Archive for federal court

“New definition of a consensus nominee is someone who Republicans like, Dems can stomach…”

wtf moment in progress

 

Judicial nominations have been moving at a snail’s pace, and of course, Republicans have blocked the president every step of the way. The courts have been overloaded, backed up, cannot function properly, and so they are unable to handle cases as judges are unavailable to preside over court proceedings. Trying to get your day in court has become as challenging as passing Democratic legislation in our current Congress.

 

To make matters worse, many Bush judges are already in place, which explains so many decisions that make Progressive heads explode.

 

Which brings us to the good news and bad news.

 

The good news: President Obama has found himself a judicial nominee that appeals to Republicans.

 

The bad news: President Obama has found himself a judicial nominee that appeals to Republicans.

 

Via the Los Angeles Times:

 

President Obama, who has seen court nominees run into Republican roadblocks, may have found a winning strategy for putting a judge on the powerful U.S. appeals court here: He chose a highly regarded corporate lawyer whose resume suggests he could have been a Republican nominee.

Sri Srinivasan, 46, was a law clerk for two Republican-appointed judges after graduating from Stanford University, and he worked in the George W. Bush Justice Department for five years before joining the Obama team as deputy U.S. solicitor general.

 

This man, per the Times, is likely to be confirmed. Bush’s guy. From the Bush Justice Department, which, by the way, is an oxymoron.

 

More bad news: Senator Ted Cruz likes him. He and Srinivasan were law clerks in Virginia and at the Supreme Court together.

 

More good news: He would be the first South Asian native to serve on a U.S. appeals court.

 

More bad news:  He could be a leading candidate for the Supreme Court if and when a vacancy opens up.

 

More good news: He’s a good listener and open-minded, per a colleague.

 

More bad news:

 

Liberal activists, unions and human rights groups refused to support him. Most of them say they decided to remain silent, not wanting to upset the White House or stand in the way of an Obama nominee…. The strongest opposition to Srinivasan has come from human rights advocates who have sued multinational corporations.

 

Are you getting nervous yet? No? Let me nudge you along:

 

Marco Simons, legal director for Earth Rights International, wrote to the Senate Judiciary Committee complaining of Srinivasan’s “propensity for pro-corporate, anti-human rights judicial activism.” As a lawyer in Washington, Srinivasan has “built a practice around defending powerful multinational companies against allegations of human rights abuses such as war crimes, torture and summary execution,” Simons wrote… “The new definition of a consensus nominee is someone who the Republicans like and the Democrats can stomach because they don’t want to defy the president,” he said.

 

There’s your “liberal” president, GOP.

The GOP Supreme Court Coup Is the Carbon Monoxide Asphyxiating Democracy

democracy emergency

Your Daily Dose of BuzzFlash at Truthout, via my pal Mark Karlin:

The Republicans long ago figured out that the way to have legislative control over the United States is to pack the federal courts. [...]

Recently, we noted how Antonin Scalia’s withering disdain for Congress erupted into open contempt and dismissal of the legislative branch in oral arguments over the Voting Rights Act.  [...]

We also noted a short time back how the Republicans control the DC Court of Appeals and have now since the Reagan administration.  Because the DC Court of Appeals hears many of the most important federal cases, it has made a very large number of benchmark decisions that have been essentially legislating from the bench and creating an imbalance of power between the three branches of government (something the majority of 5 on the Rehnquist and Roberts Supreme Courts have excelled at). [...]

Currently the DC Court of Appeals is short four judges because the Republicans won’t allow most of Obama’s appointments through (holding up some lower court appointments for literally years).  Then they pack the federal benches when there is a Republican president, and the Democrats only rarely block GOP appointments.  [...]

As reported in the New York Times on March 6, “Republicans Block Judicial Nominee’s Confirmation for a Second Time”  [...]

The harm to the Constitution that has been done by the GOP strategic brilliance in manipulating the federal bench is incalculable. [...]

Even if the Democrats proceeded with serious filibuster reform (an up or down vote as the Republicans used to demand), it would literally take decades for the federal bench to be restored to a stance of equilibrium.  That is because the Republican planted judges are so entrenched – with appointments for life – that their investment will pay off for them for years to come.

Please read the rest here.

Osama bin Laden’s son-in-law, who has served as al Qaeda spokesman, captured and brought to U.S.

busted 3

Via a CNN email alert:

Osama bin Laden’s son-in-law, who has served as an al Qaeda spokesman, was captured and has been brought to the United States, two administration officials and a federal law enforcement official said today.

Sulaiman Abu Ghaith is being held in New York and will appear in court Friday to face federal charges, the law enforcement official said. A sealed indictment lays out charges against him, the administration officials said.

Abu Ghaith was captured within the past week in Jordan, according to a spokesman for U.S. Rep. Peter King of New York.

