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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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  #121  
Old 01-23-2019, 10:23 AM
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Quote:
Originally Posted by randomBytes View Post
Is it a rule, or just a convention that senators can veto nominations from their own state - or am I miss-remembering something?
A custom - see https://en.wikipedia.org/wiki/Blue_slip
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  #122  
Old 01-24-2019, 2:26 PM
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Originally Posted by CCWFacts View Post
This graphic is from Nov. 2018 so it may not be completely up to date, but it shows what's going on at the circuit level:



In the 9th, the en banc panel is randomly drawn, and someone could do the calculation to see what are the odds of getting a conservative panel of 11 judges from the 9th, esp. when all the seats are filled.
Thought this might be worth posting here too.
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  #123  
Old 01-24-2019, 3:01 PM
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Anyone know the timeline for the Senate Judiciary Committee hearings? I do not see anything on the schedule yet.
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  #124  
Old 01-25-2019, 8:08 AM
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As one can see there are not enough vacancies to change the political direction of the 9th.

For that to happen it must be broken up. There is no effort to do that so we are screwed.
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  #125  
Old 01-25-2019, 8:30 AM
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There are definitely enough vacancies to tame the 9th a bit.
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  #126  
Old 01-25-2019, 8:30 AM
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Quote:
Study: Trump’s judicial appointees are more conservative than those of past Republican presidents

They’re 20 percent more conservative than those appointed by George W. Bush, according to an analysis from the liberal group Demand Justice.


President Donald Trump’s judicial appointees are more conservative, on average, than those nominated by former Republican presidents, according to a new study commissioned by the liberal activist group Demand Justice.

The study, which was conducted by progressive think tank Data for Progress, found that Trump judicial appointees were, on average, 20 percent more conservative than George W. Bush’s.

“This analysis reveals how dangerously far to the right Trump has moved the federal courts in almost no time at all,”
said Brian Fallon, the executive director of Demand Justice, in a statement. “Democrats in the Senate have been too slow to recognize the crisis that is underway, and continue to support many of these nominees as if they are within the mainstream ideologically. These are not normal nominees, and Democrats can’t continue to treat this situation as business as usual.”

It’s not just ideology: The analysis also found that Trump’s nominees, as a group, have been far whiter and are more likely to be male than those appointed by former President Barack Obama.


Ninety-three percent of Trump’s appointees have been white, compared to 65 percent of Obama’s. And 75 percent of Trump’s appointees have been men, compared to 59 percent of Obama’s. Trump’s appointees are also more likely to be politically active, in that a larger proportion have made donations to major-party candidates, compared to Obama and George W. Bush’s, the study adds.
More at: https://www.vox.com/2019/1/25/181885...connell-senate
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  #127  
Old 01-25-2019, 8:34 AM
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Originally Posted by sfpcservice View Post
There are definitely enough vacancies to tame the 9th a bit.
Yep, as CCWFacts has pointed out numerous times, all we really need is for the average 3-judge panel of CA9 to no longer be a liberal "sure bet" win for much anti litigation to stop in its tracks (at fear a loss and of setting pro 2nd A precedent like in Peruta, but where they'd be upheld by SCOTUS if appealed).
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Last edited by Paladin; 01-25-2019 at 8:38 AM..
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  #128  
Old 01-25-2019, 9:11 AM
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Originally Posted by Paladin View Post
Yep, as CCWFacts has pointed out numerous times, all we really need is for the average 3-judge panel of CA9 to no longer be a liberal "sure bet" win for much anti litigation to stop in its tracks (at fear a loss and of setting pro 2nd A precedent like in Peruta, but where they'd be upheld by SCOTUS if appealed).
Exactly. Same applies to en bancs no longer being a sure bet. If Trump can finish his 9th appointments (and I believe he will soon), en bancs here will be almost a toss-up.

As we saw in the DC case, the other side is risk averse, and with the situation in SCOTUS now, they really don't want to get into a situation where they might be appealing a loss (for them) in a Young en banc to a sure loss or denial of cert in SCOTUS.

The grant of cert in the NY case shows this logic, in fact.

NY knew for a fact that they were going to win at the 2nd circuit level. It's 7 to 4 in their favor. And they did win, despite how absurd their law is, because the liberals on the 2nd CCA have never seen a gun restriction they didn't like. In the 2nd, an en banc is rare (unlike in the 9th), but when an en banc does happen, it's with ALL the judges, so in the crazy off chance that NY got a bad panel, they would still have the option of getting an en banc and would have a GUARANTEED victory in their en banc. (This isn't the same here, where an en banc is actually an 11 judge panel drawn at random.)

