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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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  #161  
Old 03-06-2019, 10:32 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
If he was liberal leaning he wouldn't have lasted more than 2 minutes clerking for Clarence Thomas.
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  #162  
Old 03-06-2019, 10:37 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
He clerked for Clarence Thomas. Maybe one day he will replace him on SCOTUS.
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  #163  
Old 03-07-2019, 12:57 PM
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And he has BS in Physics from Harvard. Really helps with ability to think rationally.
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  #164  
Old 03-07-2019, 7:19 PM
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MAGA!

Trump has made 3 appointments to the 9th so far, 5 vacancies remaining to be filled, plus there are 6 liberal judges 70+. If even a couple of these elderly liberal judges retire and Trump rams through the 5 vacancies, we could end up with a balanced court. Already liberals can't count on winning en bancs.
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  #165  
Old 03-07-2019, 8:07 PM
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A glimmer of hope for the future of those living in the 9th's jurisdiction, hooray!
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  #166  
Old 03-11-2019, 1:16 PM
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Originally Posted by CCWFacts View Post
MAGA!

Trump has made 3 appointments to the 9th so far, 5 vacancies remaining to be filled, plus there are 6 liberal judges 70+. If even a couple of these elderly liberal judges retire and Trump rams through the 5 vacancies, we could end up with a balanced court. Already liberals can't count on winning en bancs.
Didn’t he appoint some Hawaiian judge who was anti-gun that didn’t get very much attention till it was already done?
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  #167  
Old 03-11-2019, 1:28 PM
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Originally Posted by SPGuy View Post
Didn’t he appoint some Hawaiian judge who was anti-gun that didn’t get very much attention till it was already done?
See below from the first page of this thread, emphasis mine.

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Originally Posted by CCWFacts View Post
I believe you are mixing up two issues. One is

blue slips, which, as you say, are a tradition, not a requirement. Trump has ignored blue slips before and he'll need to do it again for his California and Oregon appointments.

What, California and Oregon appointments? Why can't he pick anyone from anywhere? Why did he need a Hawaiian resident for a judge?

It's a separate issue, which is not a tradition, but rather a law:

. 28 U.S. Code § 44.
In each circuit (other than the Federal judicial circuit [DC]) there shall be at least one circuit judge in regular active service appointed from the residents of each state in that circuit
This is because there needs to be a federal circuit judge in every state to deal with matters in that state such as injunctions. The CA9 is in San Francisco but judges maintain offices in every state in the circuit. That means some judge seats must come from certain states.

Again, blue slips are a separate issue, which are a tradition, not a law, but 28 U.S. Code § 44 is a law.



He had zero real choice with Bennett. There aren't enough conservative attorneys in Hawaii with the level of experience needed. Bennett was the one and only option. And he needed to be a Hawaii resident because of the law as I said.



I agree with that!
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  #168  
Old 03-11-2019, 10:27 PM
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Originally Posted by ajb78 View Post
See below from the first page of this thread, emphasis mine.
Thank you for quoting me on that!

I will add there's another issue, which is duty stations, where a judge must not only reside in a certain state, but in a certain area. However, Hawaii has only one duty station which is the entire state, so that's not really a factor there. But that is another factor to consider if you're ever asking yourself, "how did this unknown person get nominated to be a judge at the circuit level". Judges spend 3/4 of their time in their duty station dealing with mundane issues like bankruptcies, which don't have anything to do with bigger constitutional issues.

BTW, I analyzed, are there ANY other candidates in Hawaii who were qualified, and the answer is no. There are almost no Republicans in Hawaii who have been elected to any office. I looked for the intersection of Republican, elected to any state-level office in Hawaii, who are attorneys, and who are not too old, and there was only one guy within the intersection of that Venn diagram. I guess he could have found a private practice attorney but a) having some public experience is important and b) there would be even less of a partisan record for such a private attorney and c) it would be hard to find a solid conservative private attorney in Hawaii.

