May 10, 2011

Random: Three Democrats Will Hear Fourth Circuit Appeal on ObamaCare
— Ace

This isn't the 11th Circuit (which will consider Judge Roger Vinson's more expansive ruling on the unconstitutionality of ObamaCare), but one of the rulings against it will fall on very administration-friendly ears -- two of the judges selected are Obama appointees.

For balance, the third judge was appointed by the husband of Obama's Secretary of State.

According to the Fourth Circuit, the panel is chosen by "a computer program designed to achieve total random selection."

In certain cases, the entire court will rehear a case, what's referred to as en banc, but only if a majority of all active judges in the circuit agree to it. While once seen as a very conservative court, the Fourth Circuit has become more liberal over time, especially in the past few years, because Obama has been able to name four judges to the court.

In the first of the two suits, to be heard at 9:30 am, Liberty University will challenge the constitutionality of the law's mandate that forces individuals to purchase insurance or pay a fine as well the requirement that larger employers offer insurance.

After 40 minutes of oral arguments, the judges will move to the next suit, in which the state of Virginia will challenge the individual mandate as a threat to state's rights and personal liberty.

The Obama administration will seek to have the suits thrown out, arguing that the parties lack standing to sue, or dismissed on the grounds that the Commerce Clause of the U.S. Constitution grants Congress broad regulatory authority allowing them to require the purchase of health insurance.

...

At the lower court level, one federal judge dismissed the Liberty University lawsuit while another judge agreed with the state of Virginia that the health care law's individual mandate was unconstitutional.

Just to note, this is by Phillip Klein at the conservative-leaning Washington Examiner. I note that because the liberal media always makes a big issue of judge's partisan affiliations when they rule against Obama... but strangely not so much when Democrats rule with Obama. Klein is of course outside of that rule, as he's not the liberal media.

Posted by: Ace at 09:41 AM | Comments (112)
Post contains 373 words, total size 2 kb.

1 /facepalm

What rule of law?

Posted by: AoSHQ's *second* worst commenter, DarkLord© at May 10, 2011 09:43 AM (GBXon)

2 What's the difference anyway. This is going to the Supreme Court right?

Posted by: nevergiveup at May 10, 2011 09:43 AM (i6RpT)

3
That word, "random". I don't think it means what you think it means.

Posted by: IllTemperedCur at May 10, 2011 09:45 AM (7YzRS)

4 O/t:  but somewhat related in a twisted sort of way:  "Obama's 'Gangster Politics'  The president is about to order companies that do business with the federal government to disclose their political donations."

So, does this mean that you are expected to donate to the dems if you want to continue doing business with the federal government?  Well, there go any donations to the republicans.

Posted by: curious at May 10, 2011 09:47 AM (k1rwm)

5 Is anyone surprised? 

Posted by: lan sing at May 10, 2011 09:48 AM (YHrQZ)

6 What I'd like to see is anyone proving that this monstrosity can be funded, with or without coercion, especially after waivers were granted.

Posted by: Blue Hen at May 10, 2011 09:48 AM (326rv)

7 Just goes back to my point that Judges should be ELECTED, not APPOINTED.

Posted by: © Sponge at May 10, 2011 09:49 AM (UK9cE)

8 Chope and Hange.

Posted by: Bob Saget at May 10, 2011 09:49 AM (F/4zf)

9 Re-post from the previous thread:

Fucking A. We lost the 4th circuit obamacare suit. Thr judges hearing are 3 dem appointees

Posted by: Flapjackmaka at May 10, 2011 01:22 PM (qEwOs)

Those assignments are supposed to be made randomly but we know they're not.

Any body remember Mary Jo White being assigned to hear 99% of the Clinton lawsuits?

The GOP actually found evidence proving the assignments weren't random. Good thing W took Rove's advice and didn't do anything about it.

Posted by: Ed Anger at May 10, 2011 09:49 AM (7+pP9)

10 Having "Three Democrats Will Hear Fourth Circuit Appeal" isn't necessarily a bad thing.  As a matter of fact, if they end up making the disagreement with Judge Vinson in the Eleventh that much more distinct, it will force the issue to the SCOTUS.

Posted by: Islamic Rage Boy at May 10, 2011 09:49 AM (tvs2p)

11 you know what would be funny, if someone in the printing office published the opinion before the hearing.   Good times, good times....

Posted by: curious at May 10, 2011 09:50 AM (k1rwm)

12 Did McCain support these leftist judges too?

Posted by: Barbarian at May 10, 2011 09:50 AM (EL+OC)

13

Transparency. I can smell the transparency. It smells like....victory

Posted by: Hussein at May 10, 2011 09:51 AM (Q5+Og)

14 So we lost before it started?  Is a quick loss better because it goes to USSC faster.

Posted by: Jean at May 10, 2011 09:52 AM (WkuV6)

15

The hour is later than you think. 

