Sanctuary ruling: A little reminder from the 9th Circuit that judges matter

Americanthinker.com ^ | 7/14/19 | Monica Showalrer

[cotton1706]

No UN-recommended census question on citizenship, no ending of the arbitrary Obama DACA executive order (which had been rejected in Congress), no measly $6 billion for a border wall to stop a border surge of more than a million expected illegal invaders, no ability to even change one's legal team. The leftist courts up until now have always found merit on the thwart-Trump side, saying yes to any activist request, including the really stupid one from the Sierra Club, with the Supreme Court ruling that yes, the Sierra Club has a right to enjoy its scenery so President Trump can't use military funds to defend the country from an actual invasion.

It's gotten so bad they've been saying yes to any activist request.

It's gone too far. And the message to be drawn from this is that judges matter. There's no such thing as a non-partisan judge, as the increasingly disingenuous Supreme Court chief justice John Roberts had been trying to feed us. So many absurd rulings have come down in the wake of Trump's bid to enforce the border that it can only be chalked up to partisanship. So judges matter. Just as they did in the 2016 election, where many Asian-Americans and other voters atypically voted for Trump over Hillary Clinton. The current ongoing idiocy and this one little ruling of sanity from the 9th circuit appeals court (a high one) matters just as much as it did in 2016.

[cotton1706]

The 9th Circuit NOW has 12 Republican appointees vs 16 Democrat appointees...with 3 vacancies existing by the end of the year.

The tide is turning.

[airborne]

Amazing to think President Trump has turned this liberal court on it’s ear!

Thank you Mr. President!

[Hieronymus]

Unless all 3 are Dems, it will still take a while.

[LibertyOh]

Will be interesting to watch panel decisions in Trump’s favor reheard en-banc with a partisan different result. Fill the three open seats and still down one. Need one more opening before sanity can truly survive.

[nathanbedford]

There's no such thing as a non-partisan judge

I was greeted with sharp rebukes here in the wake of the Cavanaugh hearings when I observed that the most trenchent comment made by any Senator was done by Senator Ben Sasse of Nebraska. Most of those who rebuked me did so for supporting a Senator who was a rino and, evidently, insufficiently supportive of Donald Trump. The substance of his remarks was rarely mentioned. Many preferred to praise Lindsay Graham for his interjection which went a long way to saving the nomination. This is not to detract from Lindsay Graham's contribution but to focus on underlying causes.

Sasse argued that the reason Supreme Court advise and consent hearings are so contentious is because the Article I branch of the federal government has abdicated its responsibilities to legislate because Congress are placeholders and rent seekers who grant unnamed, unelected, Article II bureaucrats the actual power to make laws.

Further, since Congress abdicated its responsibility to debate policy and exercise power, the people who otherwise have no recourse against Article II bureaucrats, resort to the Supreme Court for political relief. When the television cameras show demonstrators outside of the Supreme Court rather than outside of the capital building, it is symptomatic of something gone very very wrong. What went wrong is the inevitable politicization of the Supreme Court resulting from the abdication of its constitutional duties by the Article I branch.

So today we celebrate correcting the politicization of the ninth circuit with new judges whom we hope will be, not Republicans, but originalists. At least this is an improvement over Democrat appointments who are rank partisans.

But to Sasse's point, we are not getting at the core problem but only dealing (as we must) with the symptom.

[wiseprince]

Most of the “Republican” appointees followed the blue slip rule which means they are basically Dems anyways.

[gibsonguy]

2-1 decision. Trump got a lucky draw. The full court will probably knock it down. But for now a win is a win.

[marktwain]

But to Sasse's point, we are not getting at the core problem but only dealing (as we must) with the symptom.

Sasse was not completely wrong.

He fails to see the big picture. Congress has had little real power for half a century, at least. The real power, existing outside of the three nominal branches of the governmetn, has been the Media.

[gathersnomoss]

It’s what is called a circle jerk.

[nathanbedford]

Good point.

[FLT-bird]

Keep ramming those Circuit Court appointments through. Yes, district court judges matter. Yes obviously getting Strict Constructionists on the SCOTUS is critical but most cases never make it that far. The Circuit Courts are the final stop for most cases that someone finds important enough to appeal. It is vital to get as many Strict Constructionists on the Circuit Courts as possible. Obama did a lot of damage with the 55 appointees he put on the Circuit Courts. We have a ways to go just to counter that before we can start making real progress with the courts.

[Widget Jr]

Well said.

[i_robot73]

BINGO! Judge appointments *shouldn’t* matter...if Congress was doing its J-O-B.

Anyone even REMEMBER the last time and topic Congress informed the Courts ‘hands-off’, as they are allowed??

[marktwain]

But to Sasse's point, we are not getting at the core problem but only dealing (as we must) with the symptom.

I believe we have been working at dealing with the core problem since about 1994.

The core problem being that nearly all information flow in the United States was controlled by one ideological group, Progressives.

Now, with President Trump, the power structure that kept Progressives of both parties in power, and was used to benefit the elite at the expense of the middle class, has been exposed to a majority of voters.

Either the people will take back power from the Progressives and restore freedom of speech by remove power from the existing media, or the elite will use the government to prevent future uprisings.

They could do this by using the existing corporate media structure, including Google, Facebook, Twitter to reduce free expression to levels they find non-threatening.

They could restructure voting by rendering the Electoral College non-functional.

They could grant voting rights to expanded, special groups such as 16-year-olds and recent immigrants, legal and illegal.

Not pretty for the rest of us.

[nathanbedford]

Whatever is to be done should be done quickly because the progressives have before them a paradigm of how to thoroughly control society by the application of technology.

Indeed, the very people, for example Google, who pose such a grave threat at home are actively collaborating with the Chinese in every intrusive application of Orwellian technology. Every Chinese is tracked all the time, every transaction is immediately recorded, the mentality is to render all of this into a citizenship report card to allocate or restrict human rights. We are not far from a situation where technology makes us robots and technology, or robots, (whether actually machine or human at this level of control hardly matters), become the elite.

[marktwain]

Exactly correct.

This is, perhaps, the biggest threat.

[GailA]

2nd and 5th need remade too.

[bakkentom]

Tomorrow the 3rd district will be 8-6 GOP majority judges.

Ordered, That following Leader remarks on Tuesday, July 16, 2019, the Senate proceed to executive
session and resume consideration of the nomination of Peter Joseph Phipps, of Pennsylvania, to be United
States Circuit Judge for the Third Circuit.
Ordered further, That at 3 p.m., notwithstanding the provisions of Rule XXII, the post-cloture time on
the Phipps nomination expire.

Senate vote after that I assume, just like last week with Bress.