Pubblicato in: Devoluzione socialismo, Stati Uniti, Trump

Trump. Ottavo Circuito. La nomina del Giudice Ryan Stras arriva al Senato.

Giuseppe Sandro Mela.

2017-09-08.

2017-09-09__Ottavo_Circuito__001

«Confirmations are still pending for more than 30 of Mr Trump’s other federal judicial nominees.»

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«The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts:

    Eastern District of Arkansas

    Western District of Arkansas

    Northern District of Iowa

    Southern District of Iowa

    District of Minnesota

    Eastern District of Missouri

    Western District of Missouri

    District of Nebraska

    District of North Dakota

    District of South Dakota» [Fonte]

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Questa guerra dei liberal democratici si sta svolgendo nelle aule di Congresso e Senato, nelle piazze e, soprattutto, sulle nomine dei Giudici nella Corti Federali, ad oggi vero e proprio gruppo di fuoco dei liberal.

Stati Uniti. È in corso una guerra civile. Occorre prenderne atto.

Guerra civile americana. Si avvicina lo scontro finale.

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Trump. Neil Gorsuch nominato alla Suprema Corte. Sviluppi futuri.

Trump. Supreme Court. Il chiodo nella carne dei democratici.

Trump ed il nodo della Supreme Court.

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«L’Amministrazione Obama, con il pieno supporto del partito democratico, ha mutato la Corte Suprema da giudice ultimo e serenamente obiettivo di costituzionalità in strumento di azione politica. Nessuno intende usare parole grosse, che qui sarebbero peraltro appropriate: si constata che sotto la pregressa Amministrazione la Corte Suprema ha dichiarato essere costituzionale oppure incostituzionale ciò che tale pareva essere agli occhi del Former President Obama. Le motivazioni politiche hanno prevalso su quelle giuridiche.

Questa mutazione ha cambiato la tecnica di governo: tutto ciò che non era possibile con le urne o con il parlamento, lo diventava nelle aule dei tribunali. Le corti di giustizia diventavano immediatamente un potentissimo strumento di dominio. Dal momento in cui i giudici potevano ‘interpretare‘ la legge invece che applicarla, tutto diventava possibile. Avere la Suprema Corte a schieramento democratico avrebbe consentito di sovvertire l’intero sistema democratico. Cosa infatti accaduta.»

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Chi ha la maggioranza nelle Corti di Giustizia Federali è colui che governa gli Stati Uniti: vale più del Presidente e del Congresso.

Se non si capisce questo semplice concetto, non si capisce nulla dell’America attuale.

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Giudice Diana E. Murphy, passata a Senior nella Corte di Appello dell’Ottavo Circuito.

«Diana E. Murphy, (born January 4, 1934) is a Senior United States Circuit Judge of the United States Court of Appeals for the Eighth Circuit and a former United States District Judge of the United States District Court for the District of Minnesota.

Murphy was born in Faribault, Minnesota. She received a Bachelor of Arts degree from the University of Minnesota in 1954. She received a Juris Doctor from the University of Minnesota Law School in 1974. At law school she was an editor of the Minnesota Law Review. She was in private practice of law in Minneapolis, Minnesota from 1974 to 1976. She was a judge on the Hennepin County Municipal Court, Minnesota from 1976 to 1978. She was a judge on the Minnesota District Court, Fourth Judicial District from 1978 to 1980. She was the Commission Chair of the United States Sentencing Commission from 1999 to 2004.

Murphy was nominated by President Jimmy Carter on November 30, 1979, to the United States District Court for the District of Minnesota, to a new seat created by 92 Stat. 1629. She was confirmed by the United States Senate on February 20, 1980, and received commission the same day. She served as Chief Judge from 1992 to 1994. Her service was terminated on October 13, 1994, due to elevation to the Eighth Circuit.

Murphy was nominated by President Bill Clinton on July 28, 1994, to a seat on the United States Court of Appeals for the Eighth Circuit vacated by Judge John R. Gibson. She was confirmed by the Senate on October 7, 1994, and received commission on October 11, 1994. She took senior status on November 29, 2016. Murphy was the first woman to serve on the Eighth Circuit.» [Fonte]

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Giudice Ryan Stras, nominato dal Presidente Trump quale Giudice nella Corte di Appello dell’Ottavo Circuito.

«David Ryan Stras (born 1974) is an American attorney and jurist who is an Associate Justice of the Minnesota Supreme Court. He has been nominated by President Trump to a seat on the United States Court of Appeals for the Eighth Circuit vacated by Judge Diana E. Murphy.

