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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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  #241  
Old 05-20-2019, 5:24 PM
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Skipped lunch or drank it?
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  #242  
Old 05-20-2019, 5:34 PM
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Originally Posted by homelessdude View Post
Skipped lunch or drank it?
Now let's not get nasty....

To make it up, here's an article I wasn't going to post, but since we all need as much good news as possible: https://www.calguns.net/calgunforum/...7#post23022357
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  #243  
Old 05-20-2019, 5:39 PM
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Hopefully, by this time tomorrow, CA9's active judges will look like:

DDDDD DDDDD
DDDDD D

RRRRR R
RRRRR


Dems having a roughly 3:2 advantage.

We're closing in! With 4 more years, we'll be at rough parity.
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  #244  
Old 05-20-2019, 5:56 PM
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Originally Posted by Paladin View Post
Hopefully, by this time tomorrow, CA9's active judges will look like:

DDDDD DDDDD
DDDDD D

RRRRR R
RRRRR


Dems having a roughly 3:2 advantage.

We're closing in! With 4 more years, we'll be at rough parity.

It sure won't be a sure thing for them anymore, they had better think twice and thrice now before attempting to get around the constitution with activist judges. Over reach can blow up in their faces big time!
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  #245  
Old 05-21-2019, 12:26 PM
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Originally Posted by Paladin View Post
Hopefully, by this time tomorrow, CA9's active judges will look like:

DDDDD DDDDD
DDDDD D

RRRRR R
RRRRR


Dems having a roughly 3:2 advantage.

We're closing in! With 4 more years, we'll be at rough parity.
Done!

Quote:
Confirmed, 53-46: Executive Calendar #201 Daniel Collins to be U.S. Circuit Judge for the Ninth Circuit
https://twitter.com/SenateCloakroom/...06960755384320

Only 2 more openings currently on CA9: one has Daniel Bress nominated for it, awaiting action in the S. Judiciary Cmte, but the other one does not have a nominee yet.

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  #246  
Old 05-21-2019, 12:29 PM
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Originally Posted by CessnaDriver View Post
It sure won't be a sure thing for them anymore, they had better think twice and thrice now before attempting to get around the constitution with activist judges. Over reach can blow up in their faces big time!
But remember, this score card we're keeping is only re. "active" judges, the only ones who can serve on an en banc panel. The odds ratio for 3-judge panels, which can have "senior" judges, is different. I'll let someone else work up the numbers on that.
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  #247  
Old 05-21-2019, 2:24 PM
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Originally Posted by Paladin View Post
The odds ratio for 3-judge panels, which can have "senior" judges, is different.
Senior judges are split 9R-9D by my count (as of Oct 2018)

https://www.ca9.uscourts.gov/content...ior_judges.php
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  #248  
Old 05-21-2019, 3:28 PM
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IIRC, a 3-judge panel can have 1 senior judge. Can it have 2? 3?
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  #249  
Old 05-21-2019, 10:59 PM
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Originally Posted by FirearmFino View Post
Also, a committee hearing has finally been scheduled for Bress on Wednesday.
Quote:
Date: Wednesday, May 22, 2019
Time: 10:00 AM
Location: Dirksen Senate Office Building 226
Presiding: Chairman Graham
That's 7:00am our time, folks!

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  #250  
Old 05-22-2019, 2:35 PM
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Originally Posted by FirearmFino View Post
Also, a committee hearing has finally been scheduled for Bress on Wednesday.
Does anyone have a link to where it shows the status of the Bress nomination? Does anyone know roughly how long it will be before a S. Jud. Cmte vote on Bress? and roughly how long from then to it going to the Senate floor?
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  #251  
Old 05-22-2019, 5:14 PM
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Originally Posted by Paladin View Post
Does anyone have a link to where it shows the status of the Bress nomination?
https://www.congress.gov/nomination/116th-congress/370
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  #252  
Old 05-22-2019, 5:21 PM
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Originally Posted by Paladin View Post
Does anyone know roughly how long it will be before a S. Jud. Cmte vote on Bress? and roughly how long from then to it going to the Senate floor?
Collins and Lee had their committee hearing on 3/13 and they were just confirmed. So maybe a couple months total?

Also remember that the Senate is on (essentially) Summer break from 8/5 to 9/6.
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  #253  
Old 05-22-2019, 10:01 PM
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Can someone give me the “CA9th for Dummies” version of why we’re talking about 29 judges but this page says there are 45 (it shows 43 but hasn’t been updated yet to include the last two appointments).

https://www.ca9.uscourts.gov/content..._id=0000000035
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  #254  
Old 05-22-2019, 10:32 PM
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Originally Posted by tenemae View Post
Thanks, that works.

