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New spot is being created for 9th Circuit Court of Appeals.

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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:21 PM
Original message
New spot is being created for 9th Circuit Court of Appeals.
Hoy boy... :sigh:
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meegbear Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:24 PM
Response to Original message
1. Well, that's a very informative post ...
thanks Mr. Cronkite.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:26 PM
Response to Reply #1
2. You're welcome.
What would you like a link?
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meegbear Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:51 PM
Response to Reply #2
8. Yeah, but just one, I'm driving.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:26 PM
Response to Reply #1
3. or a dissertation?
Edited on Sat Dec-29-07 01:27 PM by lonestarnot
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midlife_mo_Jo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-01-08 03:00 PM
Response to Reply #1
29. Well, the court kind of deserves its reputation
Edited on Tue Jan-01-08 03:59 PM by midlife_mo_Jo
From a July, 2007 article in the L A times:

"http://www.latimes.com/news/opinion/la-oe-fitzpatrick11jul11,0,6274474.story?coll=la-opinion-rightrail

" Of the 19 9th Circuit cases reversed by the Supreme Court last term, eight of them were unanimous — that is, the 9th Circuit's view in these cases did not win the support of a single justice, from the liberal John Paul Stevens to the conservative Clarence Thomas. All the other 12 circuit courts combined were unanimously reversed only nine times. "

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madinmaryland Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:43 PM
Response to Original message
4. Where are they moving to?
:shrug:
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lpbk2713 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:47 PM
Response to Reply #4
5. Cheney's undisclosed location apparently.



:shrug:



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madinmaryland Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:49 PM
Response to Original message
6. CALL YOUR CONGRESSMAN, RIGHT FUCKING NOW!!1!!
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:34 AM
Response to Reply #6
10. Too late.
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uppityperson Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 01:49 PM
Response to Original message
7. what? More info please and I'll sigh with you.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:33 AM
Response to Reply #7
9. Congress has ok'd a new spot on the 9th Circuit Ct of Appeals Bench.
I tried to find more than what I know in print, but thus far have not been successful. Spew! Snort. Fart.
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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:39 AM
Response to Reply #9
11. The 9th Circuit Ct has been the target of this admin since they entered office. n/t
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 12:32 PM
Response to Reply #11
13. and remains so.
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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 12:45 PM
Response to Reply #13
15. I remember this ..
Dems Oppose Republican Move to Split the Ninth Circuit

On a day when another "activist" ruling from the Ninth Circuit Court of Appeals had conservatives fuming, House Democratic Leader Nancy Pelosi stood up for the court, opposing a Republican plan to split it in two.

A Republican proposal to split the liberal, San Francisco-based Ninth Circuit Court of Appeals has made its way into a must-pass House budget reconciliation bill, much to Democrats' dismay.

The Ninth Circuit covers nine states and is the largest of all U.S. circuit courts. Nicknamed the "Ninth Circus" by conservative critics, it is the same court that ruled the Pledge of Allegiance was unconstitutional because of the phrase "under God."

...

But on Thursday, House Minority Leader Pelosi said Republicans, in trying to split the Ninth Circuit, are attacking "an independent judiciary."

"On the merits, there is no justification for the Republican court splitting proposal. It is simply a partisan exercise to appease the radical right," Pelosi said in a press release.

Pelosi said the move to split the court would come at "tremendous cost" to U.S. taxpayers. "This proposal is simply unacceptable, and I will continue to oppose it," she added.

Sen. Dianne Feinstein (D-Calif.) this week warned House Republicans not to include split-the-court language in the budget reconciliation bill. She said the split would be unfair, because a newly configured Ninth Circuit would have many more cases per judge than a newly created Twelfth Circuit.

...

The Senate Judiciary Committee is considering a proposal to split the Ninth Circuit in two, something that would require President Bush to appoint more judges.