At the time they were fighting this, they didn't realize that SCOTUS was shifting. They thought they would get an easy win at the 2nd, and a divided SCOTUS wouldn't grant cert, and that's the end. But that logic failed catastrophically for them. They took what they thought was a reasonable risk (going to a sure victory at the CCA) and LOST (surprise! cert!) and now a conservative SCOTUS is going to review NY's gun regulations.

They aren't going to walk into traps like this so easily in the future.
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  #129  
Old 01-26-2019, 8:05 AM
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The 9th will remain solidly democrat for the extended future. Maybe in another generation but by then we will all be speaking Spanish.
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  #130  
Old 01-26-2019, 8:26 AM
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The 9th will remain solidly democrat for the extended future. Maybe in another generation but by then we will all be speaking Spanish.
It’s called socialist dictatorship, not “Democrats”.
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  #131  
Old 01-30-2019, 6:44 AM
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Fox news from a week ago
Nine of the 51 appointments are for spots on prestigious and influential federal appellate benches, including two on the mostly liberal San Francisco-based 9th Circuit Court of Appeals, which President Trump has often derided as "disgraceful" and politically biased.

Graham vowed that the committee "will immediately begin working on these important nominations and trying to confirm as many as possible, as soon as possible.”
With some wisdom from our senator and presidential candidate Harris:
Harris, in her questions to the nominee, called the Knights of Columbus “an all-male society” and asked the Nebraska lawyer if he was aware that the group was anti-abortion and opposed to same-sex marriage when he joined.
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  #132  
Old 01-30-2019, 11:45 AM
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Dems delaying the inevitable....

Quote:
Senate Democrats on Tuesday delayed the Judiciary Committee’s scheduled votes on the nominations of ... 43 federal judges.

The committee’s rules allow any member to delay votes on a bill or nomination before the committee until its next meeting or for one week ― whichever occurs later. As a result, pending bills or nominations before the Judiciary Committee are routinely delayed by a week.

<snip>

Votes on the nominations of ... six circuit court judges ... will now occur on Thursday, February 7th.
More at: https://www.countable.us/articles/20...-dozens-judges
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  #133  
Old 01-30-2019, 1:39 PM
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Still time to vote in a law paying these fools minimum wage!
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  #134  
Old 01-31-2019, 11:17 AM
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The Donald tweaking the antis' noses!

I have no idea of when votes will take place. Hearing Graham defend them early makes me optimistic. If all 3 get on CA9, there will be only 1 vacancy left to be filled.
https://en.wikipedia.org/wiki/United...ng_nominations

Quote:
Harris, Feinstein fume after White House re-nominates two conservative California judges

California Democratic Sens. Dianne Feinstein and Kamala Harris lashed out at the White House after President Trump, under pressure from conservative activists, re-nominated two conservative California judges to the 9th Circuit federal appeals court over their opposition.

“We are deeply disappointed that the White House has chosen to re-nominate Daniel Collins and Kenneth Lee to the 9th Circuit,” Feinstein and Harris said in a joint statement late Wednesday. “We made clear our opposition to these individuals and told the White House we wanted to work together to come to consensus on a new package of nominees.”

The White House announced the nomination of Collins and Lee, among other judicial nominations. Daniel A. Bress was also nominated to the 9th Circuit.

The nomination of Collins and Lee bypasses the traditional "blue-slip" process in which the senators of the home state of the nominee give their consent to the pick. Feinstein and Harris said they had hoped to “work together to come to consensus on a new package of nominees” instead of President Trump nominating Collins and Lee.

<snip>

On Thursday, Republican Sen. Lindsey Graham, the chairman of the Senate Judiciary Committee, praised Trump's nomination of Collins, Lee and Bress.

“I’m very supportive of the nominees submitted by President Trump to serve on the 9th Circuit Court of Appeals. These are highly qualified nominees and I am hopeful they will receive wide bipartisan support,” Graham said. “These nominations continue a trend by the Trump Administration of selecting highly qualified men and women to serve on the federal bench.”
More at: https://www.foxnews.com/politics/har...ifornia-judges
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Last edited by Paladin; 01-31-2019 at 11:23 AM..
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  #135  
Old 01-31-2019, 11:24 AM
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Thank god!