...The Nine have left Minas Morgul...

Posted by: Saruman at May 10, 2011 09:54 AM (KNsCP)

16 3 Don't worry.  Romney is introducing his plan on Thursday to Repeal and REPLACE Obamacare.

I'm waiting with bated breath...

/got it right this time!

(Here are the fruits of RomneyCare - 48 day doctor waits). 

Posted by: Kratos (Ghost of Sparta) at May 10, 2011 09:54 AM (9hSKh)

17
James A. Wynn, Jr - Confirmed (voice vote)
Andre M. Davis - Confirmed (72-16)
Diana Gribbon Motz - Confirmed (voice vote)



The Republicanstm seem quite comfortable with them.  Who are we to argue with our political betters...



Posted by: Laurie David's Cervix at May 10, 2011 09:55 AM (M8E6y)

18 A majority of the court was appointed by Democratic presidents.  This isn't that suspicious - when you only have 13 (i think that's the number on CA4) balls in the jar, you're going to get all-red or all-black trios fairly often.

Posted by: Knemon at May 10, 2011 09:56 AM (Da+uN)

19 When will the 11th circuit start hearing? Will these three on the 4th rule on it? Or will it be all of the 4th?

Posted by: Flapjackmaka at May 10, 2011 09:57 AM (qEwOs)

20 Now watch this easy layup...........

Posted by: Barack Obama at May 10, 2011 09:57 AM (DLn0z)

21 As shocking as this may seem... I do not believe that our Founding Fathers could have ever imagined, even vaguely, the monstrosity that has grown into the judicialstein monster. That is one of the areas that the republicans in congress need to push for every law to be definable only by the law with no judicial or executive interpretation.

Posted by: The Great and Secret Show at May 10, 2011 09:57 AM (exqvW)

22 when you only have 13 (i think that's the number on CA4) balls in the jar, you're going to get all-red or all-black trios fairly often.

Posted by: Knemon

 

Your balls are racist. I think. Damn this is confusing.

Posted by: Blue Hen at May 10, 2011 09:58 AM (Gzv/o)

23 And people wonder why I'm such a bitter cynic...

Posted by: runningrn at May 10, 2011 09:58 AM (ihSHD)

24

"When will the 11th circuit start hearing? Will these three on the 4th rule on it? Or will it be all of the 4th?"

11th is scheduled for June 8th I think.

Just these 3 will rule.  Assuming (fair assumption - the district judges have ruled straight party-line so far) that they reverse Hudson and declare the law entirely constitutional, there is almost no chance for an en banc (whole court) rehearing at the 4th, since you need a majority of active-status judges to rehear and Democrats have at least a 1-vote majority.

Posted by: Knemon at May 10, 2011 09:59 AM (Da+uN)

25

Bin Laden Sons Say U.S. Violated International Law

 

No follow up on the son's opinions on international law and acts of terrorism. Maybe the 4th Circus can randomly appoint some judges to figure this one out?

Posted by: Hussein at May 10, 2011 09:59 AM (Q5+Og)

26 We don't have a judiciary anymore. We have unelected despots, largely liberal, who have been appointed mostly by Democrats.

The wonder of that last part is that Republicans have held the office of President more than Dems in the past 50 years but we still have more liberal judges.

Why is that?

Posted by: Vic at May 10, 2011 10:00 AM (M9Ie6)

27

"That is one of the areas that the republicans in congress need to push for every law to be definable only by the law with no judicial or executive interpretation."

But this is just impossible.  You can't write any law in a way that eliminates ALL need for interpretation.  It's like trying to make a 1:1 map of the world.

I totally agree that judicial activism is a problem and that Democratic appointees tend to be much more blatant about it -- but there's always going to be SOME room for interpretation.

Posted by: Knemon at May 10, 2011 10:00 AM (Da+uN)

28

But remember, what happens at the circuit level -- and the 11th circuit could easily reverse Judge Vinson, depending on the red/black balance of the jar-drawn balls -- the real game is SCOTUS.

If Kennedy eats his Wheaties on the relevant morning, it won't matter whether both CA11 and CA4 have reversed Vinson and Hudson.  And if he doesn't, it won't matter whether they haven't.  Shit rolls downhill.

Posted by: Knemon at May 10, 2011 10:02 AM (Da+uN)

29 The wonder of that last part is that Republicans have held the office of President more than Dems in the past 50 years but we still have more liberal judges.