For all these reasons, Bennett was not a mistake.
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  #169  
Old 03-12-2019, 6:47 AM
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the Judiciary Committee will hold a hearing on Wednesday for Daniel Collins and Kenneth Lee, nominees to fill two vacant California seats on the 9th Circuit, prompting backlash from Sens. Dianne Feinstein (Calif.), the top Democrat on the panel, and Kamala Harris (D-Calif.), a fellow committee member who is running for the party’s 2020 presidential nomination.
More at: https://thehill.com/homenews/senate/...ters-new-phase

Once these 2 are on CA9, there will still be 3 openings with 2 nominees to go: Bade, Bress and an open seat.
https://en.wikipedia.org/wiki/United...ng_nominations
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Last edited by Paladin; 03-12-2019 at 9:02 PM..
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  #170  
Old 03-12-2019, 7:43 AM
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Originally Posted by CCWFacts View Post
Thank you for quoting me on that!

I will add there's another issue, which is duty stations, where a judge must not only reside in a certain state, but in a certain area. However, Hawaii has only one duty station which is the entire state, so that's not really a factor there. But that is another factor to consider if you're ever asking yourself, "how did this unknown person get nominated to be a judge at the circuit level". Judges spend 3/4 of their time in their duty station dealing with mundane issues like bankruptcies, which don't have anything to do with bigger constitutional issues.

BTW, I analyzed, are there ANY other candidates in Hawaii who were qualified, and the answer is no. There are almost no Republicans in Hawaii who have been elected to any office. I looked for the intersection of Republican, elected to any state-level office in Hawaii, who are attorneys, and who are not too old, and there was only one guy within the intersection of that Venn diagram. I guess he could have found a private practice attorney but a) having some public experience is important and b) there would be even less of a partisan record for such a private attorney and c) it would be hard to find a solid conservative private attorney in Hawaii.

For all these reasons, Bennett was not a mistake.
With all due respect, this is not close to true. There is no requirement, formal or otherwise, for a COA appointee to have been elected to office. Indeed, the vast majority of federal appellate judges have not been, nor were they former state court judges. I am a litigator, and former BigLaw partner at on of the 10 largest firms in the country; three professional acquaintances of mine have been appointed to Circuit Judgeships with no prior judicial, elected, or even academic experience. The President could have easily selected a qualified and 2A-friendly candidate from among the attorneys in private practice, at the US Attorney’s office, and at the UH law school.
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  #171  
Old 03-12-2019, 9:20 AM
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. . .The President could have easily selected a qualified and 2A-friendly candidate from among the attorneys in private practice, at the US Attorney’s office, and at the UH law school.
Trump is sort of naive on some of this stuff. He literally may not know what he can do.

But if his advisers explained things properly as you did, it might have been deemed politically advisable to follow the course he did (I don't claim to know why).

BTW, I'm pretty sure that even a SCOTUS justice is not required to have attended law school. I could technically be appointed to the SCOTUS even though I've never even visited a law school.

Yes, you'd not likely to get many votes for me, however. But heck, if I were on the SCOTUS I could get some good clerks, shut up during orals, and just vote with my clerks. If my clerks were fascists the media would consider me to be a legal genius!
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  #172  
Old 03-12-2019, 10:12 PM
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Originally Posted by CCWFacts View Post
MAGA!

Trump has made 3 appointments to the 9th so far, 5 vacancies remaining to be filled, plus there are 6 liberal judges 70+. If even a couple of these elderly liberal judges retire and Trump rams through the 5 vacancies, we could end up with a balanced court. Already liberals can't count on winning en bancs.
We still have a long road to go in the 9th Circus....

We have 9 Klinton Judges; 7 Barry Judges; 5 G.W. Bush Judges and 3 Trump Judges, however one is Bennett in Hawaii and is considered an anti....

So that's a current margin of 17-7 with 5 current vacancies to hopefully be filled by Trump, however that still leaves us with the score at just 17-12.

Hopefully the septuagenarian libtard Judges start retiring...
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  #173  
Old 03-14-2019, 3:21 PM
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The confirmation of Neomi Rao to the U.S. Court of Appeals for the District of Columbia Circuit, on a 53-46 vote, as well as Paul Matey earlier this week to the Philadelphia-based 3rd Circuit, now means one out of every five appeals court judge will have been nominated by Trump.

Now, just nine vacancies remain in the circuit courts, which handles the vast majority of cases that never reach the Supreme Court, and Trump has nominated candidates for six of them. Senate Majority Leader Mitch McConnell (R-Ky.) could muscle through confirmations by midyear, leaving few openings if a Democrat wins the White House in 2020.


