usregimechange's Journal - Archives
"It was during the Obama administration that Christian school children were ordered to stop praying outside the Supreme Court building because they were violating the law."
Read more: http://www.foxnews.com/opinion/2011/12/08/...
Of course Fox News would like to blame Obama for the alleged actions of the judicial branch but grade school students every where know who runs the show over there:
Thanks for pointing this out Fox.
Judge Christopher Droney, United States Court of Appeals for the Second Circuit
57 Years Old
Holy Cross College, B.A., 1976
University of Connecticut School of Law, J.D., 1979
Private practice, Hartford, Connecticut, 1979-1993
Deputy mayor, West Hartford, Connecticut, 1983-1985
Mayor, West Hartford, Connecticut, 1985-1989
U.S. Attorney for the District of Connecticut, 1993-1997
Thanks to Tx4obama for the heads up.
I wish there was shocking news to report, but there simply is not. After two years on the Court, Justice Sotomayor is just as liberal as expected, and she seems to have settled into her role rather comfortably. Cases like Sorrell suggest a willingness to deviate when necessary, but she clearly has not felt the need to break rankings with any measurable frequency.
More than 25 legal cases have challenged President Obama’s health care law, with some landing in courts of appeals, where judges have ruled on the constitutionality of the individual mandate, a provision that requires Americans to purchase health insurance or face penalties. While district court judges have ruled along party lines, three appellate court judges have broken ranks, with two Republican appointees upholding the health care law and one Democratic appointee voting against it. The following cases are ones where the individual mandate has been challenged.
Justice Andrew David Hurwitz, Arizona Supreme Court (Appointed by Governor Janet Napolitano)
Nominee for the United States Court of Appeals for the Ninth Circuit
65 Years Old (not a spring chicken)
“Justice Hurwitz has proven himself to be not only a first-rate legal mind but a faithful public servant. It is with full confidence in his ability, integrity, and independence that I nominate him to the bench of the United States Court of Appeals.” President Obama
Although Conservative blogs state that he is "Extremely liberal" that is likely at least an oversimplification if not a decent exaggeration.
WASHINGTON (AP) -- The Supreme Court won't hear an appeal of a ruling that 12-foot-high crosses along Utah highways in honor of dead state troopers violate the Constitution.
The justices voted 8-1 Monday to reject an appeal from Utah and a state troopers' group that wanted the court to throw out the ruling and take a more permissive view of religious symbols on public land...
Justice Clarence Thomas issued a 19-page opinion dissenting from Monday's order. Thomas said the case offered the court the opportunity to clear up confusion over its approach to disputes over the First Amendment's Establishment Clause, the prohibition against governmental endorsement of religion.
Love how any type of nuance or non black and white reasoning makes Thomas' head explode. The vastness of reality continues to disturb neurotics and authoritarians. How do they make it in the world? And how did Scalito avoid it this time?
Judge Patty Shwartz Magistrate Judge, United States District Court for the District of New Jersey
Nominee for the United States Court of Appeals for the Third Circuit
50 Years old (age not confirmed)
President Obama nominated Paterson-born federal magistrate Judge Patty Shwartz to the U.S. Court of Appeals for the Third Circuit on Wednesday.
"Judge Shwartz has a long and impressive record of service and a history of handing down fair and judicious decisions," Obama said in a news release. "She will be a thoughtful and distinguished addition to the Third Circuit."
Shwartz is a 1983 graduate from Rutgers University who got her law degree in 1986 from the University of Pennsylvania Law School. She worked in the U.S. Attorney's Office from 1989 through 2003, a term that included two stints as chief of the criminal division interrupted by service as executive assistant to the U.S. Attorney.
White House Release:
Henry F. Floyd, Judge, United States Court of Appeals for the Fourth Circuit
64 Years Old
"The court finds that the president (Bush) has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant." -Judge Henry F. Floyd, 2005.
XML U.S. Senate Roll Call Votes 112th Congress - 1st Session
Question: On the Nomination (Confirmation Henry F. Floyd, of South Carolina...
