s problems are with Mueller, they’re his problems. Don’t expect loyalty in politics. It’s a blood sport.


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  #89  
Old 11-28-2018, 7:10 AM
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“I think we’ll have probably more time for nominations in the next Congress than we’ve had in this one, because the areas of legislative agreement will be more limited between a Democratic House and a Republican Senate,” McConnell told a Washington news conference. “I don’t think we’ll have any trouble finding time to do nominations.”

McConnell has already led the Senate to confirm two Supreme Court appointments, 29 circuit appeals judges — the courts directly below the Supreme Court — and 53 district court judges.

The average age of Trump’s circuit court nominees is 49, relatively young for judges and ensuring the nominees’ lifetime appointments will last even longer

“We intend to keep confirming as many as we possibly can for as long as we’re in a position to do it,” McConnell said.

There are still 11 vacancies for appeals court judges, with three nominees pending. Six of those vacancies and all three nominees are for seats on the Ninth Circuit Court of Appeals, an expansive court that covers much of the Western United States and has stymied some of Trump’s executive orders.

There are 111 vacancies on district courts around the country with 48 nominees pending.

<snip>

Democrats, including Sen. Dianne Feinstein, D-California, have accused McConnell and Senate Judiciary Chairman Chuck Grassley, R-Iowa, of “breaking every norm to stack the courts with young, ideological nominees.”

Among Democrats’ complaints are that Trump is not honoring the blue-slip process, when the home-state senators of a possible judicial nominee indicate their support before a nomination is announced.

Democrats are also troubled about Republicans are holding confirmation hearings while the Senate is not in session.. The GOP held two such sessions last month.

The three circuit court nominees currently pending are all from California for the Ninth Circuit Court of Appeals, and neither Feinstein nor Sen. Kamala Harris, D-California, returned blue slips for any of the nominees.

Caroline Fredrickson, president of the American Constitution Society, a progressive legal organization, said stopping McConnell’s priorities would now have to wait until 2020, when a Democratic president or Senate majority could be elected. About all Democrats can do right now is try to delay judicial appointments.
More at:
https://www.mcclatchydc.com/news/pol...221282275.html
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  #90  
Old 11-28-2018, 11:02 PM
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The Senate Judiciary Committee has canceled a Thursday vote on more than 20 federal judge nominations amid a standoff between Republican Sen. Jeff Flake and GOP leaders over legislation to protect special counsel Robert Mueller.

The Arizona senator, who is retiring from Congress, is a frequent critic of President Donald Trump. Flake has said he won't vote for any federal judges until Senate Majority Leader Mitch McConnell holds a Senate floor vote on the special counsel bill. The Judiciary panel, with an 11-10 Republican majority, doesn't have enough votes to advance nominees without Flake's support.

Confirming more judges before the end of the year is a top priority for McConnell, but he hasn't budged in his opposition to the special counsel bill, which he says is unnecessary.
More at: https://www.nbcconnecticut.com/news/...501496691.html
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  #91  
Old 11-29-2018, 5:59 AM
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Originally Posted by Blade Gunner View Post
Not surprising. Rhino Senators up for re-election in 2020 don’t want to suffer what happened in the house if they can avoid it. They’ll get their long term goal of a balanced judiciary. Whatever Trump’s problems are with Mueller, they’re his problems. Don’t expect loyalty in politics. It’s a blood sport.
House was won with the help of Russian hysteria and undermining of Trump.

Those up for reelection in 2020 would be idiots to think that undermining Trump will help them in the least.
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  #92  
Old 11-29-2018, 10:39 AM
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Originally Posted by Paladin View Post
That's smart since next year Flake is out, GOP is +2 seats, so it will be easier get it done starting in January.
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  #93  
Old 11-30-2018, 4:41 PM
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That Russian hysteria sure has resulted in a lot of “found guilty” and “pled guilty” charges..

Anyway, I just came here to see if people are going to be rooting for the 9th when Trumps bump stock ban and confiscation shows up in a few weeks. It’s kind of strange to be rooting for the 9th when Trump is in power and against them with Obama was..
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  #94  
Old 11-30-2018, 7:50 PM
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Originally Posted by Freedom2a View Post
That Russian hysteria sure has resulted in a lot of “found guilty” and “pled guilty” charges..

