Republicans push bill to split up ‘nutty 9th Circuit’ Court

Republican Sens. Jeff Flake and John McCain of Arizona introduced legislation last month to carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit.

They argue that the 9th is too big, too liberal and too slow resolving cases. If they succeed, only California, Oregon, Hawaii and two island districts would remain in the 9th's judicial fiefdom. 

Right now, Flake said, the circuit is far too sprawling. 

“It represents 20 percent of the population -- and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake told Fox News on Wednesday. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”

Flake says it typically takes the court 15 months to hand down a decision.

“It’s far too long,” he added. 

Conservatives have mocked the 9th Circuit for years, often calling it the “Nutty 9th” or the “9th Circus,” in part because so many of its rulings have been overturned by the U.S. Supreme Court. 

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There is a good article at https://ballotpedia.org/Impeachment_of_federal_judges on "firing" federally appointed judges. In fact they cannot be "fired", they must be impeached, and the procedures are the same as for impeaching AND CONVICTING a President, and that takes 67 votes in the Senate.  Unfortunately it is not as easy as just saying, "You're fired", and since we only have 52 votes in the Senate now, where would the other 15 votes come from to convict?

Howiem,

I used the term "fired" to mean dismissal, to mean get rid of, to mean terminate, yes, to mean impeachment.

Never, ever, worry about conviction. Do what you are mandated to do by the law, by the Constitution. Impeach these blights on America. The House initiates Impeachment and should do so. They represent the people of the United States, real Americans, the entire herd of the populace. By not acting they are derelict in their duty.

A Judge, a real one, would take but 5 minutes to see that President Trump is acting Constitutionally and rationally with his Executive Action to temporarily suspend entry from individuals in countries known to be  nesting terrorists and giving them free license to the soil of the United States. A third grader has more sense.

Even beyond this Executive Action and speaking to immigration itself, why should another form of government (the Muslim "religion") be suffered to swarm our cities and, by herding together, establish their language and manners to the exclusion of our own? Why must we be musliminised, rather than us Americanising them?

The same questions apply to Hispanics. Why?

This Nation was not founded to allow those who intend to destroy it free access in order to do it.

Freedom and liberty are always conditional. ALWAYS. And if one doesn't care to meet the conditions then the door is slammed shut. ALWAYS.

We are a Nation of laws. It is high time we acted like it, rather than dopes.

You are calling for impeachment but that is only part of the process and impeachment alone cannot get anyone fired, terminated or otherwise kicked out of office.

"They argue that the 9th is too big, too liberal and too slow resolving cases."....Hopefully they did not say anything like "too liberal".  THAT, my friends,is a sure way to make their excellent idea into nothing but the business-as-usual shadowplay while the liberal juggernaut continues to run rampant over our country.

Our land is in need of real reform, not political grandstanding by career politicians.  

Mr. Trump promised to "drain the swamp" and in that project, he will find that he is up to his ears in alligators but I certainly want him to be successful.

  This is the BEST IDEA YET !!!!!!

If this happens it will open a lot of federal land open to mining and drilling in those western states.Those judges in the 9th are really liberal thinking and Trump will get to appoint more judges I am for this.I am sure McCain has a financial reason he is doing it,even so I'll take what I can get Ted Cruz said it was a good move to make.

That court should have been abolished years ago, WAY to liberal

Yes. I am calling for impeachment.

Yes. It is only a first step in getting phony undesirables out of office.

But if the first step is never taken, then how on earth can you get anywhere?

That is my point.  Take that damned first step! To hell with conviction. Impeach, dammit. Impeach! This single step by the House will demonstrate that this legislating from the bench is, and always will be, unconstitutional and therefore illegal.

To not do it is criminal. CRIMINAL!  What the hell do we have a House for if not to represent us. What good is it if it just sits there, has meetings, blathers and blubbers about everything, gives interviews to the media, has recess, spends money like fools, and accomplishes nothing. NOTHING! Not one representative, Not one, has the backbone to stand up and say this crap will end. NOW!  Mr. Speaker. Do your friggin job, you grinning sonofabitch, and bring impeachment to the floor.