Vote Number: 154 Vote Date: October 3, 2011, 05:33 PM
Required For Majority: 1/2 Vote Result: Nomination Confirmed
Nomination Number: PN90
Vote Counts: YEAs 96, NAYs 0
Obama elevates a young asian female judge to a high court & quickly, setting up potential SCOTUS nod
Judge Jacqueline H. Nguyen: US District, Central District of California
Nominee for the United States Court of Appeals for the Ninth Circuit
46 years old
She was nominated by Obama in July of 2009 and confirmed in December of that year. He is elevating her very quickly.
"The journey to the upper echelons of the nation’s judicial system has been a long one for Nguyen. It started in 1975, when 10-year old Nguyen fled her native Vietnam with her family after the fall of Saigon. They boarded one of the last American military transports out of the city, and spent several weeks in a refugee camp in the Philippines before arriving at Camp Pendleton Marine Corps Base near San Diego."
SAN FRANCISCO – The Hon. Pamela Ann Rymer, a distinguished judge of the United States Court of Appeals for the Ninth Circuit, died Wednesday, September 21, 2011, after a long illness. She was 69.
Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by George H.W. Bush on February 28, 1989, to a seat vacated by Anthony Mcleod Kennedy; Confirmed by the Senate on May 18, 1989, and received commission on May 22, 1989.
Judge Adalberto José Jordán, Judge, U. S. District Court, Southern District of Florida
Nominated by William J. Clinton on March 15, 1999
Adjunct professor, University of Miami School of Law, his alma mater x2
Nominee for the United States Court of Appeals for the 11th Circuit
49 Years Old
When members of Miami’s legal establishment took Sandra Day O’Connor out for a steak dinner on Brickell Avenue last year, Adalberto Jordan insisted that others sit next to the retired Supreme Court justice.
“He didn’t elbow me out,” recalled then-U.S. Attorney Jeffrey Sloman, who sat on one side of O’Connor at The Capital Grille. “He wanted other people to get to know her,” added then-Federal Bar Association President William Roppolo, who sat on the other side.
Of course, everybody in the party already knew that Jordan, a University of Miami law school alum, had served a coveted U.S. Supreme Court clerkship with O’Connor back in 1988-89. That he never mentioned his relationship with her that night is a hallmark of the humble U.S. District Court judge, who doesn’t advertise his formidable achievements, including his appointment at 37 by President Bill Clinton to the federal bench in South Florida.
Now, Jordan, 49, is poised to become the first Cuban-born judge on the 11th U.S. Circuit Court of Appeals, which decides the major federal legal disputes of Florida, Georgia and Alabama.
When President Barack Obama last month nominated Jordan — who has presided over nearly 200 federal trials in Miami — the president praised his “commitment to fairness and judicial integrity.”
Read more: http://www.miamiherald.com/2011/09/03/2390...
Judge Evan Jonathan Wallach, United States Court of International Trade
Nominated by William J. Clinton on June 27, 1995
Current Nominee for the United States Court of Appeals for the Federal Circuit
60 Years Old
"We know that U.S. military tribunals and U.S. judges have examined certain types of water-based interrogation and found that they constituted torture. That's a lesson worth learning. The study of law is, after all, largely the study of history. The law of war is no different. This history should be of value to those who seek to understand what the law is -- as well as what it ought to be." "Waterboarding Used to Be a Crime," Evan Wallach, Sunday, November 4, 2007
University of Arizona, B.A., 1973
University of California, Berkeley, J.D., 1976
Cambridge University, LL.B., 1981
U.S. Appeals Court: OK to check DNA of those arrested
Monday, July 25, 2011
By Rich Lord, Pittsburgh Post-Gazette
A closely divided 3rd U.S. Circuit Court of Appeals has found that the collection of DNA samples from people arrested -- but not yet convicted -- of crimes is constitutional, in an opinion released today.
In a precedent-setting ruling, the appeals court rejected U.S. District Judge David S. Cercone's 2009 order finding that law enforcement could not collect DNA from Ruben Mitchell, who faces a federal charge of attempting to possess and distribute five kilograms or more of cocaine. Judge Cercone had found that requiring pre-trial detainees to submit DNA samples, which is done under the DNA Analysis Backlog Elimination Act of 2000, violates the 4th Amendment's search and seizure rules.