Why is that?

Because the vast majority of judges are dirty lawyers!  Close down all law schools and kill the humanities!

*half-assed attempt to channel AmishDude*

Posted by: Kratos (Ghost of Sparta) at May 10, 2011 10:03 AM (9hSKh)

30 Remember, if the GOP presidential nominee isn't Conservative Enough you should all send a message to the Ruling Class by staying home and giving Obama four more years to pack the courts.

Posted by: Christine O'Donnell 2012 at May 10, 2011 10:03 AM (FYCiJ)

31 We don't have a judiciary anymore. We have unelected despots, largely liberal, who have been appointed mostly by Democrats.

The wonder of that last part is that Republicans have held the office of President more than Dems in the past 50 years but we still have more liberal judges.

Why is that?

Posted by: Vic

 

Note Ginsberg (ACLU activist). She was appointed by a Dem and received an overwhelming majority confirmation vote in a Republican Majority Senate. This is why. Our side does not do to their nomiees what Dems rotuinely do to theirs. Thus, the President isn't the chief determinant. Dems always select Dems/leftists. Republicans rarely select conservatives, and they, and all Republican nominations receive a fight.

Posted by: Blue Hen at May 10, 2011 10:04 AM (326rv)

32 Thank God we don't elect judges, right?

Posted by: Bevel Lemelisk at May 10, 2011 10:04 AM (FkKjr)

33
A majority of the court was appointed by Democratic presidents.  This isn't that suspicious - when you only have 13 (i think that's the number on CA4) balls in the jar, you're going to get all-red or all-black trios fairly often.

Posted by: Knemon at May 10, 2011 01:56 PM (Da+uN)

Wrong.

The Fourth Circuit is composed of 14 judges, seven appointed by Democrat, seven by Republican Presidents.

If you do the math the odds against this "random" decision are 7 - 1, or 87.5% against it.

Posted by: Ed Anger at May 10, 2011 10:05 AM (7+pP9)

34 Is a quick loss better because it goes to USSC faster.

Fuck no.

There's only one principled vote against the Commerce reading that enables Obamacare (and whatever worse shit is waiting to follow it).

If I were betting, I'd bet on a 7-1-1 win for "not-commerce is commerce," as part of a complexly split decision that conservatives will mistake for a victory, until it gets applied. Sort of like Heller.

But I'm a pessimist. So, 7-2.

Posted by: oblig. at May 10, 2011 10:05 AM (xvZW9)

35 While we have gotten some solid crowbars into leftist media complex from what I know we have lost even more ground on courts.

Reality is the left are the professional wrecking crews.  If only we could find a way to turn the left against even their own activist judges.  After we have solved that easy peasy problem we can use the same magic wand to have Russia aims its nukes at itself.

Posted by: Shiggz at May 10, 2011 10:05 AM (mLAWK)

36 Witch-ers!

Posted by: Cherry π at May 10, 2011 10:05 AM (+sBB4)

37 The wonder of that last part is that Republicans have held the office of President more than Dems in the past 50 years but we still have more liberal judges.

Why is that?

Posted by: Vic at May 10, 2011 02:00 PM (M9Ie6)

 Republicans allow judges appointed by democrats to come up for a confirmation vote, the reverse is not true.

Posted by: Vashta Nerada at May 10, 2011 10:05 AM (4Fpt9)

38 On a similar note, two ants and a cockroach will be voting on whether I can put pesticide on my tomatoes.

Posted by: sifty at May 10, 2011 10:06 AM (2dbd9)

39 Hey, look at the bright side. Pretty soon you'll be able to free medical coverage for your gay husband.

Posted by: George Orwell at May 10, 2011 10:07 AM (AZGON)

40

"The Fourth Circuit is composed of 14 judges, seven appointed by Democrat, seven by Republican Presidents.

If you do the math the odds against this "random" decision are 7 - 1, or 87.5% against it."

OK, and it's 12.5% in favor of it, meaning it'll happen 1/8 times, which I'd define as "fairly often."  Normally courts will ask for a showing of 95% significance (when the judges/lawyers involved have any understanding of statistics, that is).

Posted by: Knemon at May 10, 2011 10:07 AM (Da+uN)

41 @40 uh, "get free medical coverage" I'm keeping my day job ...as long as Obama permits me

Posted by: George Orwell at May 10, 2011 10:08 AM (AZGON)

42 I hear the Navy has been conducting same-sex SEAL training for years.

Posted by: Cherry π at May 10, 2011 10:08 AM (+sBB4)

43 Start welding armor plates on the station wagon. No flat tires will help too.


Posted by: sifty at May 10, 2011 10:08 AM (2dbd9)

44 I really wish their was a way to compile all of this type of creepy borderline fascist behavior of democrats and force feed to the leftists to make them have to openly admit just what a monster they have become.

