Friday, October 12, 2018

Trump defies DiFi and Kamala, nominating 3 Federalist Society members for Ninth Circuit

Legal Insurrection
Thomas Lifson  "The Ninth Circuit Court of Appeals is about to become about ten percent less crazy. President Trump has nominated three new judges for the 29-seat circuit court, over the objections of the two senators representing their home state of California. Until Trump discarded the practice, home state senators were allowed to veto judicial nominations for courts in their states, a custom known as the “blue slip.”   That seems quaint these days, a relic of a bygone era in which actual qualifications, not ideology were the issue in Senate confirmation votes that, anyway, required a filibuster-proof 60 votes."


"As a result, President Trump and Majority Leader Mitch McConnell are filling the federal bench with judges and justices that read an apply the Constitution, instead of deciding which outcome they want ideologically, and then finding a rationalization for it. Emily Cadei and Kate Irby of the Sacramento Bee report:" . . .
. . . President Trump’s nominees for the appeals court — litigators Daniel Collins and Kenneth Lee and Assistant United States Attorney Patrick Bumatay — are all based in Southern California, are prominent members of the conservative Federalist Society, and have worked for Republican administrations. None of the three were approved by Feinstein or Harris via a process known as a “blue slip,” the senators’ offices confirmed Thursday.  . . .
 It will be a fight  “ 'I repeatedly told the White House I wanted to reach an agreement on a package of 9th Circuit nominees, but last night the White House moved forward without consulting me, picking controversial candidates from its initial list and another individual with no judicial experience who had not previously been suggested," Feinstein said in a statement." . . .


. . . "It is time to accept the reality that Justice Kavanaugh was properly and fairly nominated, and confirmed, to the Supreme Court.  The arguments by some on the left are illogical or devoid of any factual support or corroboration.  By consistently making such arguments, Democrats could well be hurting themselves with moderate and centrist voters and, ultimately, helping Republicans as the midterms inch closer."

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