Since I have calmed down let me say this. One of the errors of the founders, in my opinion, is that in drafting the Constitution they let the Judiciary Branch the wide open door to become a law unto themselves. The supreme court answers to nobody, and they are reluctant at best to reign in a lower court. They would rather kiss butt, legally, than confront anyone.

The weakness of the law is the fact that those charged with providing lawful enforcement of it are political assholes.

You said that you wanted to get them fired, terminated, but impeachment alone doesn't do that. If the votes are not there to convict them, they will have been have been impeached, but not removed from office, not fired, not terminated.  Their decisions afterwards will likely even be worse just to spite those who tried to impeach them. Bill Clinton was impeached, but he was not fired,not terminated, because there weren't enough votes to convict and evict him. So what did impeachment prove? Any one who has read the Constitution knows  that impeachment is relatively a simple procedure, but it is only half the process, and it is merely a charge of misconduct. and if you don't get the other half, i.e., conviction, it's like a slap with a dry paper napkin in front of a big audience...embarrassing, but no pain at all. And if a conviction does not occur, isn't that the same as saying that the impeachment should not have been brought  because no conviction is the equivalent of being proven innocent?

So, why did you calm down? I thought you were doing just fine!

Time to further emptying the swamp.  

It is time to further empty the swamp.  They must take their lead from Nutty Nancy.  

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ALERT ALERT

Breaking — West Virginia Lawmakers Invite Persecuted Pro-Second Amendment Counties In Virginia To Join Their State

West Virginia lawmakers introduced legislation to invite persecuted pro Second Amendment Counties to join their state.

The West Virginia Senate adopted a resolution to remind Virginia residents from Frederick County that they have a standing invite — from 1862 — to become part of West Virginia.

West Virginia freedom fighters broke away from Virginia Democrat slave owners during the Civil War.

This week West Virginia has once again invited persecuted Virginia pro 2-A counties to come join their state.

Sounds like a winning plan!

Resolution 8 reads as follows:

HOUSE CONCURRENT RESOLUTION 8

(By Delegates Howell, Summers, Shott, Householder, C. Martin, Hott, Graves, Cadle, Barnhart, J. Jeffries, Maynard, Phillips, Foster, Hamrick, Steele, D. Jeffries, Wilson, Waxman, Bartlett, Paynter, Linville, Sypolt, Bibby, Hill, Ellington, Higginbotham, J. Kelly, Mandt, Pack, Dean and P. Martin)

[Introduced January 14, 2020]

Providing for an election to be had, pending approval of the General Assembly of the Commonwealth of Virginia, and a majority of qualified citizens voting upon the proposition prior to August 1, 2020, for the admission of certain counties and independent cities of the Commonwealth of Virginia to be admitted to the State of West Virginia as constituent counties, under the provisions of Article VI, Section 11 of the Constitution of West Virginia

Whereas, The Legislature of West Virginia finds that in 1863, due to longstanding perceived attitudes of neglect for the interests of the citizens of Western Virginia, and a studied failure to address the differences which had grown between the counties of Western Virginia and the government at Richmond, the Commonwealth of Virginia was irretrievably divided, and the new State of West Virginia was formed; and

Whereas, Such division occurred as the Trans-Allegheny portions of Virginia perceived that they suffered under an inequitable measure of taxation by which they bore a disproportionate share of the tax burden; and

Whereas, That this perception was further compounded by the effects of a scheme of representation by which Trans-Allegheny Virginia was not allowed to have its proper and equitable share of representation in the government at Richmond; and

Whereas, That this arrangement arguably resulted in the tax dollars of Trans-Allegheny Virginia being used to enrich the Tidewater through internal improvements which did not benefit the people of Western Virginia, while the people of the Trans-Allegheny had little to no say in how their tax dollars were allocated; and

Whereas, Though this course led to an irreconcilable division, and the subsequent formation of West Virginia, yet, the longstanding peaceful cooperation between this State and the Commonwealth of Virginia is a sign that such separation, undertaken even under the most challenging and onerous of circumstances, can, with the passage of time, yield lasting results which are beneficial to both sides; and

Whereas, In the intervening years, the same neglect for the interests of many of the remaining counties of the Commonwealth of Virginia has allegedly been evidenced by the government at Richmond; and

