Classic example of what wrong with our Courts

WVPATX

Freshman
Jan 27, 2005
28,197
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We are a nation of laws. Our justice system is supposed to be blind and coldly indifferent. Read what a 9th Circuit judge said (the 9th is the most overturned Circuit in the nation by SCOTUS).


Judges are humiliated and dehumanized whenever they must enforce the nation’s immigration laws, according to a senior judge on the far-left Ninth Circuit Court of Appeals.
The judge’s cry of outrage came when he could not block the orderly repatriation of an illegal immigrant who has two drunk driving convictions, plus a U.S. wife and three children.


“We are unable to prevent [Andres] Magana Ortiz’s removal, yet it is contrary to the values of this nation and its legal system,” complained Judge Stephen Reinhardt, who wishes to extend citizens’ rights to illegal foreign migrants. He said:

We are compelled to deny Mr. Magana Ortiz’s request for a stay of removal because we do not have the authority to grant it. We are not, however, compelled to find the government’s action in this case fair or just. …

The government’s decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice. Magana Ortiz and his family are in truth not the only victims. Among the others are judges who, forced to participate in such inhumane acts, suffer a loss of dignity and humanity as well. I concur as a judge, but as a citizen I do not.

The judge, who is married to a former top leader in the ACLU, also lamented the authority of ordinary DHS agents to enforce the law despite protests from well-paid, high-status “civil rights” lawyers:

On January 25, 2017, the President [Donald Trump] signed a series of executive orders dismantling the system of priorities that had previously guided Immigration and Customs Enforcement and Border Patrol in determining whom to deport. The orders also gave far greater authority to individual agents and officers, who are now removing non-citizens simply because they are here illegally, regardless of whether they have committed any offense. In light of the breadth of these orders and the lack of any apparent limit on agents’ discretion, the undocumented must now choose between going to work, school, hospitals, and even court, and the risk of being seized.

In contrast, the new Supreme Court Justice appointed by Trump, Neil Gorsuch, has a more humble vision of his job as a judicial referee, saying in a 2013 award ceremony that:

As my daughters remind me, donning a [judicial] robe doesn’t make me any smarter … It serves as a reminder of what’s expected of us—what [Irish philosopher Edmund] Burke called the “cold neutrality of an impartial judge.” It serves, too, as a reminder of the relatively modest station we’re meant to occupy in a democratic society. In other places, judges wear scarlet and ermine. Here, we’re told to buy our own plain black robes — and I can attest the standard choir outfit at the local uniform supply store is a good deal. Ours is a judiciary of honest black polyester.

The judges on Reinhardt’s Ninth Circuit are expected to release soon a decision blocking Trump’s Executive Orders limiting the entry of people from six terror-prone Muslim countries. The decision is based on a Hawaiian case, in which an Egyptian-born Islamic cleric claimed his constitutional rights were infringed by Trump’s efforts to reduce Islamic jihad in the United States.

The court’s decision may have been delayed by the Islam-inspired bloody attacks in Manchester and London, at least one of which was conducted by the sons of Muslim refugees and migrants from Libya.

Reinhardt’s intemperate language, said Andrew Arthur, a former immigration judge, suggests that the court’s decisions are political biased. “There is no ‘cold neutrality’ in the Ninth Circuit’s ruling,” Arthur wrote about the court’s preliminary ruling in the Hawaii case. “It is personal, visceral, and vindictive.”
 

WVUCOOPER

Redshirt
Dec 10, 2002
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(the 9th is the most overturned Circuit in the nation by SCOTUS).
 

WVPATX

Freshman
Jan 27, 2005
28,197
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Fox News

It changes a little from year to year, but historically the 9th is the most overturned.





The 9th Circuit Court of Appeals, based in San Francisco, has been a target of Republicans for decades.

It routinely is the most overturned court in the U.S. In 2012, the Supreme Court reversed 86 percent of the rulings it reviewed from the ninth.

Perhaps the most controversial decision was striking down the Pledge of Allegiance due to the phrase “under God.” It also ruled citizens have no constitutional right to own guns and is often over-ruled when showing its disdain for capital punishment.