Quote:
Originally Posted by FirearmFino View Post
Collins and Lee had their committee hearing on 3/13 and they were just confirmed. So maybe a couple months total?

Also remember that the Senate is on (essentially) Summer break from 8/5 to 9/6.
Thanks.

Quote:
Originally Posted by scbauer View Post
Can someone give me the “CA9th for Dummies” version of why we’re talking about 29 judges but this page says there are 45 (it shows 43 but has t been updated yet to include the last two appointments).

https://www.ca9.uscourts.gov/content..._id=0000000035
That includes "Senior" judges who do not/cannot serve on en banc or full court en banc panels. I know that at least 1 of the 3 judges of a 3-judge panel can have "senior" status, but I do not know if 2 or 3 can.
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  #255  
Old 05-22-2019, 10:37 PM
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Am I correct to say from wikis current list of judges on the 9th there will be nearly 25 out of 47 seats occupied by a 70+ year old. Is that a typical retirement age for a judge? Seems like a large group of Baby Boomers will retire soon. What a bonanza!
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  #256  
Old 05-22-2019, 10:42 PM
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Originally Posted by Nvberinger View Post
Am I correct to say from wikis current list of judges on the 9th there will be nearly 25 out of 47 seats occupied by a 70+ year old. Is that a typical retirement age for a judge? Seems like a large group of Baby Boomers will retire soon. What a bonanza!
I went through it months ago and saw that if Trump is re-elected AND non-RINOs stay in control of the Senate, Trump could "flip" to conservative majority for the first time in my life! (Once a judge qualifies for senior status, they can go that route or retire anytime they wish. Hopefully a LOT of Repub judges will do just that so Trump, McConnell and Graham can replace them before the 2020 Nov election.)

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  #257  
Old 06-13-2019, 8:13 PM
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Quote:
Judge Carlos Bea of the U.S. Court of Appeals for the Ninth Circuit plans to take “senior status upon the nomination, confirmation and appointment of his successor,”
Link

Quote:
Patrick J. Bumatay, an openly gay assistant U.S. attorney, could be a potential Trump pick to fill the opening, a source close to the nomination process said.

Bumatay was previously nominated to the Ninth Circuit by Trump, but the appointment lapsed without action by the Senate. He’s since been nominated to the U.S. District Court for the Southern District of California, which is pending.

Bumatay is a member of the National Filipino American Lawyers Association.
Quote:
Davis also said Bumatay could be a logical choice from a vetting perspective. He’s a pending district-court nominee, White House lawyers have already consulted with the states two Democratic senators about his credentials, and the FBI background is complete.
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  #258  
Old 06-13-2019, 8:35 PM
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Originally Posted by FirearmFino View Post
Sounds like a progressive judge. Is he anti 2a??
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  #259  
Old 06-13-2019, 10:03 PM
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Originally Posted by Solidsnake87 View Post
Sounds like a progressive judge. Is he anti 2a??
Judge Bea? He's a GWB appointee who was in the minority in the Peruta en banc decision, so very pro-2A.

However, he is also 85 years old. Taking senior status now means that his active seat can be filled by someone nearly half his age, and we won't have to worry about the seat opening up under a Democratic president and/or Senate anytime soon.
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  #260  
Old 06-13-2019, 10:36 PM
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Originally Posted by Solidsnake87 View Post
Sounds like a progressive judge. Is he anti 2a??
EDIT: I assumed the question was in reference to Bumatay

I couldn't find anything in reference to him and the 2A, but I did find the judges he clerked for, which can be an indicator of how someone leans:

Timothy M. Tymkovich, Chief United States Circuit Judge: 10th CA, George W. Bush appointee.
https://www.scotusblog.com/2009/07/a...-say-too-much/
Quote:
But, a lower federal court judge has now suggested that the Court perhaps should not have gone that far. Tenth Circuit Judge Timothy M. Tymkovich, in an opinion issued Tuesday, expressed “concern that the dictum inhibits lower courts from exploring the contours of Heller and its application to firearms restrictions….I…wonder whether Second Amendment law would have been better served if the regulations Heller addressed in dicta had been left to later cases.”

Sandra L. Townes, former United States District Judge of the United States District Court for the Eastern District of New York, George W. Bush appointee.
(no clear 2A record)

That's all I can find. It's about as speculative as it gets, so read into it what you will.

Last edited by tenemae; 06-13-2019 at 10:38 PM..
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  #261  
Old 06-13-2019, 10:36 PM
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Quote:
Originally Posted by Solidsnake87 View Post
Sounds like a progressive judge. Is he anti 2a??
Quote:
Originally Posted by FirearmFino View Post
Judge Bea? He's a GWB appointee who was in the minority in the Peruta en banc decision, so very pro-2A.
I think SS87 was referring to district judge nominee "Patrick J. Bumatay, an openly gay assistant U.S. attorney..."
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  #262  
Old 06-14-2019, 5:44 AM
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Originally Posted by Paladin View Post
IIRC, a 3-judge panel can have 1 senior judge. Can it have 2? 3?
I believe it can have 2 senior judges (or fill in district judges). I have never seen 3 and I don't think it's allowed. I could be wrong though.