Whereas, Particularly, many citizens of the Southside, the Shenandoah Valley, Southwestern Virginia, and the Piedmont contend that an inequitable measure of taxation exists by which they bear a disproportionate share of the present tax burden of the Commonwealth; and

Whereas, The people of the Southside, the Shenandoah Valley, Southwestern Virginia, and the Piedmont also believe that, currently, a scheme of representation exists by which the citizens of Southside, the Shenandoah Valley, Southwestern Virginia, and the Piedmont do not have a proper share of representation in the government at Richmond; and, consequently

Whereas, The people of the Southside, the Shenandoah Valley, Southwestern Virginia, and the Piedmont believe that their tax dollars are used to enrich the Tidewater and Northern Virginia through internal improvements which do not benefit the people of these other parts of Virginia, while the people of these other parts of Virginia have little to no say in how their tax dollars are allocated; and

Whereas, In recent days, these tensions have been compounded by a perception of contempt on the part of the government at Richmond for the differences in certain fundamental political and societal principles which prevail between the varied counties and cities of that Commonwealth; and

Whereas, In the latest, and most evident, in this string of grievances, the government at Richmond now seeks to place intolerable restraints upon the rights guaranteed under the Second Amendment of the United States Constitution to the citizens of that Commonwealth; and

Whereas, The Legislative body of West Virginia believes that this latest action defies the wise counsel which has come down to us in the august words of our common Virginia Founders: as the government at Richmond now repudiates the counsel of that tribune of liberty, Patrick Henry-who stated to the Virginia Ratifying Convention in 1788 that “The great object is that every man be armed. Everyone who is able might have a gun”; and

Whereas, The government at Richmond now repudiates the counsel of a Signer of the Declaration and premier advocate of American independence, Richard Henry Lee-who stated in The Federal Farmer that “To preserve liberty, it is essential that the whole body of the people always possess arms”; and

Whereas, The government at Richmond now repudiates the counsel of that zealous guardian of our inherent rights, George Mason-who stated that “To disarm the people…[i]s the most effectual way to enslave them”; and

Whereas, The government at Richmond now repudiates the counsel of the declaimer of our independence and theoretician of our freedoms, Thomas Jefferson-who stated in his first draft of the Virginia Constitution, that “No free man shall ever be debarred the use of arms”; and

Whereas, The Boards of Supervisors of many Virginia counties and the Councils of many Virginia cities have recognized this dangerous departure from the doctrine of the Founders on the part of the government at Richmond; and

Whereas, These Boards of Supervisors and Councils have passed resolutions refusing to countenance what they affirm are unwarranted and unconstitutional measures by that government to infringe the firearm rights of Virginians; and

Whereas, The actions of the government at Richmond undertaken since the recent general election have, regrettably, resulted in unproductive contention and escalating a lamentable state of civic tension; and

Whereas, That, as has been proven in numerous instances, such as have been observed internationally in more recent times with the peaceful dissolutions of Czechoslovakia and the Soviet Union, and the creation of South Sudan, or, earlier in Virginia’s own history, with the formation of Kentucky, the peaceful partition of neighboring peoples can occur, and, is often very beneficial to both sides in reducing tensions and improving the tenor of discourse over ongoing political and societal differences; and

Whereas, Article VI, Section 11 of The Constitution of the State of West Virginia explicitly permits additional territory to be admitted into, and become part of this state, with the consent of the Legislature and of a majority of the qualified voters of the state; and

Whereas, In a spirit of conciliation, the Legislature of West Virginia hereby extends an invitation to our fellow Virginians who wish to do so, to join us in our noble experiment of 156 years of separation from the government at Richmond; and, we extend an invitation to any constituent county or city of the Commonwealth of Virginia to be admitted to the body politic of the State of West Virginia, under the conditions set forth in our state Constitution, specifically, with the consent of a majority of the voters of such county or city voting upon such proposition; and we hereby covenant that their many grievances shall be addressed, and, we further covenant with them that their firearms rights shall be protected to the fullest extent possible under our Federal and State Constitutions; and

Whereas, Providing that the General Assembly of the Commonwealth of Virginia shall give its assent to any county or independent city presently part of the Commonwealth of Virginia having the opportunity and ability to do so, therefore, be it

Resolved by the Legislature of West Virginia.

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