Critics deride the court, calling it the “Ninth Circus” and the “Nutty Ninth.”
 

moe

Sophomore
May 29, 2001
32,563
152
63
We are a nation of laws. Our justice system is supposed to be blind and coldly indifferent. Read what a 9th Circuit judge said (the 9th is the most overturned Circuit in the nation by SCOTUS).


Judges are humiliated and dehumanized whenever they must enforce the nation’s immigration laws, according to a senior judge on the far-left Ninth Circuit Court of Appeals.
The judge’s cry of outrage came when he could not block the orderly repatriation of an illegal immigrant who has two drunk driving convictions, plus a U.S. wife and three children.


“We are unable to prevent [Andres] Magana Ortiz’s removal, yet it is contrary to the values of this nation and its legal system,” complained Judge Stephen Reinhardt, who wishes to extend citizens’ rights to illegal foreign migrants. He said:

We are compelled to deny Mr. Magana Ortiz’s request for a stay of removal because we do not have the authority to grant it. We are not, however, compelled to find the government’s action in this case fair or just. …

The government’s decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice. Magana Ortiz and his family are in truth not the only victims. Among the others are judges who, forced to participate in such inhumane acts, suffer a loss of dignity and humanity as well. I concur as a judge, but as a citizen I do not.

The judge, who is married to a former top leader in the ACLU, also lamented the authority of ordinary DHS agents to enforce the law despite protests from well-paid, high-status “civil rights” lawyers:

On January 25, 2017, the President [Donald Trump] signed a series of executive orders dismantling the system of priorities that had previously guided Immigration and Customs Enforcement and Border Patrol in determining whom to deport. The orders also gave far greater authority to individual agents and officers, who are now removing non-citizens simply because they are here illegally, regardless of whether they have committed any offense. In light of the breadth of these orders and the lack of any apparent limit on agents’ discretion, the undocumented must now choose between going to work, school, hospitals, and even court, and the risk of being seized.

In contrast, the new Supreme Court Justice appointed by Trump, Neil Gorsuch, has a more humble vision of his job as a judicial referee, saying in a 2013 award ceremony that:

As my daughters remind me, donning a [judicial] robe doesn’t make me any smarter … It serves as a reminder of what’s expected of us—what [Irish philosopher Edmund] Burke called the “cold neutrality of an impartial judge.” It serves, too, as a reminder of the relatively modest station we’re meant to occupy in a democratic society. In other places, judges wear scarlet and ermine. Here, we’re told to buy our own plain black robes — and I can attest the standard choir outfit at the local uniform supply store is a good deal. Ours is a judiciary of honest black polyester.

The judges on Reinhardt’s Ninth Circuit are expected to release soon a decision blocking Trump’s Executive Orders limiting the entry of people from six terror-prone Muslim countries. The decision is based on a Hawaiian case, in which an Egyptian-born Islamic cleric claimed his constitutional rights were infringed by Trump’s efforts to reduce Islamic jihad in the United States.

The court’s decision may have been delayed by the Islam-inspired bloody attacks in Manchester and London, at least one of which was conducted by the sons of Muslim refugees and migrants from Libya.

Reinhardt’s intemperate language, said Andrew Arthur, a former immigration judge, suggests that the court’s decisions are political biased. “There is no ‘cold neutrality’ in the Ninth Circuit’s ruling,” Arthur wrote about the court’s preliminary ruling in the Hawaii case. “It is personal, visceral, and vindictive.”
He upheld the law so what's your problem? The judge has free speech rights and he doesn't like breaking up this family, that bastard.
 

MountaineerWV

Sophomore
Sep 18, 2007
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It should say "What's RIGHT with our court system"......meaning that the Executive Branch cannot control it like they want to.
 

WVPATX

Freshman
Jan 27, 2005
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He upheld the law so what's your problem? The judge has free speech rights and he doesn't like breaking up this family, that bastard.

If the 9th upheld the law, why is it overturned so very much by SCOTUS?
 
Sep 6, 2013
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We are a nation of laws. Our justice system is supposed to be blind and coldly indifferent. Read what a 9th Circuit judge said (the 9th is the most overturned Circuit in the nation by SCOTUS).

What about the 4th Circuit? Surely you have an explanation for that one too?
 

