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ďObama Judges? Pretty Much Rate Topic: -----

#1 User is offline   Liz 

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  Posted 21 November 2018 - 10:44 PM

ďObama Judges? Pretty Much

PowerLine
by Paul Mirengoff
Posted on November 21, 2018

Excerpt:

Chief Justice John Roberts has rebuked President Trump for referring to ďObama judges.?Trump had responded to a ruling by district court judge Jon Tigar barring enforcement of his revisions to federal asylum rules by saying ďthis was an Obama judge.?br />
The Chief Justice rejected Trumpís characterization. He said:

We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.

I like and respect Chief Justice Roberts, but I disagree with him. I believe we have too many federal judges who are doing their level best to assist the left in resisting President Trump. And while I would never refer to a judge as an Obama judge, itís more than fair to refer to one as an Obama-appointed judge. This may well have been what Trump meant.

The questions of whether it matters who appointed a federal judge and whether such judges view litigants, including President Trump, with equal regard in any meaningful sense are empirical ones. If one can predict with a high degree of accuracy how a judge will rule in a highly controversial case, or in a case challenging a Trump edict the left doesnít like, just by knowing which president appointed that judge, then Roberts?defense of the federal judiciary fails.

I donít know of any study of this question, though it probably has been examined. However, as Trump himself noted when he referred to Judge Tigar as an Obama judge, litigants flock to the Ninth Circuit when they want to challenge his policies.

Why? Because itís loaded with liberal judges appointed by Democrats. The leftists who take on the president in court believe they will receive favorable rulings from these judges, and they have been right about this virtually without fail. If the case advances to the Supreme Court, where liberal judges are in the minority, Trump is even-money or better to prevail.

I practiced law without appearing more than a handful of times before Obama-appointed judges. But even in the pre-Obama era, I could predict with a high degree of accuracy the way federal appellate court judges would vote in cases involving controversial, politicized subject matter (e.g., employment discrimination), based solely on which president appointed the judges on the panel.

*snip*

Full Commentary
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#2 User is offline   grimreefer 

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Posted 21 November 2018 - 11:01 PM

Gotta agree with Mirengoff.


Robert's denial of reality is worrying and seems a bit... swampish.
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#3 User is online   Moderator T 

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Posted 21 November 2018 - 11:34 PM

View Postgrimreefer, on 21 November 2018 - 11:01 PM, said:

Gotta agree with Mirengoff.


Robert's denial of reality is worrying and seems a bit... swampish.

That or he is setting up a defense for when Kavanaugh is attacked as a "Trump Judge."
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#4 User is online   zurg 

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Posted 21 November 2018 - 11:38 PM

He says he likes and respects Judge Roberts.

I neither like nor respect the Judas bastard. And heís a total douchebag to try to pretend there are no Obama judges.

What a loser Judas Roberts is. (Hat tip to Wyn for coming up with the name Judas, IIRC.)
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#5 User is offline   Natural Selection 

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Posted 22 November 2018 - 01:14 AM

View PostLiz, on 21 November 2018 - 10:44 PM, said:

We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.



Then why did the democrats oppose Kavanuagh before the Christine Blasey Ford nonsense?
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#6 User is offline   RedSoloCup 

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Posted 22 November 2018 - 08:04 AM

Judas Roberts gave us 0bamacare. <censored> him and his butthurt outrage.
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#7 User is offline   Buckwheat Jones 

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Posted 22 November 2018 - 12:58 PM

If this wasnít true, progs would not have beclowned themselves trying to block Kavanaugh
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#8 User is online   Junto 

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Posted 22 November 2018 - 03:04 PM

Grassley's Tweet on Roberts

"Chief Justice Roberts rebuked Trump for a comment he made abt judge’s decision on asylum I don’t recall the Chief attacking Obama when that Prez rebuked Alito during a State of the Union"

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Maybe Roberts should stick with his mental gymnastics program - the one that gave us Obamacare. Whatever dirt they found on him must really be sticky. Add to that Roberts heads the secret FISA court. I wonder how much he knew or approved of Obama abusing that court for spying on Candidate Trump, or President Elect Trump, or President Trump. Seemed awfully silent about that.

This post has been edited by Junto: 22 November 2018 - 03:04 PM

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#9 User is offline   Natural Selection 

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Posted 22 November 2018 - 05:28 PM

View PostLiz, on 21 November 2018 - 10:44 PM, said:

We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.



Too bad Roberts is still relatively young. I guess we'll have to wait for President Pence's VP to replace him when he's elected President.
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#10 User is offline   Severian 

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Posted 22 November 2018 - 05:56 PM

Wait, if they're all just judges, and don't reflect the ideology of the men who appointed them, what was the whole hair pulling and dishonest accusations over Kavanaugh about then? :insanity:
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#11 User is offline   PoliticallyUnstable 

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Posted 22 November 2018 - 08:38 PM

It was really easy to predict how Judge Tigar was going to rule because the law is clear.

