Originally published at: Dissenting Judges Voice Dire Warnings for the Country As 9th Circuit Denies Rehearing of LA National Guard Stay
The full 9th Circuit Court of Appeals declined to rehear a panel’s order allowing National Guard troops to deploy to California, prompting the dissenting judges to pen lengthy warnings about the danger the United States now faces. “The democratic ideals our nation has consistently promoted for the last quarter millennium will be gravely undercut by…
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“I expect a ruling from the Supreme Court, probably on the shadow docket, that is favorable to the federal government.”
Mark it, Dude! I will be surprised if anything else happens.
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Before the fall: America deeply divided. Political parties deeply divided. Courts deeply divided.
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To think, after all this time, President Obama could have deployed the National Guards of Georgia, South Carolina, Mississippi, Texas, Alabama, Kentucky, etc. to quell the out-of-control violent insurrections there.
Or maybe the grave lack of Ben & Jerry ice cream distributors.
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If we ever get back power, we need to do what they could not (as proven by us regaining power) and simply end the red states’ ability to exert any power and start removing judges physically from the bench. Enough is enough. The KKKristofascists on the courts clearly believe the Constitution is their tool of murder…not a su9icide pact…a tool that allows them to murder their way to permanent minority rule power. Fighting fire with fire is a survival imperative now.
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They hate America. They hate equality, hate the rule of law, hate the sovereignty of the people, hate responsible and effective government, and above all, they hate the people who love those things. What they love is destroying things, hurting defenseless and powerless people, mocking and laughing at their pain, and stuffing their pockets with loot.
People say what Trump is doing to the White House is a metaphor. If only. It’s what he has actually and literally set out to do–to destroy the United States of America.
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One begins to wonder to whom he intends to sell an enslaved population. Just business, you know; when a government runs like a business.
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Sell ‘em to his friends. A newly flexible labor force.
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Looking at the history of enslaved persons in this country, we white folk are going to have to hope their remembrances will be shared with us. E.g., where the briar patch is yhat we don’t want to be thrown into.
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There are some Republican Judges with principles like the Trump Judge Immergut in Portland who exploded the absurdity of the claim that Portland was a War Zone and Reagan appointed Judge Young who called out Trump for ignoring the Constitution and the Bill of Rights, but there are two few to save the Constitution from the pro-Presidential Dictatorship faction led by Roberts. The Ninth Circuit is stating the precedent established by the corrupt Roberts Court - If Trump says that the National Guard has to be sent to Chicago, Portland or DC because jaywalking is an emergency, the courts have to accept the “facts” he invents.
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I would love to explain whatever the fuck this document is supposed to be, but it fails to explain itself. I think it’s more or less a shot across the bow of the motions panel, signaling that there might be a majority to fuck up their shit if they don’t get their act straight on the merits, but it’s unclear where the numbers actually lie. And frankly, the 9th Circuit is so messed up in its en banc procedures that I can’t tell for the life of me who even gets to vote on whether to grant en banc review and who gets to sit on the resulting panel.
So chalk the whole thing up to posturing, I guess.
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So, with the usual caveat – not a lawyer, etc. – my read on this:
A single judge had requested the vote to rehear the case, after a panel — composed of two Trump appointees and one Biden appointee — stayed a district court order blocking the Guard’s deployment.
The dissenting judges, led by judge Marsha Berzon, a Clinton appointee, acknowledge the oddity of a request for rehearing of a preliminary stay granted before the case entered the merits stage.
That it was one of the judges requesting the en banc rehearing did strike me as odd when I first read it. Isn’t it usually the losing party in the case who would do such a thing?
And … why didn’t they? That is, how come California’s lawyers haven’t at least tacked on a “what she said” to the judge’s request?
I’ve read the document with the court’s statement and dissent, and I’m still just as puzzled as before, if not more so. It seems to be full of awareness of the seriousness of what’s going on, and pretty much outright says that the three-judge panel’s decision was mistaken, yet still declines to do anything about it??
Is this a matter of the combination of the Trumpist judges and the still-wedded-to-regular-procedure normie judges together forming a majority in favor of inaction?
So very confused.
Update: I see my error. Almost all of the document except the first page is actually the (blistering) dissent. Okay, much less confused now. So I’m going with the combination of the “whatever the Prez says” Trumpists and the “my dear chap, this is highly irregular!” normies leading to this failure.
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How about we just call them the monarchists, because that’s what they are?
We had 'em 250 years ago, too.
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Not that unusual, particularly in emergency circumstances.
No need. The dissenting judge on the panel already asked for it. And the oral argument on the merits of the appeal has, IIRC, already been heard. This was just the motion to stay, not the merits.
Nope. The majority of the document is 10 judges saying that the panel fucked up but not actually dissenting from the denial of en banc review. Only one judge actually dissents.
As far as I can tell, they’re waiting for the panel to fuck it up again on the merits, not just the motion to stay. But where the numbers come out on the inevitable en banc review is unclear.
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They are not monarchists, as they will never allow a Democrat to wield such powers. See Biden, Joe. They are simply Republicans.
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Yes. After all, it’s only a wing, whereas he has defunded & dismantled entire national agencies that support citizenry.
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Crass comment.
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That is a pretty accurate summation t, full of hate and self-righteousness and self-loathing.
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Thanks as always for bringing your expertise to the convo…
Rarely does my jibberjabber of FDA market clearance rules come up… but when they do… the favor will be returned
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