Keyser76

Freshman
Apr 7, 2010
11,912
58
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Trump too stupid to even know the "watered down version" from the Justice Department is the one he signed, how you gonna govern when you don't know how it works?
 

moe

Sophomore
May 29, 2001
32,563
152
63
If the 9th upheld the law, why is it overturned so very much by SCOTUS?
This thread is about the article you posted, did you even read it? From the sound of your response, the answer is no. In the article you posted, the judge could not prevent Mr. Ortiz's request to not be deported. The judge upheld the law but you hate that he has compassion for this family. It's the feel good article of the day for a right winger, no doubt.
 

MountaineerWV

Sophomore
Sep 18, 2007
26,324
191
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Trump too stupid to even know the "watered down version" from the Justice Department is the one he signed, how you gonna govern when you don't know how it works?

He was probably up too late tweeting and didn't know what he was signing......kind of like Spicer tweeting out his password.........[laughing][laughing][laughing]
 

WVPATX

Freshman
Jan 27, 2005
28,197
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This thread is about the article you posted, did you even read it? From the sound of your response, the answer is no. In the article you posted, the judge could not prevent Mr. Ortiz's request to not be deported. The judge upheld the law but you hate that he has compassion for this family. It's the feel good article of the day for a right winger, no doubt.

I read it and far too often the 9th Circuit does not follow the law, the Constitution. That is why it is overturned so often. Because of judges like this guy.
 

WVUCOOPER

Redshirt
Dec 10, 2002
55,555
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Once again, you are wrong. Does it grow tiresome for you? I already posted an article disproving your hypothesis.
I'm not wrong, but I do enjoy your tactics of now shifting the topic. A- effort. You posted misleading nonsense. The 9th hears 14,000+ cases a year and may have up to 10 overturned. The 5th averages hearing about 8,000 a year with 6-7 overturned. The 11th had 100% overturned last year!! It's an out of date talking point meant to mislead.
 

WVPATX

Freshman
Jan 27, 2005
28,197
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I'm not wrong, but I do enjoy your tactics of now shifting the topic. A- effort. You posted misleading nonsense. The 9th hears 14,000+ cases a year and may have up to 10 overturned. The 5th averages hearing about 8,000 a year with 6-7 overturned. The 11th had 100% overturned last year!! It's an out of date talking point meant to mislead.

American Bar Association:

I admit the percentages change each year, but over the years the very liberal 9th has lead. In this study, they finished second. Notice the scores the American Bar Association gave the 9th.

https://www.americanbar.org/content...azine/LandslideJan2010_Hofer.authcheckdam.pdf
 
Sep 6, 2013
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WVPATX

Freshman
Jan 27, 2005
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Thanks for the link.

The link you provided gives the Fourth Circuit a B+. You do realize the Fourth Circuit also overruled trump's travel ban?

The study was from 2010. The 4th has changed quite a bit in those years. The judges that voted against Trump were all libs.
 

WVPATX

Freshman
Jan 27, 2005
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So it's two different U.S. Circuit Courts that are all libs?

[roll]

This won't end well for you.

Do you understand how courts operate? Presidents appoint these judges. The 4th circuit judges that ruled against the travel pause were all appointed by Dem presidents. This is not hard. The 9th has been very liberal for a very long time.
 
Sep 6, 2013
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The study was from 2010. The 4th has changed quite a bit in those years. The judges that voted against Trump were all libs.

The 4th Circuit is made up 11 judges appointed by Obama, Clinton or Carter and 8 judges appointed by Reagan or Bush.

[roll]

You are something else.
 

WVPATX

Freshman
Jan 27, 2005
28,197
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The 4th Circuit is made up 11 judges appointed by Obama, Clinton or Carter and 8 judges appointed by Reagan or Bush.

[roll]

You are something else.

The 4th Circuit's opinion also noted that its conclusion does not "in any way suggest" that Trump's action is unreviewable.

During oral arguments May 8, the American Civil Liberties Union argued that Trump's revised ban should be ruled unconstitutional because of Trump's anti-Muslim comments while on the campaign trail and after the election.

Three Republican-appointed judges, Paul Niemeyer, Dennis Shedd and G. Steven Agee, dissented and blasted the lower court's ruling.