"Under Chevron, the Court considers 'whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter.'"

"'The first and most important canon of statutory construction is the presumption Ďthat a legislature says in a statute what it means and means in a statute what it says there.?#39;"

"In IIRIRA, Congress amended ?158(a) to provide that '[a]ny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alienís status, may apply for asylum in accordance' with ?158 and ?225(B)."

Emphasis added by the court.

Case closed.

https://www.aclu.org...ed-ebsc-v-trump
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#12 User is offline   Natural Selection 

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Posted 23 November 2018 - 01:24 AM

View PostPoliticallyUnstable, on 22 November 2018 - 08:38 PM, said:

It was really easy to predict how Judge Tigar was going to rule because the law is clear.

"Under Chevron, the Court considers 'whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter.'"

"'The first and most important canon of statutory construction is the presumption Ďthat a legislature says in a statute what it means and means in a statute what it says there.?#39;"

"In IIRIRA, Congress amended ?158(a) to provide that '[a]ny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alienís status, may apply for asylum in accordance' with ?158 and ?225( B )."

Emphasis added by the court.

Case closed.

https://www.aclu.org...ed-ebsc-v-trump


Sorry, the case is not closed. If you had researched the law further you would have found the following:


(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alienís status, may apply for asylum in accordance with this section or, where applicable, section 1225( B ) of this title.

(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alienís nationality or, in the case of an alien having no nationality, the country of the alienís last habitual residence) in which the alienís life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.


(source)

The "Safe third country" exception applies here because Mexico has offered asylum to the refugees.
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#13 User is offline   ASE 

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Posted 23 November 2018 - 12:22 PM

View PostNatural Selection, on 22 November 2018 - 01:14 AM, said:

Then why did the democrats oppose Kavanuagh before the Christine Blasey Ford nonsense?

And why was there no opposition to the totally unqualified kagan, and the pro la-raza biased soto-mayor?
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#14 User is online   Dean Adam Smithee 

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Posted 23 November 2018 - 01:30 PM

View Postgrimreefer, on 21 November 2018 - 11:01 PM, said:

Robert's denial of reality is worrying and seems a bit... swampish.

View PostModerator T, on 21 November 2018 - 11:34 PM, said:

That or he is setting up a defense for when Kavanaugh is attacked as a "Trump Judge."


I disagree with Roberts, but I can understand WHY he had to say this.

Bear in mind, he's not "just" the Chief Justice of SCOTUS, but in that role he's also automatically the head of the Judicial Conference of the United States, the administrative body responsible for day-to-day operation of ALL federal courts. As such, he is in effect the "Chief Administrator" of the entire federal judiciary in all respects EXCEPT the ability to hire and fire judges.

With that in mind, it's in Roberts' interest to downplay this so as to keep it from becoming an open feud with the judiciary becoming EVEN MORE polarized and politicized than it already is.

Sometime when you're the top guy, for the sake of keeping the peace in your organization you just CAN'T say what you would otherwise want to say if you weren't in that position.

This post has been edited by Dean Adam Smithee: 23 November 2018 - 01:32 PM

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#15 User is online   Junto 

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Posted 23 November 2018 - 06:32 PM

View PostDean Adam Smithee, on 23 November 2018 - 01:30 PM, said:

I disagree with Roberts, but I can understand WHY he had to say this.

Bear in mind, he's not "just" the Chief Justice of SCOTUS, but in that role he's also automatically the head of the Judicial Conference of the United States, the administrative body responsible for day-to-day operation of ALL federal courts. As such, he is in effect the "Chief Administrator" of the entire federal judiciary in all respects EXCEPT the ability to hire and fire judges.

With that in mind, it's in Roberts' interest to downplay this so as to keep it from becoming an open feud with the judiciary becoming EVEN MORE polarized and politicized than it already is.

Sometime when you're the top guy, for the sake of keeping the peace in your organization you just CAN'T say what you would otherwise want to say if you weren't in that position.

Good point. Trump, the American people, this judge from 9th circuit, PoliticallyUnstable, you and myself are all pointing at Congress for failing to handle our broken immigration system.

There are videos of President Clinton, President Obama, Senate Majority Leader Reid (D) and other Dems all on record stating the need to stop this immigration abuse. Trump mirrors their call and is labeled racist by the Left.
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#16 User is offline   MontyPython 

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Posted 23 November 2018 - 07:00 PM

View PostJunto, on 23 November 2018 - 06:32 PM, said:

There are videos of President Clinton, President Obama, Senate Majority Leader Reid (D) and other Dems all on record stating the need to stop this immigration abuse. Trump mirrors their call and is labeled racist by the Left.


Standard fare from the hypocrite leftists.

And yes I know, LOL: "hypocrite leftists" is redundant.

B)
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