Posted by: Shiggz at May 10, 2011 10:09 AM (mLAWK)

45 I hear the Navy has been conducting same-sex SEAL training for years. Hello sailor!

Posted by: Andrew Sullivan at May 10, 2011 10:09 AM (AZGON)

46

"The Fourth Circuit is composed of 14 judges, seven appointed by Democrat, seven by Republican Presidents."

No, Ed, it's composed of 13 judges, 5 appointed by Republican Presidents, 7 by Democrats, and 1 by both (a Clinton nominee renominated by Dubya, as with Barrington Parker on the Second Circuit).  At least according to Wikipedia.

Posted by: Knemon at May 10, 2011 10:09 AM (Da+uN)

47 AZGON

Is this the new state?

Posted by: Cherry π at May 10, 2011 10:10 AM (+sBB4)

48

OK, and it's 12.5% in favor of it, meaning it'll happen 1/8 times, which I'd define as "fairly often."  Normally courts will ask for a showing of 95% significance (when the judges/lawyers involved have any understanding of statistics, that is).

Posted by: Knemon at May 10, 2011 02:07 PM (Da+uN)

"Occasionally" is the word that would be used by anyone having any understanding of english.

Posted by: Ed Anger at May 10, 2011 10:11 AM (7+pP9)

49 (There *is* one other judge, but he;'s on senior status, which means (a) he hears fewer cases -- which means the chance is a bit higher than your 12/5% -- and (b) he can't vote in polls for en banc rehearing.)

Posted by: Knemon at May 10, 2011 10:11 AM (Da+uN)

50 AZGON

Is this the new state?

Posted by: Cherry ð

 

No, that's the lion from that movie.

Posted by: Blue Hen at May 10, 2011 10:12 AM (Gzv/o)

51

""Occasionally" is the word that would be used by anyone having any understanding of english."

And "go fuck yourself" is the phrase used by someone not wanting to get into a fight over phrasing.

Posted by: Knemon at May 10, 2011 10:12 AM (Da+uN)

52
"Occasionally" is the word that would be used by anyone having any understanding of english.

And "infrequently" would be better.

Posted by: Ed Anger at May 10, 2011 10:12 AM (7+pP9)

53 By the time this gets to the SCOTUS, the fear is that enough Lindsay Grahams will tell everyone there is nothing to fear from Obamacare that our case will be laughed out.

Posted by: sifty at May 10, 2011 10:12 AM (2dbd9)

54 Guess we need to bank on the 11th. I believe it is majority conservative. And they will probably give a ruling in mid to late june, right? The thing is, though we all hate how Kennedy runs things, he is smart. He probably wants to see what the rulings are in the circuit but he will see if it is political or not based on the circuit makeup. Two jef appointees? Please.

Posted by: Flapjackmaka at May 10, 2011 10:12 AM (qEwOs)

55

And "go fuck yourself" is the phrase used by someone not wanting to get into a fight over phrasing.

 

Hell I thought that was the written opinion.

Posted by: Hussein at May 10, 2011 10:13 AM (Q5+Og)

56 AZGON Is this the new state? Posted by: Cherry ð --- No, that's the lion from that movie. It was called "The Lion, The Bitch and Webelos."

Posted by: AZGON, Lord of Darkness and Bombast at May 10, 2011 10:14 AM (AZGON)

57
Start welding armor plates on the station wagon. No flat tires will help too.





Don't forget to update your apocalypse wardrobe. Every well-dressed road warrior needs a good set of assless chaps.

Posted by: IllTemperedCur at May 10, 2011 10:14 AM (7YzRS)

58

And "go fuck yourself" is the phrase used by someone not wanting to get into a fight over phrasing.

Posted by: Knemon at May 10, 2011 02:12 PM (Da+uN)

Which are you ignorant of: 1) english, 2) statistics, 3) both?

Posted by: Ed Anger at May 10, 2011 10:14 AM (7+pP9)

59 The thing is, though we all hate how Kennedy runs things, he is smart. He probably wants to see what the rulings are in the circuit but he will see if it is political or not based on the circuit makeup. Two jef appointees? Please.

Posted by: Flapjackmaka

A pity that he can't do what he was appointed to do, and rule on the legality of the damned thing. If we wanted handicappers doing that job, we could have gone to the race track and gotten people cheaper.

