Trump: ‘People are screaming to break up the 9th Circuit’; Here’s how to do it - See more at: https:

[livingston]

Trump: ‘People are screaming to break up the 9th Circuit’; Here’s how to do it
In response to the laughably partisan and “absolutely appalling” ruling on the latest draft of his moratorium on travel from six high-risk countries, President Trump sounds like he’s open to taking the first real step toward fixing our runaway judiciary.

In his Wednesday remarks at a rally in Nashville, Tenn. regarding District Judge Derrick Watson’s ruling, Trump referenced stripping power from the federal judiciary, saying:

“People are screaming break up the Ninth Circuit. I’ll tell you what … take a look at how many times they have been overturned with their terrible decisions.”

Currently, said circuit is composed of nine Western states and the territory of Guam. What this means in practice is, thanks to blue-slip tradition in the judiciary committee – which effectively subjects blue state judicial appointments to approval from blue state senators – liberal jurists from California, Hawaii, Oregon, and Washington end up ruling on cases in Alaska, Arizona, Idaho, Nevada, and Montana.

So, not only is the Ninth Circuit a primordial ooze for bad, oft-overturned jurisprudence, but it subjects millions in red states to blue state super-legislation (as the majority of federal cases never go to the Supreme Court). It also subjects everyone involved to an overburdened circuit taking a disproportionately long time to serve justice.

- See more at: Trump: ‘People are screaming to break up the 9th Circuit’; Here’s how to do it

 

[Catskillkid]

I guess draining the swamp includes those who sit on the bench as well.

 

[C3D]

On this one I agree, the 9th "Circus" (as it is sometimes a called) gets overturned more than any other Federal Circuit and is begging for a redo.

 

[MoMan]

Sometimes the scum rises to the top of the swamp! When that happens, ya' gotta siphon the scum off of the top to get to the bottom!

Just sayin'!!

 

[spat]

Separation of powers dictates that the judiciary needs to clean its own house when it comes to judges on power trips.

Trump can appoint a bunch of new and honest judges, but if they don't do anything when their colleagues hand down rulings with no basis in the law whatsoever (like these immigration rulings), then nothing will happen.

If you were a judge, and found out that you could rule anything you want, and the worst thing that would happen would be that it eventually got overruled, what reason would you have to even pay attention to the law ?

 

[Catskillkid]

Separation of powers dictatesthat the judiciary needs to clean its own house when it comes to judges on power trips.

Trump can appoint a bunch of new andhonest judges, but if they don't do anything when their colleagues hand wn rulings with no basis in the law whatsoever (like these immigration rulings), then nothing will happen.

If you were a judge, and found out that you could rule anything you want, and the worst thing that would happen would be that it eventually got overruled, what reason would you have to even pay attention to the law ?

You're absolutely right. There is nothing that keeps them from being constitutional. There are no consequences. There needs to be some sort of independent board that reviews these decisions to ensure constitutionality.

 

[ArmedCorgi]

You're absolutely right. There is nothing that keeps them from being constitutional. There are no consequences. There needs to be some sort of independent board that reviews these decisions to ensure constitutionality.

I posit that that responsibility should fall to an informed citizenry. We are after all an essential part of self government (really I like to think of the citizenry as the fourth branch of government, but that seems to really be the ABC agencies). It really sucks they don't teach civics in school anymore (or so I'm told). I feel like creating another bureaucracy would just lead to more political corruption and abuses of power.

 

[spat]

I posit that that responsibility should fall to an informed citizenry. We are after all an essential part of self government (really I like to think of the citizenry as the fourth branch of government, but that seems to really be the ABC agencies). It really sucks they don't teach civics in school anymore (or so I'm told). I feel like creating another bureaucracy would just lead to more political corruption and abuses of power.

The citizens aren't a 4th branch.

The 3 branches are merely the agents of the citizens, to consider the citizens a 4th branch would be to seriously diminish their authority.

 

[ArmedCorgi]

The citizens aren't a 4th branch.

The 3 branches are merely the agents of the citizens, to consider the citizens a 4th branch would be to seriously diminish their authority.

I hadn't thought of it that way. You are right. I guess I just meant that in the case of checks and balances, the citizenry is the final check.

 

[Calculon]

So how does breaking up the 9th District solve this? Let's say the original judges stay as the 9th and a new district 9A is created - what's to stop them from doing the same thing?

 

[Grimscale]

So how does breaking up the 9th District solve this? Let's say the original judges stay as the 9th and a new district 9A is created - what's to stop them from doing the same thing?

nothing. However, their effect on the Country, and in particular the red-States indicated in Trump's statement, is severely diminished.

 

[BerettaGuy]

There are several different ways the Ninth — or any other circuit — could be broken up.

First, and possibly the most expedient remedy, would simply be by splitting the court down the middle. There are already bills in Congress to this effect that were introduced before the circuit’s last travel-ban ruling. There already exists legislation to do this, introduced by Rep. Andy Biggs, R-Ariz., who’s stated that citizens of the Grand Canyon State ought to be free “from the burdensome and undue influence of the 9th Circuit Court.”

Another option would be to completely scorch the Earth, disband the Ninth as it currently stands and start over with a more locally-focused system which could employ three, four, or as many new circuits as deemed necessary. This would deal with the problems listed above while also sending a symbolic message to the rest of the judicial branch that the people – via the legislature – are the ultimate arbiters of the government.

I choose option two. But: Why stop with the 9th. The whole system need a Ctr-Alt-Del!

 

[1911guy]

You're absolutely right. There is nothing that keeps them from being constitutional. There are no consequences. There needs to be some sort of independent board that reviews these decisions to ensure constitutionality.

Theoretically, that is the Supreme Court.

 

[livingston]

So how does breaking up the 9th District solve this? Let's say the original judges stay as the 9th and a new district 9A is created - what's to stop them from doing the same thing?

Put all conservatives on the bench ... Future rulings would be vastly different than today... For full effect move the 9th to the more rural states where the see fewer cases and let the conservative (ie constitutionalist bench) preside over California ,Washington and Oregon . .. The California boys would have their gun rights back in short order ..

 

[spat]

Theoretically, that is the Supreme Court.

SCOTUS is there to correct their rulings, but there is basically no effective disciplinary body at all to keep them from just doing it over and over again. Its like what you would get if the only penalty for thieves is thatthat had to return the stolen property, if they even got caught.

 

[ProgSpear]

Article 3, Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Congress can create or dispense with any lower courts or how they are structured, at any time.

 

[Robin]

Congress, direct representatives of 'we the people'. Let the writing begin!
Robin

 

[Bushmaster]