What's up with the Senate hearings on the 9th circuit court?

[0rganism]

C-Span is showing something from midweek called "The Future of the Ninth Circuit", with Sens. Craig and Kyl going apeshit on a bunch of judges from the California-heavy 9th. Has anyone been following this? What the heck is going on? Are they trying to break up the circuit?

[Quetzal]

1. They are trying to cut up the court

and put political pressure on it. After all, they are the ones which ruled that the insertion of God in the Pledge is unconstitutional.

Frankly, I hope my state (Hawaii) stays with the 9th circuit. I don't want to be a part of some new 12th circuit court-packed with right wing justices.

There are no major structural problems with the 9th-circuit. It is just that some Senators are have an ideological agenda that is inconsistent with the rulings of the 9th circuit.

[Snazzy]

2. I just caught some of this

Hadn't read a damn'd thing about this, and I'm a news junky.

Under the radar.

[0rganism]

3. Funny how they couch it in terms of "courts not driven by ideology"...

...when, as you say, "some Senators have an ideological agenda that is inconsistent with the rulings of the 9th circuit."

That's about the size of it: no avoiding ideology, just how much one happens to agree with the dominant ideology. Oh well. I'm sure we'll all be happier when Sen. Craig gets his handpicked circuit court that "promotes family and small town values."

[Hekate]

4. Darn right it's under the radar

I caught just a bit of it--mainly the part where the (I think) Chief Justice of the 9th Circuit (a woman named Schroeder?) was testifying in a very heartfelt way about the challenges of the region, how it is different from the other Circuit districts, and how they have creatively organized the administrative and consultative functions to deal with it. Apparently she had almost no notice of this hearing and had to drop everything and scramble to make it in time. I could tell that underneath her lawyerly veneer she was very perturbed.

Then another 9th Circuit judge testified and undercut everything she said. He and the panel seemed to be in some agreement that for the good of all concerned the 9th Circuit Court needs to be split up and divided among other districts. It tied in with a comment I caught earlier, in which someone was discoursing on how liberal the 9th Circuit Court of Appeals is, but how it really does reflect the attitudes of the populations of the Western and Pacific United States. At the time I thought the speaker was making a general observation, but once I saw how the hearing process was going forward I realized that yet again the ideology-driven Bush-leaguers are trying to destroy something that isn't broken.

Please someone correct me if I'm wrong.

Hekate

[DaveSZ]

5. Could they actually break up the court?

How would they go about doing that?

I'm not aware of the procedural process for going about splitting up the court.

Meanwhile the fascist 5th circuit just struck down a portion of the Constitution:


http://www.apfn.net/messageboard/03-30-04/discussion.cgi.48.html

5th Circuit gives police new power in searches
Mon Mar 29 14:43:27 2004
63.228.144.66

March 27, 2004, 1:01PM
5th Circuit gives police new power in searches
Warrant unneeded in some instances
Associated Press
http://www.chron.com/cs/CDA/ssistory.mpl/nation/2470156

NEW ORLEANS -- A federal appeals court has opened the door for police in Texas and two other states to search residences and buildings for evidence without a warrant -- a ruling strongly criticized by two dissenting justices.

The American Civil Liberties Union called the decision dangerous.

"This decision is the latest rollback of safeguards to protect the people from being at the mercy of a police state," said Joe Cook, executive director of the ACLU of Louisiana. "Allowing law enforcement to search homes without probable cause or any warrant makes a dramatic and dangerous departure from one of our most fundamental American freedoms."

[0rganism]

6. The 4th ammendment has been dead for some time, AFAICT

It's been poked so chock-full of holes that I'm just not shocked anymore.

We got "knock & talk" forced entry, "probable" cause pre-warrant shakedowns, not to mention the "asset forfeiture" upon pre-conviction suspicion of wrongdoing. Then came "patriot" act -- they don't even have to tell you they've searched your house and impounded your computer. Now this "swift sweep of private property" BS?

Faaaantastic. Let me know when we get our constitution back.

[0rganism]

7. bumping, in case any sunday playas have the whole story

bounce