Posted by: Blue Hen at May 10, 2011 10:14 AM (326rv)

60 The problem is that Dems ALWAYS appoint a liberal activist judge and the Repubs rubber stamp it.

The Repubs nominate liberal activist judges about half the time and the Dems fight any conservative appointment tooth and nail. Largely blocking them from ever coming to the floor for a vote.

This is why the courts are so boned.

What we really need is an Article V convention to redefine the court system. The founders left too much for grabs because they considered it the weakest branch.

Unfortunately they didn't take into account the desire by the federalists to subvert the Constitution.

Posted by: Vic at May 10, 2011 10:15 AM (M9Ie6)

61 Why is that?

Posted by: Vic at May 10, 2011 02:00 PM (M9Ie6)


I'll give it a crack.

Because we have inbred life time establishment RINO's  such as, cocksuckers McCain,Lugar and Graham. That's why.

Posted by: Barbarian at May 10, 2011 10:15 AM (EL+OC)

62

And "go fuck yourself" is the phrase used by someone not wanting to get into a fight over phrasing.

Posted by: Knemon at May 10, 2011 02:12 PM (Da+uN)

Which are you ignorant of: 1) english, 2) statistics, 3) both?

Posted by: Ed Anger

 

Grammer rumble! Everyone make a circle and throw erasers!

Posted by: Blue Hen at May 10, 2011 10:16 AM (326rv)

63

"Guess we need to bank on the 11th. I believe it is majority conservative. And they will probably give a ruling in mid to late june, right?"

Sadly, no.  Active status judges are an even D/R split.  (Normally I wouldn't be so cynical about this -- there are plenty of "liberal" R-appointed federal judges, and yes, there are some "conservative" D-appointed ones, although fewer.  But on THIS issue in particular, it seems to be down-the-line.)

Again, it doesn't matter.  Or maybe it does, but only marginally.  "oblig" could be right, this could be one in which only Scalia and Thomas, or maybe even only Thomas, sees the light.  But I think 5-4 is more likely, though if you want to know which side has the 5 ... Only Kennedy's Hairdresser Knows For Sure.

Posted by: Knemon at May 10, 2011 10:16 AM (Da+uN)

64 OT:

From Yahoo News:

Liberals in Southern Arizona are attempting to create a new state in an attempt to be the first state to officially surrender to Mexico.
The surrender ceremony will be conducted during a hacky-sac game and the treaty will be signed on the hood of a Subaru.

The new state will be called New CordobaFrance.

Posted by: sifty at May 10, 2011 10:16 AM (2dbd9)

65 This is where the GOP sucks.  We know that the conservative point of view is better for the country as a whole, but those dumb bastards do not.  When is the last time they looked at a SCJ and asked if they were the best FOR THE COUNTRY during the hearings.  NOT ONE TIME.  You're telling me that an R looked at Elena Kagan and said, Yes....she's good for the country.

FUCK no.  Politicians in general do NOT have the betterment of the country in mind....only their own fucking power and they ALLLLLL need to be thrown out.  Even some of the fucks we just elected.  Sorry, one strike and you're out on your ass, bucko.

Posted by: © Sponge at May 10, 2011 10:16 AM (UK9cE)

66 What...me worry?

Posted by: Barack E. Newman at May 10, 2011 10:17 AM (GIdqF)

67 The last time I crossed the aisle, Lindsey was already there to greet me, IYKWIM.

Posted by: Jonny McMaverick at May 10, 2011 10:18 AM (GwPRU)

68

Ed: "Occasionally" is fine.  The point is, is this so unlikely to have happened by random chance that it's worth whining like little bitches about OMG CONSPIRACY???  I'd say no.  Maybe I'm a pussy, maybe I'm just not a paranoid whining bitch, or maybe I understand that, if it IS somehow rigged, whining isn't going to get us anywhere.

Forget about it, Ed.  It's Justicetown.

Posted by: Knemon at May 10, 2011 10:19 AM (Da+uN)

Posted by: maddogg at May 10, 2011 10:20 AM (OlN4e)

70

Because the Dems block as many Pub appointees as they can while the Pubs continue to "not sink to the Dems' level" and allow almost 99 percent of Dem appointees to proceed.

Posted by: Damn Sockpuppet at May 10, 2011 10:21 AM (YmPwQ)

71

Grammer Grammar rumble! Everyone make a circle and throw erasers!

Posted by: Blue Hen at May 10, 2011 02:16 PM (326rv)

I won't have a battle of wits with an unarmed opponent.

But you are from Delaware, so you have an excuse.

Posted by: CharlieBrown'sDildo (NJConservative) at May 10, 2011 10:21 AM (LH6ir)

72 The established GOP bluebloods are giving a lot of weight to the "politicians are all the same" argument.

Posted by: sifty at May 10, 2011 10:22 AM (2dbd9)

73

Grammer Grammar rumble! Everyone make a circle and throw erasers!