The new Ninth Circuit would include California, Hawaii, Guam, and the North Marianas Islands, while the new Twelfth Circuit would cover Arizona, Nevada, Idaho, Montana, Oregon, Washington, and Alaska.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 01:02 PM
Response to Reply #15
17. What I read was not a split, but an an additional seat being added, which is work toward a split?
:shrug:
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uppityperson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 12:32 PM
Response to Reply #9
14. Link to Chief Judge and general 9th Circuit...
http://writ.news.findlaw.com/commentary/20071231_tobias.html
The Ninth Circuit is the largest of the federal appellate courts in terms of numerous parameters. The tribunal has the most circuit judges (28) and federal districts (15), hears the greatest number of appeals (15,000 annually) and includes the biggest territory (14 million square miles). The Ninth Circuit may also be the most controversial, principally because the court is viewed by many (and, arguably, even by the U.S.. Supreme Court) as too liberal. Annual efforts to divide the court due to its magnitude and controversial character, however, have never been successful.

The Ninth Circuit's Chief Judge assumes overall responsibility for the Circuit's functioning and for effectively promoting appeals'prompt, economical and equitable determination. The Chief Judge also heads the Circuit Judicial Council, the court's policymaking arm, as well as represents the Ninth Circuit on the Judicial Conference, which makes policy for the whole federal judiciary, and in the Circuit's dealings with Congress. The Chief Judge is the only circuit member who sits on the limited en banc court, which articulates binding law for the Circuit when it rehears many of the Circuit's most contested and important appeals....


http://www.ca9.uscourts.gov/

Thanks.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 10:43 AM
Response to Original message
12. WTF? Very informative post
"new spot is being created for the 9th circuit court of appeals..." it's in the thing, you know, that place, they are like deciding it right now, do something cuz it's bad.

sheesh. i gave up 30 seconds of my life to read that fact free post.

:spank:
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 12:48 PM
Response to Reply #12
16. ticker said already done. A new position created.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 01:10 PM
Response to Reply #16
18. put up a freakin link to the information, source or whatever!
worthless!

:banghead:
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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 01:51 PM
Response to Reply #18
19. U.S. Senate Votes to Add 29th Judgeship to Ninth Circuit
Wednesday, December 19, 2007

U.S. Senate Votes to Add 29th Judgeship to Ninth Circuit

By STEVEN M. ELLIS, Staff Writer

The U.S. Senate has approved a measure to add a judge to the Ninth U.S. Circuit Court of Appeals—bringing the total number of authorized active judges to 29—by eliminating a vacant seat on the D.C. Circuit.

The Senate adopted the measure Monday night when it voted unanimously to pass H.R. 660, also known as the Court Security Improvement Act of 2007, which would amend Title 18 of the U.S. Code to provide added protection for judges, prosecutors, witnesses, victims and family members.

Sen. Dianne Feinstein, D-Calif, said in a press release:

“This legislation will meet an urgent need by adding a new Ninth Circuit judgeship in California… The Senate has recognized that it makes sense to take a judgeship from where it is needed least, and put it in California where it is needed most.”

Sen. John Kyl, R-Ariz, agreed that the change was necessary.

“The Ninth Circuit, which serves Arizona and the Western states, has the largest caseload and backlog, despite a full complement of active judges,” he said a statement. “This new seat will help alleviate the delays of the Ninth Circuit.”

The House previously passed the measure on July 10, 2007, and the bill may now proceed to a conference committee of senators and representatives to work out differences in the versions of the bill each chamber approved. However, whether the bill will proceed to a conference committee is unclear.

The Senate previously passed its own version of the bill, S. 378, shortly before the House’s action. But Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., said in floor remarks that the bills had been blocked from going to a conference committee after the House’s action because an anonymous Republican senator placed a hold on the Senate bill.

Feinstein said in her statement that the transfer was the result of “a judicial emergency so severe that judges have the highest caseload in the nation.”