Quote:
Originally Posted by Paladin View Post
The Donald tweaking the antis' noses!

I have no idea of when votes will take place. Hearing Graham defend them early makes me optimistic. If all 3 get on CA9, there will be only 1 vacancy left to be filled.
https://en.wikipedia.org/wiki/United...ng_nominations

More at: https://www.foxnews.com/politics/har...ifornia-judges
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  #136  
Old 01-31-2019, 11:33 AM
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https://en.wikipedia.org/wiki/United...n_of_the_court

If you look at the current composition of CA9, and look at the active judges (i.e., non-"Senior"), who were born before 1950, if Trump gets a 2nd term and the GOP keeps the Senate during that time Trump could flip CA9 to conservative, replacing 6 more Dem judges with conservatives!

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Last edited by Paladin; 01-31-2019 at 11:35 AM..
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  #137  
Old 01-31-2019, 12:24 PM
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Eric D. Miller is someone I would want to proceed to Supreme Court. Degree in Physics and clerk to Clarence Thomas.
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  #138  
Old 01-31-2019, 3:30 PM
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Quote:
Originally Posted by Paladin View Post
The Donald tweaking the antis' noses!

I have no idea of when votes will take place. Hearing Graham defend them early makes me optimistic. If all 3 get on CA9, there will be only 1 vacancy left to be filled.
https://en.wikipedia.org/wiki/United...ng_nominations

More at: https://www.foxnews.com/politics/har...ifornia-judges
I want to know why they were left off the initial re-nomination list. Rush was beside himself yesterday. Whoever was negotiating with Frankenstien and "Whorizontal" Harris, should be fired.
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  #139  
Old 01-31-2019, 11:12 PM
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The 9th Circus covers nine states, why is there deference to just one state's senators?

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  #140  
Old 02-01-2019, 4:21 AM
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Originally Posted by Cincinnatus View Post
The 9th Circus covers nine states, why is there deference to just one state's senators?

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I'm not sure of all the procedures of the blue slips. Is it based on the judge's home state or the judge's "Duty station"?
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  #141  
Old 02-05-2019, 10:14 AM
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I'm not sure of all the procedures of the blue slips. Is it based on the judge's home state or the judge's "Duty station"?
In the Senate, a blue slip is an opinion written by a Senator from the state where a federal judicial nominee resides. Both senators from a nominee's state are sent a blue slip in which they may submit a favorable or unfavorable opinion of a nominee. They may also choose not to return a blue slip.
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  #142  
Old 02-05-2019, 11:07 AM
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Originally Posted by Cincinnatus View Post
The 9th Circus covers nine states, why is there deference to just one state's senators?

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Senate Tradition.

Plus Chuck Grassley and now Lindsey Gramesty have decided to do away with the blue slip deferential to either the state’s senators.

It’s about damn time.
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  #143  
Old 02-06-2019, 4:20 PM
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Collins, Bress and Lee were all officially nominated today.



https://en.wikipedia.org/wiki/United...ng_nominations
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  #144  
Old 02-06-2019, 10:13 PM
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Now for a speedy confirmation
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  #145  
Old 02-07-2019, 8:56 AM
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In which the dems are holding up 300 appointees already. Same tactic as the republicans did to Obama.

It's tit-for tat and endless payback wars between our so called "two party system".
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  #146  
Old 02-07-2019, 10:34 AM
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Now for a speedy confirmation
Not if "Whorizontal" Harris has anything to say about it. Im looking forward to her making a total *** out of herself just like she has done in the past.
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  #147  
Old 02-16-2019, 10:36 PM
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Now for a speedy confirmation
I was re-reading a recent article re. appellate judge nominees, looking for info re. when the full Senate will vote on them, and came up dry. Anyone know???

Quote:
Dozens of Judicial Nominees Advance to Full Senate
February 7, 2019 TIM RYAN

WASHINGTON (CN) – The Senate Judiciary Committee on Thursday advanced the nominations of 44 of President Donald Trump’s judicial nominees, resuming the efforts of the Republican-controlled Senate to stock the federal judiciary with Trump selections.

Of the 44 judges the committee approved on Wednesday, 19 received approval in the last Congress, but were not confirmed before the end of the year. As is Senate practice, all nominees who were not approved were sent back to the White House and Trump eventually chose to renominate many of them last month.