In an 8-6 ruling, the circuit judges found that people who are arrested have "a diminished expectation of privacy in their identities." Outweighing their privacy, they found, is the importance to law enforcement of correctly identifying people who are charged with crimes, determining their criminal history, potentially linking them to unsolved crimes and promptly ruling out involvement in a crime in cases in which the DNA does not match that found at the scene.
Read more: http://www.post-gazette.com/pg/11206/11628...
In sum, under the totality of the circumstances, given arrestees‘ and pretrial detainees‘ diminished expectations of privacy in their identities and the Government‘s legitimate interests in the collection of DNA from these individuals, we conclude that such collection is reasonable and does not violate the Fourth Amendment." -Majority
FUENTES (Clinton), Circuit Judge, with whom Circuit Judges SLOVITER (Carter), SCIRICA (Reagan), SMITH (G.W. Bush), FISHER (G.W. Bush), CHAGARES (G.W. Bush), JORDAN (G.W. Bush), and HARDIMAN (G.W. Bush), join, and AMBRO (Clinton) joins as to Part III only.
"...the Government‟s program of warrantless, suspicionless DNA collection from arrestees and pretrial detainees is fundamentally incompatible with the Fourth Amendment." -Dissent
RENDELL (Clinton), Circuit Judge, with whom Circuit Judges McKEE (Clinton), Chief Judge, BARRY (Clinton, senior status judge), GREENAWAY, JR. (Obama), and VANASKIE (Obama) join, and AMBRO (Clinton) joins as to Part II only, dissenting.
*Note: Judge Maryanne Trump Barry, a Clinton appointee, assumed senior status a few days but appears to be acting as an active judge until there is a replacement.
Senate confirmation of the first openly gay judge last week could portend greater diversity on the federal bench, something President Barack Obama has made a priority.
The Senate voted last Monday, 80-13, to confirm J. Paul Oetken to serve as a federal district court judge in the Southern District of New York...
According to the White House, Obama has nominated three openly gay judges: Oetken, former White House associate counsel Alison Nathan to serve as a judge in the Southern District of New York and Edward DuMont, a partner at WilmerHale, to serve on the U.S. Court of Appeals for the Federal Circuit.
Obama has nominated half of the Asian-Americans on the federal bench, the White House said. They include the first Vietnamese-American to serve as federal judge, Jacqeuline Nyen, who serves in the Central District of California; the first Chinese-American woman to serve as federal judge, Dolly Gee, also of the Central District of California; and the first Korean-American woman to serve as federal judge, Lucy Koh, of the Northern District of California.
Obama has also nominated Arvo Mikkanen to be a judge in the Northern District of Oklahoma. If confirmed, Mikkanen would be the only Native American on the federal bench.
Victoria F. Nourse
Nominee for the United States Court of Appeals for the Seventh Circuit
51 Years Old
Republican Sen. Ron Johnson’s decision to block the judicial nomination of a University of Wisconsin law professor has drawn a pointed letter of protest from a group of legal academics around the country.
Johnson has singlehandedly held up consideration of Victoria Nourse for the Seventh Circuit Court of Appeals, which reviews federal cases from Wisconsin, Illinois and Indiana.
“For a single senator from one state within the Circuit to assert a hold, months after the nomination was complete, undermines Wisconsin’s merit-based selection system, blocking highly qualified nominees from a hearing and a vote,” reads the letter to Senate Judiciary Chairman Patrick Leahy of Vermont and the panel’s top Republican, Charles Grassley of Iowa. “The effect is an unbreakable one-person filibuster.”
The professors say a "a nominee of sterling credentials who has served under both Republicans and Democrats" should not be subject to "unending delay." You can click here to see the letter and its 53 signatories, some of whom served under Republican presidents.
By tradition, the objections of individual senators, even in the minority, to judicial nominees from their own state are given great deference. With Johnson opposed to Nourse, Democrat Leahy has not scheduled a hearing on her nomination.
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