Ten judges, all appointed by Democrats, agreed that the injunction should stand. The three dissenting judges, all Republican appointees, argue that the majority improperly went beyond the text of the order, which suspends travel to the United States by citizens of six Muslim-majority countries, to consider statements made by Trump and his associates during and after his presidential campaign. "The danger of the majority's new rule is that it will enable any court to justify its decision to strike down any executive action with which it disagrees," says the dissent by Judge Paul Niemeyer. "It need only find one statement that contradicts the stated reasons for a subsequent executive action and thereby pronounce that reasons for the executive action are a pretext."

http://reason.com/blog/2017/05/26/4th-circuit-exaggerates-the-ambiguous-ev
 
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Do you understand how courts operate? Presidents appoint these judges. The 4th circuit judges that ruled against the travel pause were all appointed by Dem presidents. This is not hard. The 9th has been very liberal for a very long time.

Wrong. Damn, you are more wrong than anyone I have ever seen. It's like a disease with you.

The Chief Judge was appointed by Bush. The vote was 10-3.

"The judges ruled 10-3 on Thursday to "affirm in substantial part" the earlier decisions that have kept the controversial ban from going into effect.

In their decision, they drew on the "backdrop of public statements by the President and his advisers and representatives" to conclude that lawyers have a good chance of proving in court that Trump was motivated by religious animus when he signed the order.

The judges "remain unconvinced" that the travel ban had "more to do with national security than it does with effectuating the President's promised Muslim ban."

"We find that the reasonable observer would likely conclude that EO-2's primary purpose is to exclude persons from the United States on the basis of their religious beliefs," Chief Judge Roger Gregory wrote on behalf of the majority."
 

WVPATX

Freshman
Jan 27, 2005
28,197
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Wrong. Damn, you are more wrong than anyone I have ever seen. It's like a disease with you.

The Chief Judge was appointed by Bush. The vote was 10-3.

"The judges ruled 10-3 on Thursday to "affirm in substantial part" the earlier decisions that have kept the controversial ban from going into effect.

In their decision, they drew on the "backdrop of public statements by the President and his advisers and representatives" to conclude that lawyers have a good chance of proving in court that Trump was motivated by religious animus when he signed the order.

The judges "remain unconvinced" that the travel ban had "more to do with national security than it does with effectuating the President's promised Muslim ban."

"We find that the reasonable observer would likely conclude that EO-2's primary purpose is to exclude persons from the United States on the basis of their religious beliefs," Chief Judge Roger Gregory wrote on behalf of the majority."

I have no idea where you get your information but you are either incredibly stupid or have very, very bad sources.


On June 30, 2000, President Bill Clinton nominated Gregory to a seat on the United States Court of Appeals for the Fourth Circuit that had been vacant for close to a decade since it had been created (the Senate had never acted on Clinton's previous nominee to that seat, J. Rich Leonard).

From another source, the Washington Examiner:

There's a glaring political divide in the 4th Circuit Court of Appeals decision to stop President Trump's revised executive order limiting entry into the U.S. for some people from a few terror-plagued Muslim-majority nations. The court ruled against the president by a solid 10 to 3 vote. All ten on the winning side were appointed by Presidents Barack Obama or Bill Clinton. All three on the losing side were appointed by Presidents George W. Bush or George H.W. Bush.

http://www.washingtonexaminer.com/b...ges-reach-trump-only-decision/article/2624241
 

WVPATX

Freshman
Jan 27, 2005
28,197
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Do you know the appointment breakdown of the 10 and the 3?

I have posted from two different sources, the 10 against the travel pause were either appointed by Clinton or Obama. The 3 in support of the travel pause were appointed by GOP presidents.
 

bornaneer

Senior
Jan 23, 2014
30,211
840
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I have posted from two different sources, the 10 against the travel pause were either appointed by Clinton or Obama. The 3 in support of the travel pause were appointed by GOP presidents.
My reply was to Country.
 
Sep 6, 2013
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I have no idea where you get your information but you are either incredibly stupid or have very, very bad sources.


On June 30, 2000, President Bill Clinton nominated Gregory to a seat on the United States Court of Appeals for the Fourth Circuit that had been vacant for close to a decade since it had been created (the Senate had never acted on Clinton's previous nominee to that seat, J. Rich Leonard).