Anyway, I just came here to see if people are going to be rooting for the 9th when Trumps bump stock ban and confiscation shows up in a few weeks. It’s kind of strange to be rooting for the 9th when Trump is in power and against them with Obama was..
What do you mean, "rooting for the 9th"?
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  #95  
Old 12-02-2018, 10:28 AM
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Originally Posted by Freedom2a View Post
That Russian hysteria sure has resulted in a lot of “found guilty” and “pled guilty” charges..

Anyway, I just came here to see if people are going to be rooting for the 9th when Trumps bump stock ban and confiscation shows up in a few weeks. It’s kind of strange to be rooting for the 9th when Trump is in power and against them with Obama was..
Mr Low Post Count (8 posts at this time), you already started a thread about Trump's bumpstock ban: https://www.calguns.net/calgunforum/....php?t=1493169

Don't threadjack this thread, which is about:
Quote:
Originally Posted by Paladin View Post
Since we already have a "SCOTUS watch" (http://www.calguns.net/calgunforum/s...1#post21060351), I thought I'd start one for CA9 since most RKBA cases don't make it to SCOTUS. (Yeah, understatement of the year...) Just post any news/rumors in the press re. appointments/retirements/public statements (re. the 2nd A RKBA), by nominees or judges for CA9 with a link.
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  #96  
Old 12-02-2018, 2:30 PM
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I don’t care what it takes.. judicial appointments are the only thing that matters for 2A in California.
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  #97  
Old 12-02-2018, 3:37 PM
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Quote:
Originally Posted by Freedom2a View Post
That Russian hysteria sure has resulted in a lot of “found guilty” and “pled guilty” charges..

Anyway, I just came here to see if people are going to be rooting for the 9th when Trumps bump stock ban and confiscation shows up in a few weeks. It’s kind of strange to be rooting for the 9th when Trump is in power and against them with Obama was..
Ok, you're an anti-Trump guy. Trump isn't going to enact laws by himself, and he's not going to support what you call "confiscation".

No gun owner who is paying attention is going to be rooting for the 9th Circus; they are consistently anti-2A and that is indisputable. Trump will appoint some conservatives to the 9th, and the Repub majority will confirm them. This will get done before the 2020 elections.

You can vote for Kamela Harris for President in the 2020 elections.
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  #98  
Old 12-07-2018, 7:17 AM
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Looks like that's it for the year as far as getting new Trump judges on the federal bench.... Flake lives up to his name. He won't get his Special Counsel bill voted on, so we won't get our RKBA defending judges. Things are dead until after the new Senate convenes.

https://www.cnn.com/2018/12/05/polit...ake/index.html
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Old 12-07-2018, 10:00 AM
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Originally Posted by Paladin View Post
Looks like that's it for the year as far as getting new Trump judges on the federal bench.... Flake lives up to his name. He won't get his Special Counsel bill voted on, so we won't get our RKBA defending judges. Things are dead until after the new Senate convenes.

https://www.cnn.com/2018/12/05/polit...ake/index.html


All very true. Hopefully McConnell will move swiftly on these appointments with a new reliable Senate majority.


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Old 12-16-2018, 8:27 AM
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Originally Posted by Blade Gunner View Post
All very true. Hopefully McConnell will move swiftly on these appointments with a new reliable Senate majority.
I sure hope so. We never know when Trump may leave office....

From Dec 12th:
https://video.foxnews.com/v/59787684...#sp=show-clips
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  #101  
Old 12-17-2018, 1:38 PM
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I sure hope so. We never know when Trump may leave office....
I would trust Pence to nominate decent judges.
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  #102  
Old 12-18-2018, 3:40 PM
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Quote:
Originally Posted by Freedom2a View Post
That Russian hysteria sure has resulted in a lot of “found guilty” and “pled guilty” charges..

Anyway, I just came here to see if people are going to be rooting for the 9th when Trumps bump stock ban and confiscation shows up in a few weeks. It’s kind of strange to be rooting for the 9th when Trump is in power and against them with Obama was..
None dealing with Russia.
You're delusional if you think the 9th Circuit will put a stop to a bumpstock ban.
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  #103  
Old 01-04-2019, 4:09 PM
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FWIW, a few days ago I read an article that said McConnell and Graham (the new head of the Judiciary Cmte), will get right back to pushing through Trump judges once Trump submits them (or resubmits them if they didn't get confirmed last term). To refresh your memories, Trump has filled most of the CAs that had open seats, so CA9 will be dealt with this term, esp now that the GOP has 53 senators....

