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Elections Discuss Gingrich: Abolish ‘anti-American’ Ninth Circuit judges at the Political Forums; Originally Posted by 762nato The judges on the Ninth Circuit Court should be in jail. Wow, Let me absorb that ...

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Old 12-18-2011, 06:17 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by 762nato View Post
The judges on the Ninth Circuit Court should be in jail.
Wow, Let me absorb that because it's sooo deep.
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Old 12-18-2011, 07:07 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by dabateman View Post
Your opinions are based upon everything else except for law...

If a federal district court dismisses a case on the merits, you either had no case, a crappy attorney, or both. I mean really it's not terribly difficult to get into court.
This is a very serious charge. The court did not say, "Get your ducks in a row ad come back and we will review it then. They gave them no real reason. Now witnesses have been fired or bought off and the county lacks funds DUE TO ILLEGAL ALIENS to fight without any hope whatsoever. That would be stupid.
They give weird off the cuff rulings and I wish I could investigate it myself but they are sleazy acting at times. If a particular political faction loves one ruling or another the ensuing media roar drowns out serious argument on the issue. ANY issue not just the pet liberal ones.
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Old 12-18-2011, 08:48 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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This is a very serious charge. The court did not say, "Get your ducks in a row ad come back and we will review it then. They gave them no real reason. ...
Without knowing the details, it sounds like the plaintiff either lacked standing or there was no federal issue involved. There are only a few reasons why a federal court will dismiss a case without hearing it.

Regardless, that's not a rational reason to want to see the 9th circuit dissolved.
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Old 12-18-2011, 09:17 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Without knowing the details, it sounds like the plaintiff either lacked standing or there was no federal issue involved. There are only a few reasons why a federal court will dismiss a case without hearing it.

Regardless, that's not a rational reason to want to see the 9th circuit dissolved.
unless you were on the receiving end of the dismissal and knew the case had merit. The county is POOR. It should not be so hard to get something done about highway robbery. And you assume the 'court' is acting responsibly here. You assume a lot when it comes to tat court.
We have no recourse (I don't live in that county anymore but have written to congress about it lotta-good-that-did in my district }.
The big picture here appears a shell game played by right and left. As long as you think the are great shakes because of some liberal ruling hoorah- hooray. I'm telling you something's fishy in Denmark.
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Old 12-18-2011, 10:01 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by saltwn View Post
This is a very serious charge.
And the more serious the charge, the more evidence required.

Quote:
The court did not say, "Get your ducks in a row ad come back and we will review it then. They gave them no real reason.
I'm sure that this is incorrect.

Quote:
Now witnesses have been fired or bought off and the county lacks funds DUE TO ILLEGAL ALIENS to fight without any hope whatsoever. That would be stupid.
Again, there would have to be some sort of proof.

Quote:
They give weird off the cuff rulings and I wish I could investigate it myself but they are sleazy acting at times. If a particular political faction loves one ruling or another the ensuing media roar drowns out serious argument on the issue. ANY issue not just the pet liberal ones.
All issues that make it THROUGH trial generally have some serious arguments on their side. That is not the fault of the court...
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Old 12-18-2011, 10:15 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by skrekk View Post
Funny that all the wingnuts want to abolish the 9th circuit, apparently because they don't like some of the decisions particular judges have made. I wonder who they expect will handle the federal legal needs in the west.....nobody? Or do they propose establishing a 9.1th circuit? If so, why do they think the rulings would be any different given that the cases, precedent, state laws and state and federal constitutions would be the same?

I think the only way you guys could achieve what you really want would be to move the entire west coast to Alabama, and leave all the western state laws behind.
Please refer to my posts above. Congress creates and oversees the Federal Court structure.

It has often been proposed the the Ninth Circuit be split into two or more less powerful courts.

But, again, Congress created the Federal Courts. If a particular court is thwarting the will of Congress, for instance in constantly overturning laws passed by that body, Congress is well within its purview to alter or abolish it.

Take it a step further. Congress oversees the court structurally, and Congress is the agent of the Electorate. Thus the People have every right to call for any Federal Court, with the exception of the Supreme Court to be altered at their pleasure, as expressed by their election of representatives.
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Old 12-18-2011, 10:17 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by Oftencold View Post
Please refer to my posts above. Congress creates and oversees the Federal Court structure.

It has often been proposed the the Ninth Circuit be split into two or more less powerful courts.

But, again, Congress created the Federal Courts. If a particular court is thwarting the will of Congress, for instance in constantly overturning laws passed by that body, congress is well within its purview to alter or abolish it.

Take it a step further. Congress oversees the court structurally, and Congress is the agent of the Electorate. Thus the People have every right to call for any Federal Court, with the exception of the Supreme Court to be altered at their pleasure, as expressed by their election of representatives.
Though there are some problems with this analysis that Congress can just willy nilly go through and alter the courts... There are reasons Congress doesn't do these things politically, the need for the courts to be their own entity being part of it.
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Old 12-22-2011, 09:10 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by dabateman View Post
Though there are some problems with this analysis that Congress can just willy nilly go through and alter the courts... There are reasons Congress doesn't do these things politically, the need for the courts to be their own entity being part of it.
The Federal courts are not "their own entity" they have taken it upon themselves to be a super-legislature made up of lifetime political appointees. It is unversally recognized there are "liberal" and "Conservative" courts, therefore they cannot be apolitical meriting exemption from regulation from the elected Congress.

It is time to rein in the current judicial tyranny by dissolving some Federal courts as Jefferson did and remind the SCOTUS they are answerable to the People by withholding appropriations for a term or two as Jefferson also did. Alternatively the SCOTUS could be threatened with "reforms" as FDR did with his court-packing scheme. Funniest thing the SCOTUS became far more accomodating to FDR's new deal when the court-packing bill was before Congress.

Newt deserves commendation for speaking truth to judicial power. Sweeping condemnations by lovers of the judicial oligarchy from both parties are nothing more than the reactionary expression of vested interest. I don't agree with every aspect of Newt's plan but we need to have the conversation about how to rein in an out-of-control Federal judiciary. No Virginia, 5 SCOTUS judges do not determine what the Constitution is.
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Old 12-22-2011, 10:05 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

I followed up on this a bit and what Gingrich wants is for judges to show Constitutional basis for thier decisions and have a board of review determine if they meet Constitutional muster. If they don't, then steps are taken. If you have a Jduge that repeatedly fails to meet the standard of upholding the Constitution, then you start impeachment hearings. The 9th is the most overturned Circuit Court in the nation by a substantial margin and is a good example to use of a court that needs someone to hold it's feet to the fire. Power without a check on it is very dangerous and that's what our courts are becoming.
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Old 12-22-2011, 01:37 PM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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I followed up on this a bit and what Gingrich wants is for judges to show Constitutional basis for thier decisions and have a board of review determine if they meet Constitutional muster. If they don't, then steps are taken. If you have a Jduge that repeatedly fails to meet the standard of upholding the Constitution, then you start impeachment hearings.
Congress is free to do that of course, but the judiciary doesn't answer to Congress so good luck with getting their attendance at any "board of review".

It does reveal that Gingrich is a bit weak on the whole separation of powers thing.
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