I have seen other circuits with only 1 regular judge on the panel. I suspect CA9 is no different.
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  #263  
Old 06-14-2019, 5:58 AM
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Originally Posted by Paladin View Post
I think SS87 was referring to district judge nominee "Patrick J. Bumatay, an openly gay assistant U.S. attorney..."
That's exactly what I'm referring to. Articles that immediately hit identity politics and intersectionality first are typical indicators of leftist ideology. To them, being gay is more important than being a constitutional judge. If that is how he is being sold, then I have concern about him being progressive.
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  #264  
Old 06-14-2019, 9:04 AM
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Originally Posted by Blade Gunner View Post
https://www.google.com/amp/s/www.fox...th-circuit.amp

Looks like there might be a ray of hope
Not bad for the first 3 years.
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  #265  
Old 06-14-2019, 3:36 PM
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I wouldn't worry about Patrick Bumatay. Everything indicates that he would be a very conservative judge:

https://www.nationalreview.com/bench...trick-bumatay/

Quote:
Bumatay has worked on the confirmations of Chief Justice John Roberts, Justice Samuel Alito, Justice Neil Gorsuch, and Attorney General Michael Mukasey.
Quote:
Bumatay is an active member of The Federalist Society. He is also a member of the Federal Bar Association, the National Asian Pacific American Bar Association, and the National Asian Pacific Islander Prosecutors Association
Quote:
Why are you so confident that Bumatay is a conservative?

Mike Davis (Former Chief Counsel for Nominations to Chairman Grassley): Patrick Bumatay is a friend and former colleague. I know him well.
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  #266  
Old 06-14-2019, 3:41 PM
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Originally Posted by press1280 View Post
I believe it can have 2 senior judges (or fill in district judges). I have never seen 3 and I don't think it's allowed. I could be wrong though.

I have seen other circuits with only 1 regular judge on the panel. I suspect CA9 is no different.
The Young v. Hawaii panel had two senior judges (O’Scannlain and Clifton).
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  #267  
Old 06-17-2019, 12:55 PM
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Talking HERE'S WHAT HE'S DOING

For all those uninformed who keep asking what THE DONALD is doing for 2A.


https://www.foxnews.com/politics/tru...iberal-circuit

Quote:
In a "Fox & Friends" interview on Friday, Trump noted how he has specifically concentrated on nominating judges. Because Democrats led by Senate Minority Leader Chuck Schumer, D-N.Y., have stood in the way of his picks for positions like ambassadorships, Trump said, "Mitch McConnell, myself, and the Republicans have focused on judges."
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  #268  
Old 06-17-2019, 1:42 PM
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For all those uninformed who keep asking what THE DONALD is doing for 2A.


https://www.foxnews.com/politics/tru...iberal-circuit



That's nice and all but Mitch McConnell had a chance to get CCW reciprocity into vote and now that'll never happen.
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  #269  
Old 06-17-2019, 3:39 PM
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That's nice and all but Mitch McConnell had a chance to get CCW reciprocity into vote and now that'll never happen.
#1 Never is an awful long time....

#2 Even if it never passes the legislature, we may get it judicially, either directly (14th A EP or recognition of other states' acts (like marriage, I forget the term), or indirectly.

#3 Even if we don't get it period, it is small fries vs filling appeals court and SCOTUS (and now district court) openings.

As a great moral and political philosopher once said, "You can't always get what you want."
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  #270  
Old 06-17-2019, 4:38 PM
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Originally Posted by Paladin View Post
#1 Never is an awful long time....

#2 Even if it never passes the legislature, we may get it judicially, either directly (14th A EP or recognition of other states' acts (like marriage, I forget the term), or indirectly.

#3 Even if we don't get it period, it is small fries vs filling appeals court and SCOTUS (and now district court) openings.

As a great moral and political philosopher once said, "You can't always get what you want."


#3 Even if we don't get it period, it is small fries vs filling appeals court and SCOTUS (and now district court) openings.

Small fries?
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Old 06-17-2019, 4:55 PM
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Originally Posted by Paladin View Post
#1 Never is an awful long time....

#2 Even if it never passes the legislature, we may get it judicially, either directly (14th A EP or recognition of other states' acts (like marriage, I forget the term), or indirectly.

#3 Even if we don't get it period, it is small fries vs filling appeals court and SCOTUS (and now district court) openings.

