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Old 12-16-2017, 06:46 AM
 
13,685 posts, read 9,009,247 times
Reputation: 10406

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Some of these new appointees probably wont last long. Of course, being a Federal District judge is tough work, involving good knowledge of civil and criminal procedure, with a heavy case load.

Furthermore, while we certainly have the occasional thread about a certain case involving some novel legal issue, most of the cases are mundane.

Indeed, if a claimant is denied his or her application for disability benefits by an ALJ, and the Appeals Council finds no basis for review, said claimant then must file suit in the appropriate District Court. So many of these cases are filed that some years ago the Federal District Judges even asked Congress to create a new 'Disability Court' (much like you have Patent Courts, Bankruptcy Courts, etc.), but Congress never took action. Note that these type of cases do not require a trial, but the Judge must review the decision (sometimes written by yours truly) to see if the ALJ followed the rules concerning determination of disability.

I will note that all District courts have a Federal magistrate who actually does the heavy lifting in these cases, with the Judge then usually signing off on the decision.

Even the Federal Court of Appeals usually has mundane cases. Contrary to popular opinion herein, a Federal Court of Appeals cannot overrule Supreme Court rulings. If some Trump appointee thinks that he is going to immediately overrule, for instance, Roe v. Wade, said new judge is in for a rude awakening.
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Old 12-16-2017, 07:45 AM
 
Location: Long Island
57,271 posts, read 26,206,502 times
Reputation: 15641
Quote:
Originally Posted by legalsea View Post
Some of these new appointees probably wont last long. Of course, being a Federal District judge is tough work, involving good knowledge of civil and criminal procedure, with a heavy case load.

Furthermore, while we certainly have the occasional thread about a certain case involving some novel legal issue, most of the cases are mundane.

Indeed, if a claimant is denied his or her application for disability benefits by an ALJ, and the Appeals Council finds no basis for review, said claimant then must file suit in the appropriate District Court. So many of these cases are filed that some years ago the Federal District Judges even asked Congress to create a new 'Disability Court' (much like you have Patent Courts, Bankruptcy Courts, etc.), but Congress never took action. Note that these type of cases do not require a trial, but the Judge must review the decision (sometimes written by yours truly) to see if the ALJ followed the rules concerning determination of disability.

I will note that all District courts have a Federal magistrate who actually does the heavy lifting in these cases, with the Judge then usually signing off on the decision.

Even the Federal Court of Appeals usually has mundane cases. Contrary to popular opinion herein, a Federal Court of Appeals cannot overrule Supreme Court rulings. If some Trump appointee thinks that he is going to immediately overrule, for instance, Roe v. Wade, said new judge is in for a rude awakening.
Very true, a large majority of cases in the district and appeals courts are quite boring, usually patent rights, civil suits and real estate. The "activist judge" theme is much over used using one case like immigration to generalize that this is common and these new judges are going to change the world. Granted there are important cases but they are few and far between, I keep asking outside of immigration where exactly do they expect these judges to make a difference. It will not be Row Vs Wade, but what are the decisions recently handed down that they feel so important.
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Old 12-16-2017, 07:49 AM
 
Location: sumter
12,970 posts, read 9,656,695 times
Reputation: 10432
Quote:
Originally Posted by desertdetroiter View Post
Kagan and Sotomayor actually answered questions at their confirmation hearing.

They didn’t go duh, errr, umm, well, uhhhh...
Lol
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Old 12-16-2017, 08:16 AM
 
Location: Born & Raised DC > Carolinas > Seattle > Denver
9,338 posts, read 7,110,408 times
Reputation: 9487
How embarrassing for Trump.

Donald Trump nominated a man for a federal judge position that cannot answer BASIC questions about federal court procedures.

Haha! Dummy.
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Old 12-16-2017, 08:26 AM
 
18,082 posts, read 15,670,593 times
Reputation: 26793
Quote:
Originally Posted by listener2307 View Post

trump is reshaping the judiciary with puppet judges. There is nothing anyone can do to stop it.
ftfy
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Old 12-16-2017, 08:30 AM
 
18,082 posts, read 15,670,593 times
Reputation: 26793
Upon watching that video, all I could immediately think about is the upcoming SNL skit tonight...you just know they'll use this debacle and have a good time with it.

How can anyone think putting someone in a supreme court position in which they have no legal experience a 'good' idea? I mean I know people support their oompa loompa without fail, but c'mon. You really think this guy is a great candidate for that job? And don't start with ... "but Obama appointed..."
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Old 12-16-2017, 08:36 AM
 
Location: Born & Raised DC > Carolinas > Seattle > Denver
9,338 posts, read 7,110,408 times
Reputation: 9487
Quote:
Originally Posted by lottamoxie View Post

How can anyone think putting someone in a supreme court position in which they have no legal experience a 'good' idea?
Two words: Donald Trump.

Notice how few Trump supporters are in this thread? Even they can't come up with an excuse for this one LOL
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Old 12-16-2017, 08:45 AM
 
8,924 posts, read 5,626,404 times
Reputation: 12560
What were you expecting with a moron for President?
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Old 12-16-2017, 09:07 AM
 
Location: sumter
12,970 posts, read 9,656,695 times
Reputation: 10432
Quote:
Originally Posted by skins_fan82 View Post
Two words: Donald Trump.

Notice how few Trump supporters are in this thread? Even they can't come up with an excuse for this one LOL
And they guy who was asking the questions, is a Republican from a deep red state in the south.
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Old 12-16-2017, 09:40 AM
 
Location: Born & Raised DC > Carolinas > Seattle > Denver
9,338 posts, read 7,110,408 times
Reputation: 9487
Quote:
Originally Posted by ipaper View Post
And they guy who was asking the questions, is a Republican from a deep red state in the south.
Exactly . REPUBLICANS embarrassed this guy. Trump's guy.
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