Posted by: Blue Hen at May 10, 2011 02:16 PM (326rv)

I won't have a battle of wits with an unarmed opponent.

But you are from Delaware, so you have an excuse.

Posted by: CharlieBrown'sDildo (NJConservative)

 

True. Please note that this screw-up had no sales tax.

Posted by: Blue Hen at May 10, 2011 10:22 AM (326rv)

74 As random as the homo judge getting the gay marriage case in CA.

Posted by: eddie baby at May 10, 2011 10:23 AM (5FxWK)

75 Posted by: Blue Hen at May 10, 2011 02:22 PM (326rv)

Really? I didn't know that. Still not a good enough reason to stop in Delaware on the way to anywhere else. ;-)

Posted by: CharlieBrown'sDildo (NJConservative) at May 10, 2011 10:24 AM (LH6ir)

76 3 Don't worry.  Romney is introducing his plan on Thursday to Repeal and REPLACE Obamacare>>>>>>>>> That's cool. One thing Americans want more than anything else is to make the wait time for a doctor visit 43 days in all 50 states. Go for it, Mitt!!!

Posted by: Joejm65 at May 10, 2011 10:25 AM (ThKfZ)

77 It doesn't matter if the people want it repealed if their reps in Congress won't LISTEN.  These asshats will not vote to de-fund, deflate or decommission that piece of shit, so we're going to be stuck with it.  Nothing that becomes law is ever repealed, like there's no tax that ever goes away when instituted.

Posted by: © Sponge at May 10, 2011 10:27 AM (UK9cE)

78 I'm tired today, we all know how these black robed ( I denounce myself) are going to rule.
Nothing to see here folks, move along....

Posted by: mpfs at May 10, 2011 10:29 AM (iYbLN)

79

What do you call a nation that defers the most important and controversial questions to a group of unelected political hacks who hold their positions for life?

F*cked.

Posted by: glowing blue meat at May 10, 2011 10:29 AM (K/USr)

80 81

What do you call a nation that defers the most important and controversial questions to a group of unelected political hacks who hold their positions for life?

F*cked.

 

Land of the cowed and nuetered?

Posted by: Goober at May 10, 2011 10:31 AM (Q5+Og)

81 @ Sponge, Not true! The telephone tax levied to finance the Spanish-American War was repealed. After 108 years.

Posted by: Empire of Jeff at May 10, 2011 10:35 AM (W7Ddq)

82 Because the vast majority of judges are dirty lawyers!  Close down all law schools and kill the humanities!

*half-assed attempt to channel AmishDude*

Posted by: Kratos (Ghost of Sparta) at May 10, 2011 02:03 PM (9hSKh)

It is amazing how much of our system depends on honest judges, considering that judges are lawyers and lawyers are trained to be dishonest.

Who do you want trying your case, someone who's honest or someone who will try to win the case? (If the impossible happens and your lawyer actually *giggle* gets *snort* disbarred *guffaw*, what does that matter to you?)

There are plenty of reforms that one can make (fixed terms for judges, permanent disbarment for any elected official, all lawyers are registered lobbyists, passing the bar is sufficient for licensure -- no corrupt accreditation system required) but the main point should be to wrest power from this corrupt oligarchy.

Oh, and please kill the humanities. We don't need to have middle-school curricula at universities.

Posted by: AmishDude at May 10, 2011 10:36 AM (T0NGe)

83 Grammar? I'm available to referee.

Posted by: dagny at May 10, 2011 10:38 AM (23y25)

84 "...the third judge was appointed by the husband of Obama's Secretary of State." What a gutsy call that is...

Posted by: Mainstream Media at May 10, 2011 10:39 AM (6uiF7)

85 Grammar? I'm available to referee. You ain't no referee.

Posted by: Empire of Jeff at May 10, 2011 10:39 AM (W7Ddq)

86 Not true! The telephone tax levied to finance the Spanish-American War was repealed. After 108 years. Harry Reid phoned to say we could use that additional revenue now, so the tax is back in.

Posted by: George Orwell at May 10, 2011 10:39 AM (AZGON)

87 I don't know, all of my liberal friends tell me that that Obama care isn't that bad and that I'm crazy for visiting this partisan site full of right-wingnut teabaggers.

Posted by: Incurious at May 10, 2011 10:40 AM (YmPwQ)

88 86 Grammar? I'm available to referee.

Posted by: dagny at May 10, 2011 02:38 PM (23y25)


Take your grammar and put it in a sack.