Among the 25 who received approval for the first time, six are up for seats on federal appeals courts, including two nominees each to the Sixth and Ninth Circuits, as well as one to the Third Circuit and one to the Fourth Circuit.

<snip>

Many of the nominees to lower courts faced opposition from Democrats and cleared the committee on 12-10 party-line votes. Others, however, received little or no opposition.

All of the nominees the committee approved on Thursday now go to the Senate floor, where they await confirmation votes. With a solid Republican majority in the Senate, all of the nominees are on track for confirmation absent significant defections within the majority.
More at: https://www.courthousenews.com/dozen...o-full-senate/
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  #148  
Old 02-23-2019, 10:14 PM
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Expect a huge "knock down, drag out" fight between Senate Repubs & Dems this week over judicial nominee confirmation process rules.

VICE: Senate Republicans are pushing to get judges confirmed faster — just as Trump faces an onslaught of lawsuits
https://news.vice.com/en_us/article/...aces-a-lawsuit

Slate: Republicans Are Abolishing Judicial Appointment Norms Again
A former Obama staffer explains how he thinks Democrats could effectively respond.
https://slate.com/news-and-politics/...chris-kang.amp

Quote:
Next week is set to see the biggest fight over the federal judiciary since Brett Kavanaugh was confirmed to the Supreme Court in October. As the New York Times reported on Wednesday, the Senate is due to consider a Republican plan to cut the amount of debate time on district court judges from a maximum of 30 hours to just two hours. Senate Majority Leader Mitch McConnell is reportedly considering nuking the filibuster to push through this change, which would further speed up an already conveyor belt–like confirmation system that has allowed President Donald Trump to seat a record number of judges.

Meanwhile, the Senate is also due to vote on the nomination of four circuit court nominees who are particularly controversial because they have not received approval from their home state senators (in this case, all Democrats). This approval, traditionally referred to as a blue slip, is a system by which judicial nominations would historically not go forward without the approval of senators from the judges’ home states. (The term “blue slip” comes from the piece of paper that home state senators typically need to return to the Judiciary Committee in order for a nomination to go forward.) Republicans already effectively killed the blue slip process last year for circuit court nominations by allowing the confirmation of David Stras after one home-state Democratic senator did not return a blue slip, but this latest escalation will be unprecedented. If Washington’s Eric Miller is confirmed to the 9th Circuit, for example, it will be the first time in 100 years that a judicial nominee will have been confirmed without the blue slip of either home state senator.*

Ahead of this drastic set of escalations, I spoke with Chris Kang, who ran judicial nominations for the Obama White House for more than four years. Kang argues that given these recent escalations, Democratic senators should band together and attempt to force Republicans to back down from this latest escalation. He explained how they might do this in the following conversation, which has been edited and condensed for clarity.
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  #149  
Old 02-24-2019, 12:13 AM
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Can someone explain the difference between the district court judges and circuit court nominees? For civil cases (2A), I thought district court judges came together on 3 judge panels to rule for an entire circuit.

It is always a laugh when democrats suddenly care about formalities. That all started to go out the window under Obama, and you all essentially killed it entirely with the fake Kavanaugh scandal. I am cautiously optimistic that Trump will win 2020 and the GOP will probably hold the senate until 2022, so another 4 good years of court packing and hopefully another SCOTUS appointee would be tremendous for setting back the left's socialist agenda.
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  #150  
Old 02-24-2019, 7:29 AM
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Can someone explain the difference between the district court judges and circuit court nominees?
Circuit court judges are dealing with appeals from district courts, so they're usually better better qualified, and are usually dealing with issues of law vs issues of facts. Circuit court judges (like SCOTUS justices), may or may not have previously been district court judges.

Quote:
Originally Posted by wireless View Post
For civil cases (2A), I thought district court judges came together on 3 judge panels to rule for an entire circuit.
Nope, different judges entirely for a different level of the federal judiciary (district court, court of appeals, supreme court).

https://en.wikipedia.org/wiki/Distri...#United_States
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  #151  
Old 02-25-2019, 8:24 AM
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I found this to be an interesting update to the ninth. They tried to pass a majority opinion with a pivotal vote from the deceased judge Reinhardt. SCOTUS just vacated and remanded the case, Yovino v. Rizo.
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Old 02-25-2019, 8:26 AM
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Originally Posted by Prwterbird View Post
I found this to be an interesting update to the ninth. They tried to pass a majority opinion with a pivotal vote from the deceased judge Reinhardt. SCOTUS just vacated and remanded the case, Yovino v. Rizo.
https://www.scotusblog.com/case-file...yovino-v-rizo/
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Old 02-25-2019, 8:34 AM
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Thumbs up Thank God for Trump!