Get complete coverage of breaking news on CNN.com

“Will appear in court”? Why, that’s positively skeery! Why isn’t he at Gitmo being deprived of due process? *sarcasm*

Republican Federal Judge: How the GOP Has Packed the Courts With Partisan Hacks

scales of injustice

Your Daily Dose of BuzzFlash at Truthout, via my pal Mark Karlin:

The hijacking of the federal judiciary by the Republican Party – through the appointment of aggressive partisan judges combined with preventing votes on nominations by Democratic presidents – is the hidden cancer on US government.  The sudden nixing of recess appointments last week by a DC appellate court panel of three Republican-appointed judges (in this case Obama filling empty National Labor Relations Board (NLRB) seats and appointing Richard Cordray to chair the Consumer Financial Protection Bureau (CFPB) during a recess to circumvent endless Republican sabotage in the Senate) is symbolic of the macro-subversion of justice through manipulation of the federal bench, including, of course the Supreme Court. [...]

Enter David Sentelle, Chief Judge of the Court of Appeals for the District of Columbia Circuit.  Not only is the DC appellate court the most powerful in the land, it is essentially the pre-trial hearing ground for government cases before they reach the Supreme Court (if the Supreme Court chooses to hear an appeal).

Last week, Sentelle headed the three-judge panel that voided the NLRB and CFPB appointments.  As we know, unlike elected officials, federal judges are appointed for life (unless they are impeached by Congress, resign or die).  [...]

But to revisit just a few of Sentelle’s GOP water carrying rulings, we can start with his leading the overturning of the convictions of Oliver North and John Poindexter as obtained by Lawrence Walsh, independent prosecutor for the Iran-Contra scandal.  

Sentelle changed the course of US history when he appointed Ken Starr to oversee the so-called Whitewater investigation of the Clintons.  [...]

Who then supervised Ken Starr?, Why a federal DC appellate court special division headed by Sentelle – which allowed Starr to proceed on an investigation that had morphed into what Joe Conason and Gene Lyons called in a must-read book: “The Hunting of the President: The Ten-Year Campaign to Destroy Bill and Hillary Clinton.”  Clinton would have never been impeached if it were not for Sentelle carrying out the political dirty work of Helms and Faircloth on behalf of the Republicans on Capitol Hill. [...]

The calamitous impact of the strategic long-range control of the top levels of the federal bench by Republicans continues unabated.

A Januray 5 Los Angeles Times article, “Obama struggles to nominate, confirm federal judges,” notes…

[Obama] has had fewer judges confirmed than any first-term president in a quarter of a century, and he is the first chief executive unable to appoint anyone to the powerful D.C. Circuit Court of Appeals, which decides challenges to federal regulations.

This is also true of appointments to regulatory agencies such as the National Labor Relations Board and the head of the new Consumer Financial Protection Bureau. [...]

Given Harry Reid’s cave on filibuster reform, relief does not appear to be on the way — for either judiciary or regulatory appointments.

Please read the rest here.

Mississippi abortion law temporarily blocked

Remember this segment from the Rachel Maddow Show? Mississippi is trying to be the first state to completely ban abortion. That is their aim and they said it right out loud. Watch:

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Rachel:

“Watch this this weekend.”

It’s Monday, and this weekend there was a reprieve from one of those damned activist librul judges! L.A. Times:

JACKSON, Miss. — A federal judge Sunday temporarily blocked enforcement of a Mississippi law that could shut down the only abortion clinic in the state.

U.S. District Judge Daniel P. Jordan in Jackson issued a temporary restraining order the day the new law took effect and set a July 11 hearing to determine whether to block it for a longer time.

“Though the debate over abortion continues, there exists legal precedent the court must follow,” Jordan wrote. [...] “Plaintiffs have offered evidence — including quotes from significant legislative and executive officers — that the act’s purpose is to eliminate abortions in Mississippi. They likewise submitted evidence that no safety or health concerns motivated its passage. This evidence has not yet been rebutted.

Federal judge won’t block Florida voter purge

Don’t start me.

TALLAHASSEE, Fla. — A judge on Wednesday rejected a request by federal authorities to block Florida’s contentious move to remove potentially ineligible voters from its rolls. [...]

U.S. District Judge Robert Hinkle ruled there was nothing in federal voting laws that prevent the state from identifying ineligible voters even if it is close to the upcoming Aug. 14 election. [...]

“People need to know we are running an honest election,” said Hinkle, who was appointed by former President Bill Clinton.

A U.S. Department of Justice official said that the department would review the written decision when it was issued and declined to say whether federal authorities planned to appeal the ruling.

VIDEO- Why Rachel Maddow gave me nightmares: The GOP-dominated court system

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I literally cried as I watched this last night. I shortened the segment down. I suggest you watch every one of the seven minutes.

“Unprecedented… This is a very intentional, well-designed program, to keep as many seats open so that a future Republican president will put judges on… many of those judges side almost always with big corporations…”