Posted by: George C. at May 10, 2011 10:41 AM (EL+OC)

89 I'm also available to sex train seals........that's what you said, right?

Posted by: dagny at May 10, 2011 10:41 AM (23y25)

90 91 I'm thinking General Victor Davis Hanson Supreme Commander of the Armies of Northern California has a good ring to it.

Posted by: Wonkish Rogue at May 10, 2011 02:40 PM (cFF2m)

Not really.  Leather armor, sandals and lances would be the order of the day.

Posted by: AmishDude at May 10, 2011 10:41 AM (T0NGe)

91 OT: Politico tries to invent another narrative

The first paragraph is a blatant lie*. A quick glance at the headline might also cause some to think that the freshmen are split on if entitlement reform ought to happen instead of how. But if you read the rest of the article, it's about how to best achieve entitlement reform.

* Quote for last link starts at "...Tough choices are necessary to save the program from bankruptcy".

Posted by: Miss'80sBaby at May 10, 2011 10:44 AM (P+zzG)

92 I'm also available to sex train seals........that's what you said, right?

Posted by: dagny

 

Go on.

Somebody has to say it.

Posted by: Blue Hen at May 10, 2011 10:46 AM (326rv)

93

Oh, and please kill the humanities. We don't need to have middle-school curricula at universities.

Posted by: AmishDude at May 10, 2011 02:36 PM (T0NGe)

If by "humanities" you mean ethnic studies, film, sociology, African American studies, etc., then I agree. But history, English lit, and the other real humanities departments serve an important purpose.

Posted by: CharlieBrown'sDildo (NJConservative) at May 10, 2011 10:47 AM (LH6ir)

94

No, Ed, it's composed of 13 judges, 5 appointed by Republican Presidents, 7 by Democrats, and 1 by both (a Clinton nominee renominated by Dubya, as with Barrington Parker on the Second Circuit).  At least according to Wikipedia.

Posted by: Knemon at May 10, 2011 02:09 PM (Da+uN)

You got me. I fucked up.

I trusted the Media.

Posted by: Ed Anger at May 10, 2011 10:48 AM (7+pP9)

95 I am tired of these m*therf*cking shibboleths in my m*therf*cking judiciary!

Posted by: The Honorable Wicket at May 10, 2011 10:51 AM (AN8d5)

96 Fair enough.  And I'll concede that "fairly often" was a pretty slanted way to talk about a 1-in-8 chance.  Contrition all around!

Posted by: Knemon at May 10, 2011 10:52 AM (Da+uN)

97

Odds of three Democrats picked out of 50/50 14 total is 9.6%.  Odds of 2 of 4 Obama-appointed judges randomly picked out of 14 is 6.6%.  Odds of 2 of 4 Obama judges plus another Dem out of 14 is 2.7%. 

 

Not impossible odds, but certainly not even close to "likely."

Posted by: Not So Random at May 10, 2011 10:54 AM (MTusX)

98 Who is George C.? Old or a new random nonsensical tool? I won't even bother with Jeff. We know about him.

Posted by: dagny at May 10, 2011 10:57 AM (23y25)

99

NSR - that's not good.  (Remember, though, that one of those 14 is senior and could be hearing as few as 25% of the cases -- fewer, actually, each circuit does things differently -- as the active judges, and that 1 of the R appointees is only technically so, having been re-nominated by Dubya but originally picked by Clinton; having him wouldn't be a good sign.  Generally, when the judge was picked by a D, you know you're in trouble; by an R, you're still often going to be in trouble.)

Posted by: Knemon at May 10, 2011 10:57 AM (Da+uN)

100 We know we lost at this level when the judges were announced.  The only question is how we lose.  If they deny standing and toss the whole thing out we stand to lose a lot of time we don't have.  So of course that is the way to bet.  Then we would have to appeal to the Supremes on that issue alone.  They then furiously masturbate for months and probably decide a state does have standing on the last day of the session's document dump and it goes back to these same biased douchnozzles to delay things as long as possible before ruling NO and sending it back yet again to the Supreme Wankers.  It would be a miracle to have a ruling before the '12 elections on that schedule.  Which is the point.

Really don't think the courts want to decide this one, they would much rather the election do it for them.  If The Won wins there will be no getting rid of Obamacare regardless what the courts rule and if the Rs get it together they just might be able to get over the fillibuster hump in the post election session.

Posted by: John Morris at May 10, 2011 10:58 AM (sCRhB)

101

arguing that the parties lack standing to sue, or dismissed on the grounds that the Commerce Clause of the U.S. Constitution grants Congress broad regulatory authority allowing them to require the purchase of health insurance.

