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Throw Bush to the rabid flesh-eating liberals


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He doesn't go quail hunting with Dick Cheney so I like his odds of out living Scalia.

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I don't think anyone is going to go hunting with Cheney anytime soon.

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And still, what do they really affect on a day to day basis that is so important? Unless one is a legal scholar, who can readily discuss their decisions over the last month?

 

I'm sorry (not really, I lied) but R vs. W, gay marriage, etc are not issues critical to the preservation of the constitution nor the union. Lots of hand wringing over SCJ's but unless it's an issue that makes CNN or FOX, generally unimportant, it's under the radar anyway. I think it means more to lawyers, than anyone else. And it should.

 

Executive powers seem to be a big thing right now, but I also have enough respect for the wisdom of that court to have some sense. The most right wing among them is not going to make monumental decision that will also give carte blanche to the left in the future, and vice versa. That would be pretty stupid. I don't think they are stupid, or they wouldn't get to be even nominated to be SC Judges.

 

I'm out of my territory here, so I'm just going on gut opinion.

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With the exception of Clarence Thomas when he is thinking with his lower half, I would agree with you, especially the CNN/Fox standard, if it makes that level time to bail on the issue. Day to day, their decisions on Commerce and taxation have probably a larger, although largely ignored, effect on my day to day life...i.e. States vs. Individual or Federal rights than anything else.

 

P.S. I am routing for Stevens...

 

Responding to previous posts:

Legislating from the Bench by liberals, what do you think the outcome based judicial philosophy of Scalito is? Just has a right wing bent, so you guys are happy. :D All judging at that level carries bias and can be accused of legislating from the bench...please spare me the soap box.

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Responding to previous posts:

Legislating from the Bench by liberals, what do you think the outcome based judicial philosophy of Scalito is? Just has a right wing bent, so you guys are happy. :D  All judging at that level carries bias and can be accused of legislating from the bench...please spare me the soap box.

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Stop making sense. That has no place here.

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A perfect example of legislating from the bench is the 9th circuit court in California. Pick any decision. If Al Gore was president I could have imagined him picking from this scary lot.

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A perfect example of legislating from the bench is the 9th circuit court in California. Pick any decision.  If Al Gore was president I could have imagined him picking from this scary lot.

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I was going to say that legislating from the bench is a fiction except for the 9th Circus...except I figured that everyone would be smart enough to know that the !@#$ing idiots on the 9th are the obvious lunatic fringe exception and not the rule.

 

Sorry I overestimated you.

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I was going to say that legislating from the bench is a fiction except for the 9th Circus...except I figured that everyone would be smart enough to know that the !@#$ing idiots on the 9th are the obvious lunatic fringe exception and not the rule. 

 

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don't be too sure of that

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A perfect example of legislating from the bench is the 9th circuit court in California. Pick any decision.  If Al Gore was president I could have imagined him picking from this scary lot.

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Not going to deny some of the 9th circuit decisions are out there, but Gore would never have gotten them through with a GOP Congress, unlike Alito with a rubber stamp one who is just as scary on the right fringe.

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Not going to deny some of the 9th circuit decisions are out there, but Gore would never have gotten them through with a GOP Congress, unlike Alito with a rubber stamp one who is just as scary on the right fringe.

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Just for the hell of it, can you name me a conservative federal court that is as wacky as the 9th?

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Just for the hell of it, can you name me a conservative federal court that is as wacky as the 9th?

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It is between the 4th in VA and the 11th in Alabama. The 11th with the 10 Commandments decision still bothers me. Keep organized religion out of State Sponsored events or we will all become drones like the Iranians.

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It is between the 4th in VA and the 11th in Alabama.  The 11th with the 10 Commandments decision still bothers me.  Keep organized religion out of State Sponsored events or we will all become drones like the Iranians.

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The 11th is pretty nuts...but what'd the 4th do? I'm not familiar with any of their decisions.

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The 11th is pretty nuts...but what'd the 4th do?  I'm not familiar with any of their decisions.

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Nothing yet that I am familar with, but they just added a number of, need to confirm, Alito type judges and it is more a wait and see approach. One at least ran Jesse Helms race baiting and gay bashing campaign, Claude Allen.

