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4th Circuit Court could be reshaped (important read)

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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 09:07 AM
Original message
4th Circuit Court could be reshaped (important read)
Source: Richmond Times-Dispatch

As president, Barack Obama and a new U.S. Senate could transform the Richmond-based 4th U.S. Circuit Court of Appeals, long one of the most conservative in the country.

Since few cases make it past the country's 13 circuit courts to the U.S. Supreme Court, the 4th Circuit is, in large part, the highest court for the states it serves: Virginia, Maryland, West Virginia, North Carolina and South Carolina.

As a result of Tuesday's elections, South Carolina will have two Republican senators, Virginia, Maryland and West Virginia will have two Democrats each, and North Carolina's two seats will be split between the parties.

Tobias said that traditionally the 15 seats on the court are divided between the five states that make up the circuit: Virginia and South Carolina each have four; Maryland, three; and West Virginia and North Carolina, two each.

Virginia, Maryland, North Carolina and South Carolina have one vacancy each.

Read more: http://www.inrich.com/cva/ric/news.apx.-content-articles-RTD-2008-11-10-0141.html



There are four Bush nominees for the vacancies, but none has received a hearing, Tobias said. "I don't think any of those four will be seriously considered. . . . I cannot imagine why the Democrats are going to want to confirm a Bush nominee now," he said.

Kimberly Hunter, press secretary for Sen. Jim Webb, D-Va., said, "We have no expectation that there will be any additional judicial confirmations prior to the 111th Congress convening in January."
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specialed Donating Member (276 posts) Send PM | Profile | Ignore Mon Nov-10-08 09:11 AM
Response to Original message
1. It's happy dance time!!!
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pattmarty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 09:35 AM
Response to Original message
2. Yes, this is probably the most important under the radar........
.......thing of having a Dem controlled Senate & House with a Dem president. Now we can have "normal" qualified people appointed to the lower federal courts, instead of these insane "john Birch" fascist morons.
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onehandle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 09:41 AM
Response to Original message
3. Block Bush Nominees.
Filibuster our goals to help Americans? Fine, block their right-wing ideologues.
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pleah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 09:43 AM
Response to Original message
4. It would be insane to appoint any bushies this late in the game.
Like Webb said, "We have no expectation that there will be any additional judicial confirmations prior to the 111th Congress convening in January."

Good.
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DeepModem Mom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 09:45 AM
Response to Original message
5. K&R
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 09:55 AM
Response to Original message
6. This is important indeed
The Fourth Circuit has been the go-to circuit for right wing crazies who want legal blessing for their unamerican shenanigans. Four vacancies being filled by a Democrat could seriously upset the imbalance there.
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barbtries Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 05:02 PM
Response to Reply #6
14. or liberally correct it! :)
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Frances Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 10:14 AM
Response to Original message
7. Why does South Carolina have 4 and Maryland only 3?
And why does South Carolina have 4 and North Carolina only 2?

It seems to me that South Carolina has disproportionate representation on the court.

From the article:
"Tobias said that traditionally the 15 seats on the court are divided between the five states that make up the circuit: Virginia and South Carolina each have four; Maryland, three; and West Virginia and North Carolina, two each."
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 04:29 PM
Response to Reply #7
12. I don't know but if I were to venture a guess
I would guess that this goes back to the founding period. Va and SC were THE economic powerhouses of the day so either they exerted more influence on getting their guys in those positions or they had the most activity and the most legal questions.

Not sure.

WV obviously didn't exist. Maybe NC didn't have the sway of their neighbors to the south.

??
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GOPNotForMe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 10:16 AM
Response to Original message
8. Fantastic news. I have been following the 4th Circuit drama for a while now.
They have had too many vacancies for a LONG time (back to the Clinton era).
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HillbillyBob Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 11:12 AM
Response to Original message
9. No more Lieberty (jerry foolwells ''law'' school)
and Regent (pat robbersons ''law'' school) nominations would be a good thing.
390 of these dominionists theorcrats have already been installed by booshed.
Both schools were founded to overturn our constitutions separation of church and state.
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BanTheGOP Donating Member (596 posts) Send PM | Profile | Ignore Mon Nov-10-08 04:11 PM
Response to Original message
10. I've written on this very issue...
...in my journal, titled http://journals.democraticunderground.com/BanTheGOP/38">JUSTICE 40/40: 40 JUDGES IN 40 DAYS. Basically, I laid out a plan for the Obama administration to fast track the placement of progressive judges in the first 40 days of the administration (actually, 60 days). This can be done even with everything else that needs to be done.

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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 04:20 PM
Response to Reply #10
11. I like the onslaught approach
a massive nomination process could prevent McConnell from exerting stop-options (or whomever is on the committee) as it would be a PR nightmare
well in the real world it would be, nowadays it would probably be spun differently.

Good ideas there BanTheGOP :thumbsup:
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barbtries Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-10-08 05:01 PM
Response to Original message
13. i certainly don't feel like rushing into
filling those seats with the president we have now.
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