I believe they misspoke. The relevant portion of the U.S. Constitution in this case is the Non-commerce Clause.

Posted by: Vashta Nerada at May 10, 2011 10:58 AM (4Fpt9)

102 Posted by: Knemon at May 10, 2011 02:52 PM (Da+uN)

Get a room.

Posted by: CharlieBrown'sDildo (NJConservative) at May 10, 2011 11:02 AM (LH6ir)

103 Interesting....from Seattlepi...

Former GodfatherÂ’s Pizza CEO and radio talk show host Herman Cain was a surprise victor in a straw poll of GOP presidential candidates held at State RepublicansÂ’ 29th Annual Spring Gala on Friday.

Cain took 54 votes of 357 votes cast.  He edged out former Massachusetts Gov. Willard “Mitt” Romney (52) and Indiana Gov. Mitch Daniels (51).  Daniels has yet to decide whether he will run.

New Jersey Gov. Chris Christie, who has said he will not run, took 39 votes.  Ex-Minnesota Gov. Tim Pawlenty had 28, Rep. Paul Ryan of Wisconsin 22, ex-House Speaker Newt Gingrich 14, and ex-Arkansas Gov. Mike Huckabee also 14.

Trailing were Rudy Giuliani with 12 votes, Donald Trump and Rep. Ron Paul with 10, Rep. Michele Bachman at 9 votes, Jeb Bush and Sarah Palin at 8 votes apiece, ex-Sen. Rick Santorum with 7 vote

Posted by: Tami at May 10, 2011 11:10 AM (VuLos)

104 Who is George C.? Old or a new random nonsensical tool? I won't even bother with Jeff. We know about him.

Posted by: dagny at May 10, 2011 02:57 PM (23y25)

Given the text of the post, has to George Costanza.

Posted by: Tami at May 10, 2011 11:11 AM (VuLos)

105

If by "humanities" you mean ethnic studies, film, sociology, African American studies, etc., then I agree. But history, English lit, and the other real humanities departments serve an important purpose.

Posted by: CharlieBrown'sDildo (NJConservative) at May 10, 2011 02:47 PM (LH6ir)

In middle school.  Maybe high school.

But you don't need more high school after high school.

And, let's face it, the humanities killed themselves.  History, English lit and the other "real" humanities departments let themselves be corrupted and polluted.

So screw 'em. At the very least, there should be no breadth requirements that force people with triple-digit IQs to take humanities courses just to graduate.

Posted by: AmishDude at May 10, 2011 11:12 AM (T0NGe)

106 And....my 108 is on the wrong thread.

Posted by: Tami at May 10, 2011 11:12 AM (VuLos)

107

"And, let's face it, the humanities killed themselves."

Victor Davis Hanson wrote the obituary in two early books: "Who Killed Homer?" and "Bonfire of the Humanities."  Good stuff, and they helped me in my journey from full-bore left-lunatic to the pussy-ass RINO squish I am today.

Posted by: Knemon at May 10, 2011 11:16 AM (Da+uN)

108 So who would like to file suit to get the program and its code that "randomly" picks judges?  I'd like to see a fully detailed audit.  Computers are deterministic and therefore will never fully approximate true randomness, but I'd like to see how far off the programmers are.  Did they do a Knuth shuffle?  Is there statistical entropy data?
  
Personally I'd rather see them use a D20 die.  Pull the thing out of its new packaging and roll three times.  Each number represents a judge.  If a number is rolled more than once, roll again.  If a number that doesn't correspond to a judge comes up, roll again.  Do the whole process in a town hall meeting with a camera and someone to verify the die is fair.

Posted by: bonhomme at May 10, 2011 11:45 AM (rYmoh)

109 113 - bonhomme

If they have a decent/modern computer you really can get random numbers out of it.  Many even have hardware random number generators.  All e-commerce depends upon having random numbers as random as they can possibly be so enough attention has been put on the problem to get 128bit and larger random numbers in quantity.  Not that I believe for an instant that anything of the sort was used to pick the judges in this case or anything.

Remember the rule: the selection of random numbers is far too important to be left to chance.  Followed by an almost equally important rule to keep in mind: any cryptosystem that hasn't withstood rigorious peer review will have fatal flaws.

Posted by: John Morris at May 10, 2011 12:28 PM (sCRhB)

110 93 I'm also available to sex train seals........that's what you said, right?

Posted by: dagny at May 10, 2011 02:41 PM (23y25)

Orf! Orf! *clap* *clap* *clap* Orf!

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Posted by: km at May 19, 2011 08:07 PM (oGH+Y)

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Posted by: prom dresses at July 05, 2011 09:11 PM (2LTqK)

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