After the way the Dems treated Kavanaugh, I don't expect much deference to be given to Feinstein and Harris....
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Last edited by Paladin; 01-04-2019 at 4:17 PM..
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  #104  
Old 01-05-2019, 7:15 AM
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Agree with Paladin's prediction. I hope the Repubs aren't scared off by the kangaroo court the Dems inflicted on Kavanaugh.

Let the Dems try to do it again; they'll alienate more Americans. Let the President nominate another good conservative to the high court when the opportunity arrives.

Unlike any previous Presidential candidate he laid out his short list before he was elected, and it is an outstanding list. The left tried to suggest it is somehow sinister since the Federalist Society helped prepare it, and the now-liberal American Bar Assn. was not consulted. I'm glad they were not.
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Old 01-05-2019, 8:04 AM
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I see I forgot to post the most important part: barring some unforeseen event (e.g., a new opening on SCOTUS), the Republicans expected Trump to submit/resubmit those nominees and the Judiciary Committee to start/restart hearings on them BEFORE the end of this month!

Last edited by Paladin; 01-05-2019 at 8:30 AM..
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  #106  
Old 01-05-2019, 10:32 AM
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Alert newswatchers may be aware that, when Justice Ginsberg fell and broke ribs recently, they discovered a tumor(s) in her lung. She has a complicated health history and this was not good news for her. I'm wishing her well, but it is possible that seat might open up in the next couple of years.

However, whether or not that happens, the President will have many District and Appellate Federal bench appointments, including the notorious 9th Circus.
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Old 01-05-2019, 10:50 AM
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Look at this! https://tucson.com/news/local/th-cir...c80-dd87493247

The 9th needs to be filled with President Trumps nominees ASAP.
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I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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  #108  
Old 01-05-2019, 10:59 AM
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Look at this! https://tucson.com/news/local/th-cir...c80-dd87493247

The 9th needs to be filled with President Trumps nominees ASAP.
Link doesnt work
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Old 01-05-2019, 11:24 AM
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Link doesnt work
I dont know why. Search 9th circuit to rehear ballot harvesting. They dont like the good ruling that ballot harvesting is wrong. Just like what happened on many cases decided by the constitutionalists or conservative judges.
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I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?
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Old 01-05-2019, 11:34 AM
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Originally Posted by anthonyca View Post
Look at this! https://tucson.com/news/local/th-cir...c80-dd87493247

The 9th needs to be filled with President Trumps nominees ASAP.
Try this
https://tucson.com/news/local/th-cir...7493247a7.html
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  #111  
Old 01-05-2019, 1:09 PM
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IIRC, last year it took most of the year for Trump to get his CA9 judges approved. This case might be too far along for them at CA9 and we'll have to count on SCOTUS to uphold it.
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Old 01-09-2019, 10:25 AM
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Judicial Nominations Update

<snip>

71 judicial nominations were returned to the White House last week upon the expiration of the 115th Congress. The returned nominations included 12 circuit court and 59 district court nominations.

Because Democrats required cloture votes for the lion’s share of President Trump’s judicial nominees the last two years, there are now substantially more judicial vacancies than there were on Inauguration Day. At the beginning of the Trump presidency, there were 17 circuit court vacancies and 108 district/specialty court vacancies, for a combined total of 125 vacancies. That number has since ballooned to 162 vacancies, with 15 circuit court vacancies and 147 district/specialty court vacancies today.

The White House will now begin the process of re-nominating individuals for these vacancies. Those who had nominations hearings in 2017 or 2018 will not require new hearings but they will need to be voted out of Senate Judiciary Committee again, which will require additional Committee time for processing nominees.