According to the Administrative Office of the U.S. Courts, the Ninth Circuit has approximately five times more appeals filed per every year per judge than the D.C. Circuit, and has the highest number of pending appeals of any circuit in the country.

Feinstein said that California is hit hardest by the inadequate number of judgeships on the Ninth Circuit. She said that in 2005, 70 percent of all appeals on the circuit’s docket were filed in California, but only 50 percent of the circuit’s judgeships – 14 – were assigned to the state.

In addition to the transfer, H.R. 660, as passed by the Senate, would provide for improvements to judicial security and an increase in appropriations to the U.S. Marshals Service. The bill would require that the director of the Marshals Service consult with the Judicial Conference on a continuing basis regarding security requirements for the judicial branch, and provide the Marshals Service with an additional $20 million annually from fiscal year 2007 through fiscal year 2011.

It would also enhance criminal laws prohibiting retaliation against judges, family members and witnesses, and extend a ban on firearms in courtrooms to include other dangerous weapons; appropriate $20 million annually from fiscal year 2007 through fiscal year 2011 to a grant program to improve security for state and local judges; and require the Department of Justice to report on the security of assistant U.S. attorneys and other federal attorneys who prosecute cases involving terrorists, violent criminal gangs, gun and drug traffickers, white supremacists, and other criminal matters.

The bill also includes a number of miscellaneous provisions, one of which would amend 28 U.S.C. § 296 to provide that a district judge who has retired from regular active service, but who continues to sit by designation or assignment, has the powers of a judge of that court to participate in appointment of court officers and magistrate judges, rulemaking, governance, and administrative matters so long as the judge completed an amount of work during the preceding year equivalent to the amount an average judge in active service on that court would perform in six months.

Another provision would allow federal judges to substitute the address of their courthouse for their residential address on a state-issued driver’s license.

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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 01:53 PM
Response to Reply #19
20. Woot! flashl comes through!
:applause: THANK YOU!
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 01:54 PM
Response to Reply #18
21. yada yada yada, read the damn thread!
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 02:00 PM
Response to Reply #21
22. after 19 posts finally a link and it wasn't even from you!
Edited on Mon Dec-31-07 02:00 PM by CreekDog
what a dorfus you are.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 02:03 PM
Response to Reply #22
24. Fuck you! No one may have even looked has there not be a thread.
Kiss my ass!
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 02:14 PM
Response to Reply #24
27. ok
Edited on Mon Dec-31-07 02:20 PM by CreekDog
:*
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-01-08 02:04 PM
Response to Reply #27
28. Why thank you! Thank you very much!
:hug:
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-01-08 10:13 PM
Response to Reply #28
31. Anytime!
:pals:
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pinto Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 02:02 PM
Response to Original message
23. Not to worry - takes effect Jan 21, 2009 - most likely a Dem. President will make the appointment
SEC. 509. FEDERAL JUDGES FOR COURTS OF APPEALS.

(a) In General- Section 44(a) of title 28, United States Code, is amended in the table--

(1) in the item relating to the District of Columbia Circuit, by striking `12' and inserting `11'; and

(2) in the item relating to the Ninth Circuit, by striking `28' and inserting `29'.

(b) Effective Date- The amendments made by subsection (a)(2) shall take effect on January 21, 2009.

(from summary, HR 660)
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 02:04 PM
Response to Reply #23
25. Thanks Pinto.
I'm not so optimistic as they stole the last two times. :toast: happy new year!
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pinto Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-31-07 02:12 PM
Response to Reply #25
26. Your welcome.
Edited on Mon Dec-31-07 02:12 PM by pinto
It's a pretty good bill, overall. Passed unanimously.

Happy New Year!, as well. Let's hope it's a good one...
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Dr. Strange Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-01-08 03:50 PM
Response to Original message
30. In a related story...
the governor signed that bill. So the legislation they were working on is now law! Can you fucking believe it? How am I going to explain this to my kids!? Hoo boy! etc.
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