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To: Mark in the Old South
4. Redistricting of the Federal Courts, Eliminate a few seats while creating new ones and you can give a few judges their pink slip.

It's not well know, but this has actually been done before although the reason for doing it then stunk aout as much as Judge Greer does today.

During the Civil War the D.C. Circuit Court of Appeals remained active hearing civilian cases in the capital. It was made up of hard line strict constructionist judges who had been appointed by presidents going back to James Madison. In 1861 a military general in the Union Army named Andrew Porter disagreed with a very minor ruling the court issued pertaining to a soldier under his command and challenged their authority on the grounds that he exercised martial law in the District of Columbia (this was much disputed at the time and was not settled in favor of the civilian courts until 1866). In the ensuing weeks General Porter used his soldiers to harass the judges on the court including putting one of them under house arrest. The other judges, led by the one appointed by Madison, issued a contempt of court citation against Porter in response but found themselves unable to enforce it since he obviously had superior force at his disposal. Anyway, Porter's cause, even though he was clearly in the wrong, got taken up by the Radical Republicans who controlled congress in the day. In 1863 they pushed through a bill that abolished the D.C. Circuit Court and reconstituted it as the "Supreme Court for the Distict of Columbia." The result: all the judges on the D.C. Circuit Court were thrown out of office and five new slots were open for presidential appointments.

Again, the reason for doing this in the 1863 case is far from reputable or advisable as General Porter was clearly acting in violation of the constitution as was later found by the Supreme Court in another similar case. But it shows that Congress can and has exercised its power to clear the federal court benches before and could theoretically do so again.

10 posted on 03/26/2005 12:06:41 PM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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To: GOPcapitalist
The case you cite really has no bearing here. He was acting in extraordinary situation and in a shameless manner even then. The Left will scream but I see many on the small government wing of the Right are screaming now and for what reason. Both seem to fear Terri will be saved by any action that might be useful to the parents. Too many Republicans seemed more worried about their taxes and Social Security reform. Seems connected to me, and people wonder why folks like me are more angry at the GOP than the DNC. It is easy enough to avoid the viper when you see it. It is the betrayal of friends that cuts the deepest. The last four years the social conservative agenda has been out of site out of mind, but the collection plate is passed around every election and the shrill calls that the DNC is worse. Worse than Specter, worse than Souter? The slow train to Auschwitz gives me no comfort. Deliver or perish.

Thanks for confirming the legality of this recommendation, not that we will ever see it applied, nor any of the other suggestions no matter how mild.
11 posted on 03/26/2005 12:30:46 PM PST by Mark in the Old South (Sister Lucia of Fatima pray for us)
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