An increased GOP margin in the Senate in a divided Congress presents a unique opportunity to prioritize the courts, and make an even greater impact on the federal judiciary these next two years than the last Congress. Several circuits—including the Second, Third, Fourth, and Eleventh—are very close to flipping from majority Democrat-appointed to majority Republican-appointed.
More at: https://www.nationalreview.com/bench...ons-update-35/
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Old 01-22-2019, 6:04 PM
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President Trump announced Tuesday his intent to renominate 51 of his judicial nominees, who didn’t see confirmation votes during the last Congress and whose nominations had expired at the end of last year.

Out of the 51 picks for the federal bench, nine were for federal circuit court vacancies including Neomi J. Rao, who was tapped to fill Justice Brett M. Kavanaugh’s old seat on the D.C. Circuit.

Liberal groups have already vowed to oppose her nomination.

Ms. Rao, who works in the White House budget office, came under scrutiny after several news outlets reported earlier this month about college writings in which she defended white men, suggested intoxicated women are partly to blame for sexual assaults, and said LGBTQ issues were “trendy” political movements.

<snip>

Carrie Severino, chief counsel for the conservative Judicial Crisis Network, said the attacks against Ms. Rao are “absurd,” adding she’s extremely qualified for the federal judgeship.

“She’s an accomplished professional lawyer who has served in two administrations at high levels, she’s been an assistant professor of law and she clerked for Justice [Clarence] Thomas at the Supreme Court. Further, she is a national expert on administrative law and that’s the most important part of the D.C. Circuit docket, so her qualifications are unparalleled,” Ms. Severino said.

In addition to Ms. Rao, other federal appeals court picks include: Allison Jones Rushingfor the 4th Circuit, Chad A. Readler for the 6th Circuit, Michael H. Park for the 2nd Circuit, Eric E. Murphy for the 6th Circuit, Eric D. Miller for the 9th Circuit, Paul B. Matey for the 3rd Circuit, Joseph F. Bianco for the 2nd Circuit, and Bridget S. Bade for the 9th Circuit.
More at: https://www.washingtontimes.com/news...dicial-nomine/
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Old 01-22-2019, 9:37 PM
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Eric Miller - https://www.nationalreview.com/bench...s-eric-miller/ a hint:
Quote:
Miller is listed as an expert for the Federalist Society, and has spoken on panels about litigation before the Supreme Court.
Bridget Bade - https://vettingroom.org/2018/12/10/judge-bridget-bade/
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Political Activity

Bade has a fairly limited political history, having hosted a political reception for Mike Bailey, a Republican candidate for Maricopa County Attorney in 2004.[10] Additionally, Bade gave a $250 contribution to Sen. Jon Kyl, a Republican, in 2006.[11]

Unlike most of Trump’s appellate nominees, Bade does not appear to be a member of the Federalist Society for Law and Policy.[12]
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  #115  
Old 01-22-2019, 9:53 PM
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Hopefully Lindsey Graham 2.0 spends a lot of time confirming judges. I think he will dedicate more time teamed up with Cocaine Mitch than Chuck Grassley did when he was head of the Senate Judiciary Committee.
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  #116  
Old 01-23-2019, 12:06 AM
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In a snub to California Democratic Sens. Dianne Feinstein and Harris, the White House announced in October 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 traditionally liberal Ninth Circuit.
Hmm...
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Old 01-23-2019, 7:18 AM
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Originally Posted by ajb78 View Post

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Thomas said the ban on ballot harvesting, complete with penalties of a year in prison and a $150,000 fine, “serves no purpose aside from making voting more difficult, and keeping more African-American, Hispanic, and Native American voters from the polls than white voters.”
Aaaaaannnnnd.... there it is. It’s RACIST!
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Old 01-23-2019, 9:09 AM
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Aaaaaannnnnd.... there it is. It’s RACIST!
Because it's the most effective attack against white, conscientious conservatives. "Oh gee... that's something racists do? Well I'm not a racist! Please, let them vote harvest! And increase welfare taxes to counteract my white privilege! There, that proves I'm a goodwhite!"
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  #119  
Old 01-23-2019, 9:13 AM
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The racism tolerated towards white people is astounding. Not too long ago I saw a news article that said something like "another white man with an AR-15". Just imagine if it had read "another black man with a Glock 17". The double standard is almost comical.
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Old 01-23-2019, 10:20 AM
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Is it a rule, or just a convention that senators can veto nominations from their own state - or am I miss-remembering something?
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