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Elections Discuss Gingrich: Abolish ‘anti-American’ Ninth Circuit judges at the Political Forums; Originally Posted by knowuryder . . . ....but even if you are right, the fact that it gets overturned with ...

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  #41 (permalink)  
Old 01-03-2012, 10:33 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

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Originally Posted by knowuryder View Post
. . .

....but even if you are right, the fact that it gets overturned with the frequency you are suggesting without any sources, would mean that in fact our judicial system is working just fine and that it does not really ever get a chance to overreach..
(color emphasis added)
. . .
*sigh*

Disorder in the court
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The 9th Circuit is overturned more than any other appeals court. Its size may be a factor.
Take a Hint? Supreme Court Rejects 5 Rulings in a Row From West Coast Bench

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The Supreme Court may be sending a message to one of the country's most liberal appeals courts, unanimously overturning five consecutive cases out of the 9th Circuit in less than a week.

As the nation's biggest circuit, representing most of the western United States, it should come as no surprise that the 9th Circuit has more cases heard before the Supreme Court than any other jurisdiction -- in turn resulting in more reversals. But the latest string of rulings is unusual even for the 9th, which often is at odds with conservatives on the Supreme Court. The fact that the rulings were unanimous can be seen as a signal from on high that the circuit needs to get in line.

More Ninth Circuit Mayhem
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The Ninth Circuit Court of Appeals is often a source of national amusement. . ..

9th CIRCUIT COURT IS MOST REVERSED APPEALS COURT IN AMERICA
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But the plain truth is that the U.S. Supreme Court overturns more of the 9th Circuit’s decisions than any other appeals court. The facts speak for themselves:

• The 9th Circuit has by far the highest overrule record since the federal judiciary was expanded in 1978

• In one year, the 1996-1997 session, the Supreme Court reversed 27 of the 28 cases it considered from the 9th Circuit (17 unanimously reversed)

• From 1996-1999 when the 9th Circuit was reversed on 54 of the 63 cases examined by the Supreme Court -- a reversal rate of 86 percent

• The 1999-2000 term saw a slight tapering off, with the Supreme Court reviewing 11 of the 9th Circuit cases and reversing eight of them.

• The 2000-2001 session, the Supreme Court considered 15 cases from the 9th Circuit, 11 of which it reversed.

• The 9th Circuit accounted for both 30 percent of the cases (24 of 80) and 30 percent of the reversals (18 of 59) the Supreme Court decided by full written opinions this term. In addition, the 9th Circuit was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.

United States Court of Appeals for the Ninth Circuit

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Most overturned court in the United States

Of the 80 cases the Supreme Court decided this past term through opinions, 56 cases arose from the federal appellate courts, three from the federal district courts, and 21 from the state courts. The court reversed or vacated the judgment of the lower court in 59 of these cases. Specifically, the justices overturned 40 of the 56 judgments arising from the federal appellate courts (or 71%), two of the three judgments coming from the federal district courts (or 67%), and 17 of the 21 judgments issued by state courts (or 81%).

Notably, the 9th Circuit accounted for both 30 percent of the cases (24 of 80) and 30 percent of the reversals (18 of 59) the Supreme Court decided by full written opinions this term. In addition, the 9th Circuit was responsible for more than a third (35%, or 8 of 23) of the High Court’s unanimous reversals that were issued by published opinions. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.[8]

The 9th Circuit also hears the most cases of any of the circuit courts and thus has the most decisions move on to the Supreme Court.
Try again?

The simple fact is, that it is painfully obvious that the Court should be reorganized, and split into two or more more manageable courts, (preferably staffed by less radical justices.) The Court is an instrument and creation of the Congress. No sin nor heresy attaches to a criticism of nor a revision if that body. It is not the a divine synod, nor a concourse of saints, and while it is certainly a relic, it is not a holy relic.

It is completely proper that its future be discussed the Public forum, and that naturally includes consideration of chastisement for any misconduct or incompetence on the part of justices who may have mistaken themselves for demigods or kings.
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  #42 (permalink)  
Old 01-03-2012, 11:24 AM
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Default Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges

1) I don't think "reorganizing the 9th Circuit Court" or "splitting it in two" equates to "arresting the judges if the President by fiat doesn't like their decisions," which is what this thread is about.

2) It is quite conceivable that the problem with the overturned rulings is the overrulers, not the overrulees.

But I'm sure you've read the summaries of each ruling, and have analyzed the arguments of each in detail, and are not just making a blanket indictment of the court based on a personal, prejudicial ("pre-judged") determination that the court is "liberal" or "anti-American."

Which would not be sufficient evidence to make your case, not even with Judge Judy.

Last edited by MrWrite; 01-03-2012 at 11:31 AM..
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