 

Still can't get that image out of my head of Sen. Helms discussing Gays in the military saying are you a Homo...pause...sexyou'all.

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Just for the hell of it, can you name me a conservative federal court that is as wacky as the 9th?

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Here are the Judges of the Ninth Circuit Court of Appeals. Which ones are okay and which are the nutcases?

 

Mary M. Schroeder MMS Chief Judge

James R. Browning JRB Senior Circuit Judge

Alfred T. Goodwin ATG Senior Circuit Judge

J. Clifford Wallace JCW Senior Circuit Judge

Joseph T. Sneed JTS Senior Circuit Judge

Procter Hug, Jr. PRH Senior Circuit Judge

Otto R. Skopil ORS Senior Circuit Judge

Betty Binns Fletcher BBF Senior Circuit Judge

Jerome Farris JF Senior Circuit Judge

Harry Pregerson HP Circuit Judge

Arthur L. Alarcon ALA Senior Circuit Judge

Warren J. Ferguson WJF Senior Circuit Judge

Dorothy W. Nelson DWN Senior Circuit Judge

William C. Canby, Jr. WCC Senior Circuit Judge

Robert Boochever RB Senior Circuit Judge

Stephen Reinhardt SR Circuit Judge

Robert R. Beezer RRB Senior Circuit Judge

Cynthia Holcomb Hall CHH Senior Circuit Judge

Melvin Brunetti MB Senior Circuit Judge

Alex Kozinski AK Circuit Judge

John T. Noonan, Jr. JTN Senior Circuit Judge

David R. Thompson DRT Senior Circuit Judge

Diarmuid F. O'Scannlain DFO Circuit Judge

Edward Leavy EL Senior Circuit Judge

Stephen Trott SST Senior Circuit Judge

Ferdinand F. Fernandez FFF Senior Circuit Judge

Pamela Ann Rymer PAR Circuit Judge

Thomas G. Nelson TGN Senior Circuit Judge

Andrew J. Kleinfeld AJK Circuit Judge

Michael Daly Hawkins MDH Circuit Judge

A. Wallace Tashima AWT Senior Circuit Judge

Sidney R. Thomas SRT Circuit Judge

Barry G. Silverman BGS Circuit Judge

Susan P. Graber SPG Circuit Judge

M. Margaret McKeown MMM Circuit Judge

Kim McLane Wardlaw KMW Circuit Judge

William A. Fletcher WAF Circuit Judge

Raymond C. Fisher RCF Circuit Judge

Ronald M. Gould RMG Circuit Judge

Richard A. Paez RAP Circuit Judge

Marsha S. Berzon MSB Circuit Judge

Richard C. Tallman RCT Circuit Judge

Johnnie B. Rawlinson JBR Circuit Judge

Richard R. Clifton RRC Circuit Judge

Jay S. Bybee JSB Circuit Judge

Consuelo M. Callahan CMC Circuit Judge

Carlos T. Bea

 

At least twenty of them were appointed by Republican Presidents for whatever that is worth to you.

 

They have had some unique decisions but the reversal rate is no worse than most circuits and sometimes, they get reversed when they make a conservative decision. For example, in Raich, a medicinal pot case, they sided with recent Supreme Ct. precedent sharply limiting the scope of the commerce clause. Yet they were overruled by the Supremes but it was the liberal that overruled them. Thomas, Rhenquist and O'Connor dissented, siding with the Ninth Circuit.

 

For an article on the Ninth Circuit: Myth of the Liberal Ninth Circuit

 

As bad as the pledge case was, they were overturned on a technicality. The litigant didn't have standing. The merits of the case were, perhaps as a mercy to us all, were never reached. Because they didn't however, the issue is not settled law and will pop up again sooner or later. Later if we are very, very lucky.

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Here are the Judges of the Ninth Circuit Court of Appeals.  Which ones are okay and which are the nutcases?