Quote:
The Senate is set to escalate a long simmering fight over President Trump's judicial nominees.

Republicans are poised to confirm a pick for the influential circuit courts next week without the support of either of the nominee's home-state senators — a first for the Trump era.

Eric Miller is the first appeals judge to get a vote on the Senate floor this year, and the 31st of Trump’s presidency. Majority Leader Mitch McConnell (R-Ky.) set up an initial vote on his 9th Circuit nomination for Monday evening.

“The judicial train is running in the committee and it will soon hit the floor,” Sen. Lindsey Graham (R-S.C.), the chairman of the Judiciary Committee, told radio host Hugh Hewitt.

Miller’s nomination is set to revive a feud over “blue slips,” a paper that indicates if a home-state senator supports a nomination.

Though the Senate confirmed several appeals judges who were missing one blue slip last year, Miller would be the first circuit court nominee to be confirmed without getting a blue slip from either senator.

<snip>

Republicans set a record for the number of appeals judges confirmed during an administration’s first two years and McConnell, speaking at a Heritage Foundation event shortly before the midterms, pledged that “if we hold the Senate I assure you we will complete the job of transforming the federal judiciary.”

Miller was one of more than forty nominees that were approved by the Judiciary Committee earlier this month and sent onto the full Senate for a vote. Of those nominations, six were circuit pick nominees.

Graham indicated on Friday that Republicans have approximately eight to 10 circuit nominations to fill in 2019. He’s also got looming fights over three 9th Circuit nominees from California after Feinstein and Sen. Kamala Harris (D-Calif.), who is running for president, came out against the administration’s picks.

“We’ve got a real queue. ... Trust me on this, we will get our judges to the floor,” Graham added. “Whatever you want to say about Mitch McConnell, he’s done a hell of a job when it comes to processing judges.”
More at: https://thehill.com/homenews/senate/...mp-court-picks
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  #154  
Old 02-26-2019, 2:08 PM
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https://www.law.com/nationallawjourn...20190126180721

CA9 circuit court judge confirmed without blue slip with all 53 GOP senators voting yes
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  #155  
Old 02-26-2019, 5:06 PM
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Originally Posted by wireless View Post
https://www.law.com/nationallawjourn...20190126180721

CA9 circuit court judge confirmed without blue slip with all 53 GOP senators voting yes
Thank you President Trump! And all those in the Senate that worked to make this happen.


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  #156  
Old 02-26-2019, 5:32 PM
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Originally Posted by wireless View Post
CA9 circuit court judge confirmed without either blue slip with all 53 GOP senators voting yes
Fixed for ya!

1 down, 5 more to go!

https://en.wikipedia.org/wiki/United...ng_nominations
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Old 03-06-2019, 8:47 PM
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https://www.sfchronicle.com/news/art...e-13668668.php

A good article by SFGate re. nominee Kenneth Lee. By their description of him, and their lack of a photo of him (they have a pic of Feinstein and Kammie instead, for some reason...), you'd think he's a descendant of Gen. Robert E. Lee (CSA).

Nope. Here's a pic of Mr. Lee:


Now you know why SFGate didn't provide his pic or mention he was born in S. Korea.
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  #158  
Old 03-06-2019, 9:54 PM
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Related article on Lee - https://www.powerlineblog.com/archiv...enneth-lee.php
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Old 03-06-2019, 10:13 PM
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Eric D. Miller became the 9th circuit court of the Appeals court. He's nominated by the POTUS. I wonder if he's a conservative judge or liberal judge. I couldn't find much info on him.
https://en.wikipedia.org/wiki/Eric_D._Miller
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Old 03-06-2019, 10:28 PM
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Originally Posted by Ishooter View Post
Eric D. Miller became the 9th circuit court of the Appeals court. He's nominated by the POTUS. I wonder if he's a conservative judge or liberal judge. I couldn't find much info on him.
https://en.wikipedia.org/wiki/Eric_D._Miller
All Trump judicial nominees have been recommended by the Federalist Society, so they all should be strict constitutionalists -- exercising judgment, not will; declaring "what the law is, not what it should be."
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