As a great moral and political philosopher once said, "You can't always get what you want."
Same philosopher also said 'What a drag it is getting old'. He was sooooo right.
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  #272  
Old 06-17-2019, 8:02 PM
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Originally Posted by usr1987 View Post
#3 Even if we don't get it period, it is small fries vs filling appeals court and SCOTUS (and now district court) openings.

Small fries?
Yes, relatively unimportant when compared to the both urgent and important work of filling SCOTUS and appeals court openings ASAP.

If we won Nat'l Recip, but didn't fill those openings, we'd quite likely lose Nat'l Recip when it was challenged in fed cts.

The federal courts, esp courts of appeal, are critical since SCOTUS takes so few cases.
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  #273  
Old 06-20-2019, 3:13 PM
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Bress passed S. Judiciary Cmte vote along party lines and heads to S. floor vote next.

Neither Harris nor Feinstein blue slipped him and both voted against him.

This is what winning looks like.

https://www.latimes.com/nation/polit...620-story.html
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  #274  
Old 06-20-2019, 3:33 PM
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Originally Posted by Paladin View Post
Bress passed S. Judiciary Cmte vote along party lines and heads to S. floor vote next.

Neither Harris nor Feinstein blue slipped him and both voted against him.

This is what winning looks like.

https://www.latimes.com/nation/polit...620-story.html

Stupid Leftist Libs spouting Stupid Leftist crap.


Quote:
“It's clear from his record that Mr. Bress does not have the connection to California that is necessary to represent the state on the 9th Circuit,” Feinstein said.

“He has lived and practiced law in Washington for most of his adult life,” she said. “I’m disappointed that the White House nominated him over the objections of both Sen. Harris and myself.”
Someone really needs to educate these turds. FEDERAL JUDGES do not REPRESENT any state. They REPRESENT the US Constitution.
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  #275  
Old 07-01-2019, 8:13 PM
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Quote:
...

Judge Jay Bybee of the San Francisco-based U.S. Court of Appeals for the Ninth Circuit plans to take senior status at the end of the year, the court confirmed on Monday.

Senior status is a type of semi-retirement which allows judges to keep working but relinquish their active seats.

Trump has appointed six judges to the appeals court and is looking to fill other openings.

Kirkland & Ellis partner Daniel Bress is awaiting consideration by the full Senate. Trump also will nominate a replacement for Judge Carlos Bea, who also plans to take senior status.

...

Bybee was appointed to the seat by President George W. Bush in 2003. ...
More at: https://biglawbusiness.com/trump-to-...e-seat-opening
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  #276  
Old 07-01-2019, 8:42 PM
CCWFacts CCWFacts is online now
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Excellent news! So is that going to get us to 15-14 if I'm counting correctly? And there are still quite a few liberal judges in their 70s, 80s and even 90s on the court.

Edit: both of these are Republican appointees so it won't change the balance, but will give us some younger and more solid conservatives.
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Last edited by CCWFacts; 07-01-2019 at 8:56 PM..
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  #277  
Old 07-01-2019, 8:51 PM
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Sputnik Sputnik is offline
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So Bress works with Paul Clement at K&E and clerked for Scalia...sounds good so far.
As for him having spent so much time in DC and therefor not representing CA "values"...you know who else has spent most of their life in DC? Feinstein. Maybe she doesn't have the "connection" to represent CA either?
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  #278  
Old 07-02-2019, 1:29 AM
OleCuss OleCuss is offline
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Judge Bybee was appointed by Bush and is considered by some to be a conservative (I don't know that this is necessarily the case).

Bybee's semi-retirement and replacement by a Trump appointee may not yield a major change in the makeup of the 9th Circuit.

I'd note, however, that replacing older conservative judges with younger conservative judges is a net gain if one keeps the future in mind.
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Old 07-02-2019, 10:10 AM
LVSox LVSox is offline
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Quote:
Originally Posted by OleCuss View Post
Judge Bybee was appointed by Bush and is considered by some to be a conservative (I don't know that this is necessarily the case).
Bybee drafted the infamous OLC memo endorsing torture as legal. Yeah, he’s a conservative.

Also, conservative judges taking senior status is good not just for adding young conservatives to the bench. Senior Judges can of course be part of three-judge panels, but if hey are a part of such a panel, the also are eligible to be part of the pool from which the en banc panel is selected. So all things being equal, it’s better to have two conservative senior judges on a 3-Judge panel than two fulltimers, because it gives us better odds for the en banc draw.

Last edited by LVSox; 07-02-2019 at 10:15 AM..
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Old 07-02-2019, 12:45 PM
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Those memos were regarding the use of enhanced interrogation techniques such as mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding.

I'm ok with that. As Sarah Palin may have observed, "Waterboarding is how you baptize terrorists."
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