 

Mary M. Schroeder MMS Chief Judge

James R. Browning JRB Senior Circuit Judge

Alfred T. Goodwin ATG Senior Circuit Judge

J. Clifford Wallace JCW Senior Circuit Judge

Joseph T. Sneed JTS Senior Circuit Judge

Procter Hug, Jr. PRH Senior Circuit Judge

Otto R. Skopil ORS Senior Circuit Judge

Betty Binns Fletcher BBF Senior Circuit Judge

Jerome Farris JF Senior Circuit Judge

Harry Pregerson HP Circuit Judge

Arthur L. Alarcon ALA Senior Circuit Judge

Warren J. Ferguson WJF Senior Circuit Judge

Dorothy W. Nelson DWN Senior Circuit Judge

William C. Canby, Jr. WCC Senior Circuit Judge

Robert Boochever RB Senior Circuit Judge

Stephen Reinhardt SR Circuit Judge

Robert R. Beezer RRB Senior Circuit Judge

Cynthia Holcomb Hall CHH Senior Circuit Judge

Melvin Brunetti MB Senior Circuit Judge

Alex Kozinski AK Circuit Judge

John T. Noonan, Jr. JTN Senior Circuit Judge

David R. Thompson DRT Senior Circuit Judge

Diarmuid F. O'Scannlain DFO Circuit Judge

Edward Leavy EL Senior Circuit Judge

Stephen Trott SST Senior Circuit Judge

Ferdinand F. Fernandez FFF Senior Circuit Judge

Pamela Ann Rymer PAR Circuit Judge

Thomas G. Nelson TGN Senior Circuit Judge

Andrew J. Kleinfeld AJK Circuit Judge

Michael Daly Hawkins MDH Circuit Judge

A. Wallace Tashima AWT Senior Circuit Judge

Sidney R. Thomas SRT Circuit Judge

Barry G. Silverman BGS Circuit Judge

Susan P. Graber SPG Circuit Judge

M. Margaret McKeown MMM Circuit Judge

Kim McLane Wardlaw KMW Circuit Judge

William A. Fletcher WAF Circuit Judge

Raymond C. Fisher RCF Circuit Judge

Ronald M. Gould RMG Circuit Judge

Richard A. Paez RAP Circuit Judge

Marsha S. Berzon MSB Circuit Judge

Richard C. Tallman RCT Circuit Judge

Johnnie B. Rawlinson JBR Circuit Judge

Richard R. Clifton RRC Circuit Judge

Jay S. Bybee JSB Circuit Judge

Consuelo M. Callahan CMC Circuit Judge

Carlos T. Bea

 

At least twenty of them were appointed by Republican Presidents for whatever that is worth to you.

 

They have had some unique decisions but the reversal rate is no worse than most circuits and sometimes, they get reversed when they make a conservative decision.  For example, in Raich, a medicinal pot case, they sided with recent Supreme Ct. precedent sharply limiting the scope of the commerce clause.  Yet they were overruled by the Supremes but it was the liberal that overruled them.  Thomas, Rhenquist and O'Connor dissented, siding with the Ninth Circuit.

 

For an article on the Ninth Circuit:  Myth of the Liberal Ninth Circuit

 

As bad as the pledge case was, they were overturned on a technicality. The litigant didn't have standing.  The merits of the case were, perhaps as a mercy to us all, were never reached.  Because they didn't however, the issue is not settled law and will pop up again sooner or later.  Later if we are very, very lucky.

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all of them

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Nothing yet that I am familar with, but they just added a number of, need to confirm, Alito type judges and it is more a wait and see approach.  One at least ran Jesse Helms race baiting and gay bashing campaign, Claude Allen. 

 

Still can't get that image out of my head of Sen. Helms discussing Gays in the military saying are you a Homo...pause...sexyou'all.

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Then I call bull sh--. The 9th Circus has a track record of questionable decisions that make you sit up and go "huh?" like one of Newbie's posts. You can't reasonably compare the 4th to them and then say "Well...they haven't done anything yet..." I'll agree the potential's there - anyone who actively supported Helms isn't quite right in the head, IMO - but the potential's also there for me to machine gun the local McDonalds. That doesn't make me as nuts as James Huberty, until I actually DO it.

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