XPost: alt.fan.rush-limbaugh, alt.politics.democrats, alt.politics.trump   
   XPost: alt.politics.usa   
   From: NoOne@private.corp   
      
   On 10/16/2024 7:05 PM, Ubiquitous wrote:   
   > During former President Donald Trump’s first term, many left-wing   
   > interest groups ran to courts chock-full of leftist federal judges in,   
   > among other places, California, Hawaii, and Washington state. Because   
   > of the Senate’s “blue slip” policy — an unwritten rule that allows   
   > home-state senators to veto district court judicial nominees — there   
   > was no real doubt that these groups would draw a judge ideologically   
   > similar to them. These district court judges proceeded to issue   
   > sweeping injunction after sweeping injunction, and various Trump   
   > policies were bogged down for years as the Department of Justice   
   > appealed. These left-wing groups either stopped, or at least   
   > significantly stalled, many Trump policies.   
   >   
   > When President Joe Biden assumed office, shrewd Republicans fired off   
   > their own litigation shots. Texas’s firebrand attorney general, Ken   
   > Paxton, has been particularly successful in procuring injunctions in   
   > certain Texas-based federal courts against Biden’s myriad overreaches.   
   > Furious, leftists are now seeking to thwart Paxton by taking away a   
   > tool he has utilized to great effect: the single-judge division.   
   >   
   > Congress divides federal district courts by state, district, and   
   > division. For instance, the state of Illinois has three districts: the   
   > Northern, Southern and Central Districts. Within the Northern District,   
   > there are two divisions: the Western Division, based in the small city   
   > of Rockford and with only one active judge; and the much larger Eastern   
   > Division, with around two dozen active judges in Chicago. Likewise,   
   > Texas has several districts and, within each one, there are many   
   > divisions. One such division is the Amarillo Division of the Northern   
   > District of Texas. That division has precisely one active judge:   
   > Matthew Kacsmaryk.   
   >   
   > Judge Kacsmaryk has enraged leftists with several rulings that have   
   > enjoined Biden administration policies. For instance, he ruled that the   
   > Food and Drug Administration had approved the abortifacient   
   > mifepristone in an unlawful manner. The U.S. Supreme Court ultimately   
   > reversed this decision, and Judge Kacsmaryk’s ruling never took effect   
   > because he had the humility to stay it.   
   >   
   > Nevertheless, left-wing activists are now attempting to use the   
   > Judicial Conference, the supervisory body that essentially acts as the   
   > federal judiciary’s own Deep State, to end the use of single-judge   
   > divisions in all cases of injunctions against the federal or state   
   > government. Earlier this year, the Judicial Conference issued “advisory   
   > guidelines” to all the nation’s district courts, recommending that all   
   > cases be randomly assigned throughout the district in which they are   
   > filed — regardless of the division that actually receives the filing.   
   >   
   > Conservatives have properly protested this thinly veiled ideological   
   > power grab. Senate Minority Leader Mitch McConnell, R-Ky., for   
   > instance, reminded the Judicial Conference that the legally relevant   
   > congressional statute — 28 U.S.C. § 137 — clearly vests district courts   
   > with the power to decide how to divvy up their own case assignments.   
   >   
   > Now, just weeks before a monumental election, leftists have once again   
   > ramped up their efforts to ram through a rule in the Rules Committee of   
   > the Judicial Conference that would make the previously “advisory”   
   > guidance outright mandatory, thus caving to the demands of, among   
   > others, Senate Majority Leader Chuck Schumer, D-N.Y., and the Biden   
   > Justice Department. The Judicial Conference purports to locate such   
   > authority in the Rules Enabling Act, the 1930s-era statute that   
   > authorizes the Judicial Conference to prescribe rules of civil and   
   > criminal procedure for the federal judiciary.   
   >   
   > But Congress — not the judiciary — has the ultimate power to reject any   
   > rule promulgated by the Rules Enabling Act. Congress should not   
   > hesitate to exercise such power, should the Judicial Conference succeed   
   > in pushing through its single-judge division edict.   
   >   
   > But regardless of the election result, it is crucial to flag the left’s   
   > latest effort to decimate long-standing judicial norms simply because   
   > leftists are furious that they are not consistently getting their way   
   > in case outcomes. This attempt mirrors Justice Elena Kagan’s desperate   
   > and ludicrous call for lower federal courts to supervise the Supreme   
   > Court when it comes to recusal decisions. The proposal now before the   
   > Judicial Conference’s Rules Committee caves to the whining of leftist   
   > commentators upset over politically charged rulings. It is a nakedly   
   > political power grab.   
   >   
   > Should the Rules Committee adopt the proposal, the Supreme Court needs   
   > to put its foot down. Because the justices have been issuing many   
   > decisions that leftists detest, the court in recent years has been   
   > subject to numerous high-profile political and physical attacks.   
   > Justices’ homes have been constant targets of protest, and Nicholas   
   > Roske, a leftist pro-abortion activist from California, attempted to   
   > assassinate Justice Brett Kavanaugh and his family after the May 2022   
   > leak of the draft majority opinion in Dobbs v. Jackson Women’s Health   
   > Organization, which restored the power of legislatures to regulate   
   > abortion.   
   >   
   > Justices have also faced frivolous ethics complaints. For instance,   
   > leftists have demanded that Justice Samuel Alito recuse from January 6   
   > -related cases based on his wife’s personal flag-flying preferences.   
   > The Judicial Conference’s proposed single-judge division elimination   
   > effort is yet another such attack. For many years, Judge William Wayne   
   > Justice, a hardcore left-wing jurist in Tyler, Texas, operated a   
   > single-division court. Litigants seeking leftist results repeatedly   
   > filed cases in his courtroom. No Judicial Conference rules change   
   > occurred. No Senate leaders protested. The American Bar Association   
   > adopted no resolution of disapproval. Funny how that works!   
   >   
   > Congress can also act — and has the leverage to do so. Right now, the   
   > Judicial Conference wants the U.S. House to pass two separate judge-   
   > related bills. One of those bills would authorize about 66 new federal   
   > judgeships; the other would extend some temporary judgeships. The House   
   > Judiciary Committee should refuse to act on either bill until the   
   > Judicial Conference agrees it will not alter the case-assignment   
   > process through its Deep State committees. Congress should demand that   
   > if the Judicial Conference wants changes to case-assignment procedure,   
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)