<snip>

There is little that McConnell prioritizes more in the Senate than confirming judges. In the first two years of Trump’s presidency, the GOP-led Senate successfully installed two justices to the Supreme Court, as well as 30 circuit court judges and 53 judges to the lower-level district courts.

So far this year, the Senate has confirmed a half-dozen circuit court judges. And of the six remaining circuit judges who have been nominated by Trump, three have cleared the Senate Judiciary Committee and are awaiting a confirmation vote in the full Senate.

The panel also held hearings for two nominees to California-based seats on the 9th Circuit Court earlier Wednesday — Daniel Collins and Kenneth Lee. Both are opposed by the state’s two Democratic senators, Dianne Feinstein and Kamala Harris, but are likely to be confirmed anyway.

Senate Republicans now plan to quickly pivot to filling the 129 vacancies in the lower-level district courts....
More at: https://www.latimes.com/politics/la-...314-story.html
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  #174  
Old 03-14-2019, 5:02 PM
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Good news!
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  #175  
Old 03-15-2019, 5:25 PM
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Finally! H ya. Love this turn of events.
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  #176  
Old 03-18-2019, 11:52 AM
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When the progs/liberals/Leftist like, or even just don't oppose, a judge, I get concerned....

Quote:
The Senate has scheduled a vote next week on a procedural motion to end debate on the nomination of Magistrate Judge Bridget Bade to serve on the U.S. Court of Appeals for the Ninth Circuit.

Bade would be the fourth of Trump’s appointees to the San Francisco-based court, which he’s criticized as being too liberal after rulings against him in highly publicized immigration controversies.

Three others are in the Ninth Circuit pipeline as part of a drive by Trump and the Republican-led Senate to reshape the judiciary with conservatives. Thirty-six of Trump circuit nominees have been confirmed so far, six this year.

<snip>

Despite her clerkship for conservative Fifth Circuit Judge Edith Jones from 1990 to 1991, Bade has drawn far less criticism than Miller and other Trump nominees attacked for being too conservative.

The Alliance for Justice, a progressive organization that has opposed many of Trump’s nominees, “strongly” opposed Miller in its background report but said only that Bade’s record should be carefully examined.

Five Democrats on the Senate Judiciary Committee, including Ranking Member Dianne Feinstein of California, voted to approve her nomination. None voted in favor of Miller.

Bade received the highest possible rating of “Well Qualified” from the American Bar Association’s Standing Committee on the Federal Judiciary.
More at:
https://biglawbusiness.com/bridget-b...court-judges-1
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  #177  
Old 03-18-2019, 2:59 PM
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Originally Posted by Paladin View Post
When the progs/liberals/Leftist like, or even just don't oppose, a judge, I get concerned....

More at:
https://biglawbusiness.com/bridget-b...court-judges-1

There could be a clue here:

Judge Bridget Bade –
Nominee to the U.S. Court of Appeals for the Ninth Circuit
The Vetting Room. 12/10/2018
https://vettingroom.org/2018/12/10/j...t-bade/#ftnt11
Quote:
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.

Looking up Senator Jon Kyl Voting Record at On The Issues:
http://www.ontheissues.org/Domestic/...un_Control.htm

Voted YES on allowing firearms in checked baggage on Amtrak trains.
Voted YES on prohibiting foreign & UN aid that restricts US gun ownership.
Voted YES on prohibiting lawsuits against gun manufacturers.

Voted NO on banning lawsuits against gun manufacturers for
gun violence and 10-year reauthorization of the assault weapons ban
(Please Read the actual description, its somewhat convoluted)

Voted NO on background checks at gun shows.
Voted YES on more penalties for gun & drug violations.
Voted YES on loosening license & background checks at gun shows.

Voted YES on maintaining current law: guns sold without trigger locks.
Ban gun registration & trigger lock law in Washington DC.
Allow firearms in National Parks.


So overall the Senator appears Pro 2A, and Judge Bridget Bade supported
him with $250 contribution in 2006.... So there's That.


Noble
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  #178  
Old 03-18-2019, 3:33 PM
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Originally Posted by Baja Daze View Post
We still have a long road to go in the 9th Circus....

