Posted on 05/23/2005 5:45:44 AM PDT by OESY
The Senate fight over President Bush's judicial nominees isn't just about their opinions -- it is also about their destinations. The contentious choices would tip the balance in some evenly split appellate courts, or could challenge the prevailing views of other panels on issues such as civil rights or environmental policy....
Democrats say the seven blocked Bush nominees could start a conservative shift in courts that aren't already tilted that way. "Balance on the court matters to us," said Sen. Charles Schumer of New York. "I've always felt a good court would have one [Justice Antonin] Scalia and one [former Justice William J.] Brennan and not five of either," he added, referring to both a conservative and liberal Supreme Court justice.
There are 13 circuit courts of appeals across the country, each with varying numbers of members, including courts for the District of Columbia Circuit and the Federal Circuit. They operate just below the U.S. Supreme Court and are the final arbiters of many cases, because the high court agrees to hear only a tiny percentage of the cases appealed to it.
The District of Columbia Circuit Court of Appeals is considered the most-important appellate court and one that has jurisdiction over much of the federal government, including environmental and labor laws. Republicans blocked two Clinton appointees to the court during the 1990s. When President Bush took office, the court had four Democratic-appointed judges, four Republican-appointed ones and four vacancies. One vacancy already has been filled by a Bush appointee.
Ms. Brown is slated to be the president's second appointment. The daughter of Alabama sharecroppers and an easily re-elected member of the California Supreme Court, Ms. Brown has heard more than 700 cases during her tenure on the state court....
(Excerpt) Read more at online.wsj.com ...
That was one of the main reasons W was elected and re-elected.
Can you post a little more of the article?
If the 9th circus shifts to the right I will be floored.
Ping.
Why is there only one nominee per district, but multiple vacant seats?
Yes, that's the idea. That's precisely why he was elected and why the voters gave the Senate a majority!
yes, that is the whole point!
Can someone tell me how this is serving the people? How is this spending tax payer money wisely?
ditto ping
I wish I could. Restrictions on posting (i.e., 300-word limits) prevent it.
Okay, so Democratic Presidents are going to appoint conservative judges?
That graphic makes the RATS' arguments over judicial nominees amazingly transparent.
Look at the Ninth Circuit "balance", Schumer! Kinda telling how this Circuit Court has the MOST BY FAR overturned decisions by the Supreme Court.
We (libs and conservatives alike) are all so concerned about how appellate and Supreme Ct. justices will rule concerning legislation--legislation passed by freely elected US and state legislators. Yet, there is NOTHING, I repeat NOTHING in the US constitution giving federal judges the authority to overturn legislation passed by such legislators. The judiciary (under Chief Justice Marshall) essentially seized this power in a constitutional coup in the seminal case Marbury vs. Madison. What we conservatives should be debating is whether the institution of judicial review should even exist in this day and age. Most representative republics don't have it. A law passed by a freely elected parliament is assumed to be constitutional. That is how it is in Britain and most of Europe. American legislators and executives swear an oath to uphold and defend the US constitution. It is thus unthinkable that they would introuduce, let alone pass legislation violating our Constitution. I know this seems quixotic, but if we press our allies in the Federalist society and in Congress, we may, someday, be able to push through a constituional amendment eliminating the odious doctrine of judicial review.
After our Pubbie Senators are done nuking the RATs, they should wipe their noses in it and SPLIT the Ninth Circuit.
The Ninth Circuit has a horrific record and unfortunately makes decisions for over 1/4 of the US population.
Cbolt, what is the process for splitting up or creating a new circuit court?
As a check and balance on the Federal Judiciary, the Constitution allows Congress to limit the Court's jurisidiction as it sees fit. High time to excercise this perorgative.
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