Feinstein will block Idaho nominee to 9th Circuit Court

The Associated Press/Salt Lake Tribune ^ | March 3, 2006 | The Associated Press

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Article Last Updated: 03/03/2006 1:25 AM MST

Feinstein will block Idaho nominee to 9th Circuit Court

The Associated Press

BOISE - Sen. Dianne Feinstein of California says she will block the nomination of an Idaho judge to the 9th U.S. Circuit Court of Appeals because she believes the seat should go to someone from California.
   Feinstein, a Democrat, made the announcement during a hearing before the Senate Judiciary Committee in Washington on President Bush's nomination of Idaho District Judge Randy Smith.
   Bush nominated Smith to replace Judge Stephen Trott, who moved to Idaho from California after his appointment to the court in 1988. Trott declared senior status in December 2004, meaning he will take a much lightened caseload. Since then, Idaho has not had an active judge on the court.
   Feinstein and Sen. Barbara Boxer, D-Calif., said the seat should go to a California judge because tradition holds that judgeships remain in the same state. They have been protesting since last March after they learned the seat was promised to Idaho.
   ''To allow a judge's personal choice of where to live to change the allocation of future Court of Appeals sets a dangerous precedent.
   ''As this nomination ignores the judicial needs of the 9th Circuit and the state of California, I must oppose it, and I intend to place a hold upon this nomination,''

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she said.
   Sen. Larry Craig, R-Idaho, said the seat does belong to Idaho since Trott was based in Boise for the 17 years he was on the court.
   ''In fact, the seat has resided in Idaho longer than it has resided in California,'' Craig told the committee. ''I don't believe any tradition was violated when President Bush nominated an Idahoan to the seat.''
   The ranking Democrat on the committee, Sen. Patrick Leahy, D-Vt., said Bush should nominate Smith for the seat vacated by 9th Circuit Judge Tom Nelson, an Idaho-based judge who declared senior status in 2003. Boise attorney William G. Myers was tapped by Bush three years ago to succeed Nelson, but his confirmation has been held up by a threat of filibuster.
   
   
   

[iPod Shuffle]

Simple solution... let the nominee to move to California.. once confirmed, he can move back to Idaho.

[My2Cents]

Feinstein and Sen. Barbara Boxer, D-Calif., said the seat should go to a California judge because tradition holds that judgeships remain in the same state

Anyone from a state that has elected Feinstein and Boxer should automatically be disqualified from serving on the court.

[Brilliant]

Yet another good reason to split up the 9th Cir. Why should Feinstein have the right to block any nominee of a court that has jurisdiction outside of California?

[kcbc2001]

I thought liberals hated tradition.

[colorcountry]

California, there so speecial....way more qualified to judge than those hicks in Ideeho. < /sarc>

[proxy_user]

Ummm....what stops the Senator from Idaho from doing the same thing when her buddy is picked?

[RWR8189]

I doubt Bush is going to pick someone that is good buddies with Feinstein.

[HEY4QDEMS]

because tradition holds that judgeships remain in the same state

Just like tradition holds that marriage is between any two things with a pulse, right Diane???

[FreePaul]

I'll bet that they can find someone from California who she won't want on the court.

[E. Pluribus Unum]

Sen. Dianne Feinstein of California says she will block the nomination of an Idaho judge to the 9th U.S. Circuit Court of Appeals because she believes the seat should go to someone from California.

Too bad, so sad.

[Waco]

Profiling? Why, shore Barney.

[right right]

That works. Just let the Senator(s) from little populated Idaho block all potential appointees made by mucho populated California's Senators, including to the military academy's if possible. Thats even steven.

[Blessed]

Leave it vacany.Anthing that slows down the 9th circuit is good.

[Paperdoll]

>Anyone from a state that has elected Feinstein and Boxer should automatically be disqualified from serving on the court<


LOL, but seriously, can she do that?

[nina0113]

...what stops the Senator from Idaho from doing the same thing when her buddy is picked?

Honor.

[HEY4QDEMS]

If anything can slow it down, "vacany" can! LOL

[jazusamo]

That's one notch too high on the difficulty scale for her to figure out.

[wildbill]

So the parameters of the qualifications of a judge are not his legal expertise, but whether or not the judge is from a particular state.

Another fine mess the Dems are trying to create.

[colorcountry]

The perfect solution - find THE most conservative judge in California to fill the vacancy. I'm sure he'd be more than happy to move to Idaho after his appointment!