We have 9 Klinton Judges; 7 Barry Judges; 5 G.W. Bush Judges and 3 Trump Judges, however one is Bennett in Hawaii and is considered an anti....

So that's a current margin of 17-7 with 5 current vacancies to hopefully be filled by Trump, however that still leaves us with the score at just 17-12.

Hopefully the septuagenarian libtard Judges start retiring...
17-12 isn't bad compared to the current 17-7. Not ideal, but a big step in the right direction.
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  #179  
Old 03-19-2019, 2:16 PM
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Trump’s 9th Circuit court nominee doesn’t live in California. Some say that’s a problem

9th Circuit Court of Appeals nominee Daniel Bress was born and raised in Gilroy, Calif., but has lived all but one year of his adult life on the East Coast.

California’s Democratic senators, Dianne Feinstein and Kamala Harris, argue that should disqualify Bress from filling a California-based vacancy on the court, the largest and busiest in the country.

<snip>

Even South Carolina Republican Lindsey Graham, the chairman of the Senate Judiciary Committee, said that could be a problem. “Having a nominee to the circuit court with very little connection to California bothers me,” he said.

Democrats have little leverage after eliminating the filibuster for judicial nominees in 2013....

University of Richmond Law Professor Carl Tobias, an expert on judicial selection, said Bress’ nomination may spark concerns among Republicans that they could one day face a similar situation in their home state.

It’s “very rare” for a circuit court judge nominee not to live in the state where he or she is being nominated, Tobias said. And Graham “doesn’t want any president appointing someone for South Carolina in a way that he can’t have a substantial say on.”

Both constitutional and practical reasons make residency such an important issue..

The constitution gives senators the power of “advice and consent” over judicial nominees. Home state senators have traditionally played a critical role in screening and approving a president’s picks for federal courts in their state.

<snip>

The Senate Judiciary Committee held a hearing for California 9th Circuit court nominees Kenneth Lee and Daniel Collins on March 13. The committee has not yet scheduled a hearing for Bress. Neither Graham nor the White House would comment on any further discussions about his nomination.

But Tobias said he’d “be surprised to see them pull back from it,” given the risk of a backlash from right wing activists. “It depends on Graham, really, and how much he’s willing to go to bat” on the issue.
More at: https://www.sacbee.com/latest-news/a...228086004.html
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  #180  
Old 03-19-2019, 2:31 PM
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Talking SFChron: "Ninth Circuit recommended for expansion, setting up potential for Trump ...

Frankly, I hope they expand it and then divide it!

Quote:
Ninth Circuit recommended for expansion, setting up potential for Trump to reshape the court

U.S. judicial leaders are proposing to add five additional judges to the Ninth U.S. Circuit Court of Appeals in San Francisco, an expansion that would make it theoretically possible - though politically unlikely - to shift the majority on the nation’s largest federal appellate court from Democratic to Republican.

The U.S. Judicial Conference, composed of judges from the nation’s federal courts, issues recommendations to Congress every two years to expand the judiciary to keep up with the courts’ increasing workload. This year’s plan would add 60 judgeships — 22 of them in California — to the heavily backlogged District Courts that handle trials, and would increase the number of Ninth Circuit seats from 29 to 34. The circuit hears appeals from federal courts in California and eight other Western states.

The Ninth Circuit now has 24 judges, 16 appointed by Democratic presidents and eight by Republicans, including three by President Trump, who has called the court hostile and biased for its rulings against him on issues such as immigration, birth control and transgender military service. Trump nominations to fill the court’s five vacancies are awaiting votes in the Senate, and the creation of five additional seats in the next year would bring the total of judgeships to 34 — and the potential number of Republican appointees to 18.

The court’s expansion would require approval from Congress, which last passed a comprehensive bill to enlarge the federal judiciary in 1990 and added a single seat to the Ninth Circuit in 2008. Legislation to expand the courts during Trump’s presidency could be blocked by a Democratic filibuster in the Senate or by the Democratic majority in the House.

Judicial Conference recommendations have gone nowhere in Congress because “whoever doesn’t have the White House doesn’t want to give the opposition party vacancies to fill,” said Carl Tobias, a University of Richmond law professor who follows court nominations closely.
More at: https://www.sfchronicle.com/news/art...g-13698160.php
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Last edited by Paladin; 03-19-2019 at 2:37 PM..
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