From another source, the Washington Examiner:

There's a glaring political divide in the 4th Circuit Court of Appeals decision to stop President Trump's revised executive order limiting entry into the U.S. for some people from a few terror-plagued Muslim-majority nations. The court ruled against the president by a solid 10 to 3 vote. All ten on the winning side were appointed by Presidents Barack Obama or Bill Clinton. All three on the losing side were appointed by Presidents George W. Bush or George H.W. Bush.

http://www.washingtonexaminer.com/b...ges-reach-trump-only-decision/article/2624241

It was a recess appointment by Clinton and was later appointed by Bush and confirmed by the Senate. He voted to uphold the ban. So your numbers are wrong.
 

WVPATX

Freshman
Jan 27, 2005
28,197
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It was a recess appointment by Clinton and was later appointed by Bush and confirmed by the Senate. He voted to uphold the ban. So your numbers are wrong.

Nice try. A Clinton appointee. Bush did not want to remove the first black judge on the 4th Circuit. Nice try. Gregory is a lib.
 
Sep 6, 2013
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Nice try. A Clinton appointee. Bush did not want to remove the first black judge on the 4th Circuit. Nice try. Gregory is a lib.

Roger Gregory was renominated by George W. Bush on May 9, 2001. The Senate confirmed Gregory on July 20, 2001 in a 93–1 vote. From January 2001 to June 2001, the Republicans had the majority in the Senate.

Damn, I didn't think Republicans voted for liberal judges.
 

WVPATX

Freshman
Jan 27, 2005
28,197
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Roger Gregory was renominated by George W. Bush on May 9, 2001. The Senate confirmed Gregory on July 20, 2001 in a 93–1 vote. From January 2001 to June 2001, the Republicans had the majority in the Senate.

Damn, I didn't think Republicans voted for liberal judges.

Gregory is a lib appointed by Clinton. If Bush removed him, the media would have crucified him for removing the first black judge in the 4th circuit.

10 libs voted against the pause. Deal with it.
 
Sep 6, 2013
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Gregory is a lib appointed by Clinton. If Bush removed him, the media would have crucified him for removing the first black judge in the 4th circuit.

10 libs voted against the pause. Deal with it.

So according to your story, Republicans in the Senate voted 93-1 to confirm a liberal judge?

Cool story bro.

Two different US Circuit Courts voted against the ban.

Deal with it.

"See you in court."
 

bornaneer

Senior
Jan 23, 2014
30,211
840
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Roger Gregory was renominated by George W. Bush on May 9, 2001. The Senate confirmed Gregory on July 20, 2001 in a 93–1 vote. From January 2001 to June 2001, the Republicans had the majority in the Senate.

Damn, I didn't think Republicans voted for liberal judges.
Okay.....who appointed the other nine?
 

WVPATX

Freshman
Jan 27, 2005
28,197
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So according to your story, Republicans in the Senate voted 93-1 to confirm a liberal judge?

Cool story bro.

Two different US Circuit Courts voted against the ban.

Deal with it.

"See you in court."

You frantically trying to justify your incorrect post. He was appointed by Clinton. He is a lib. No one was going to remove the first African American judge from the 4th circuit.

He is a lib which you can't deny.
 
Sep 6, 2013
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You frantically trying to justify your incorrect post. He was appointed by Clinton. He is a lib. No one was going to remove the first African American judge from the 4th circuit.

He is a lib which you can't deny.

Judge Roger Gregory is the first African American judge to sit on the Fourth Circuit. He's also the only judge we know to have ever been appointed to the same judicial seat by two separate presidents.

Gregory was reappointed by President George W. Bush, however, and confirmed by a 93-1 vote, with only Senator Trent Lott of Mississippi dissenting.

Looks to me like you are wrong again.
 

WVPATX

Freshman
Jan 27, 2005
28,197
91
38
Judge Roger Gregory is the first African American judge to sit on the Fourth Circuit. He's also the only judge we know to have ever been appointed to the same judicial seat by two separate presidents.

Gregory was reappointed by President George W. Bush, however, and confirmed by a 93-1 vote, with only Senator Trent Lott of Mississippi dissenting.

Looks to me like you are wrong again.

Spinning like a top trying to salvage some measure of dignity. He was appointed by Clinton. He is a liberal. 10 libs on the 4th circuit ruled against Trump. Facts are stubborn things.