Stras was born in 1974 in Wichita, Kansas. He received a B.A. with highest honors and an M.B.A. from the University of Kansas where he became a member of Theta Chi Fraternity. In 1999, he earned a J.D. from the University of Kansas School of Law, where he served as editor-in-chief of the Criminal Procedure Edition of the Kansas Law Review.

Stras clerked for Judges Melvin Brunetti on the United States Court of Appeals for the Ninth Circuit and J. Michael Luttig on the United States Court of Appeals for the Fourth Circuit. Stras then worked at the D.C. office of Sidley Austin Brown & Wood for one year, after which he clerked for Justice Clarence Thomas of the United States Supreme Court.

Stras was a professor of law at the University of Minnesota Law School from 2004 to 2010, teaching and writing in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics. He also served as co-director of the Institute for Law and Politics. Stras has contributed to research on such topics as judicial pensions and life tenure for judges. He has also studied judicial appointments and the politics of courts. He is a member of the Federalist Society.

Stras was appointed to the Minnesota Supreme Court by Governor Tim Pawlenty, with his term beginning on July 1, 2010. He was sworn in on July 12, 2010 in a public ceremony. Stras was elected to a six-year term in 2012. Prior to his appointment, he was a frequent guest on legal topics at Minnesota Public Radio. He is believed to be the first Jewish justice on the Minnesota Supreme Court. He was on President Donald Trump’s list of potential Supreme Court justices.

On May 8, 2017, President Donald Trump nominated Stras to a seat on the United States Court of Appeals for the Eighth Circuit vacated by Judge Diana E. Murphy who took senior status on November 29, 2016. His nomination is now pending before the Senate Judiciary Committee. On September 5, 2017, Minnesota Senator Al Franken announced that he would not return his blue slip for Stras.» [Fonte]

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Sì. Negli Stati Uniti è in corso una guerra civile.

La dirigenza democratica sa benissimo che Mr Trump eleggerà entro fine mandato 139 giudici nelle Corti Federali e che da quel momento tutte le loro istanze saranno sistematicamente bocciate, perché saranno trattati per come hanno trattato.


The Washington Times. 2017-09-06. Al Franken will use Senate blue-slip tradition to block Trump judiciary nominee

Sen. Al Franken said Tuesday that he will use an arcane Senate tradition to try to derail one of President Trump’s appeals court nominees, marking an escalation in what has become a nasty fight over the shape of the federal judiciary.

Mr. Franken said he won’t return his “blue slip” for Minnesota Supreme Court Justice David Stras, Mr. Trump’s nominee for the 8th U.S. Circuit Court of Appeals. Under Senate tradition, the chamber won’t proceed on a judicial nominee unless both home-state senators return their blue slips, signifying acquiescence in the pick.

Left with little power to filibuster, the blue slip has become the most effective tool Democrats have to obstruct Mr. Trump’s court nominees.

Mr. Franken said he is objecting because Judge Stras looks to Supreme Court Justice Clarence Thomas and the late Justice Antonin Scalia as role models.

“I am concerned that a nominee nurtured by such an ideology would likely seek to impose it on the litigants before him,” Mr. Franken said in a press release announcing his decision.

His move puts pressure on Senate Republicans, who must decide whether to respect the blue slip tradition and scuttle the nomination or to proceed anyway, curbing yet another minority check.

Democrats curtailed the filibuster for district and circuit court picks in 2013, and Republicans followed their lead this year by defanging the filibuster in the case of Supreme Court picks.

Conservative advocacy groups on Tuesday urged Senate Judiciary Committee Chairman Charles E. Grassley, Iowa Republican, to move forward with Justice Stras’s nomination despite Mr. Franken’s move.

“Justice Stras follows the law, he has broad support from across the political spectrum in Minnesota, he was re-elected by wide margins (wider margins than Sen. Franken), and he even earned the highest rating from the liberal American Bar Association,” said Carrie Severino, chief counsel for the Judicial Crisis Network.

Republicans say that while blue slips have generally been respected, they don’t represent a hard-and-fast rule.

Democrats counter that they observed the tradition when President Obama was in the White House and Senate Republicans objected to his picks from their home states.

Sen. Dianne Feinstein of California, the top Democrat on the Judiciary Committee, said that last year alone, four of Mr. Obama’s circuit court picks stalled out because of blue slip objections.

She said she hopes Republicans give Democrats the same treatment.

“It’s the prerogative of home-state senators to evaluate potential federal judicial nominees and determine whether or not they are mainstream and well-suited to hold these important positions of public trust, which have real-world consequences for their constituents,” she said.

Sen. Amy Klobuchar, a Democrat and Minnesota’s other senator, said she thought Judge Stras deserved a hearing. Now that Mr. Franken has withheld his blue slip, she said, Mr. Grassley should stick to the tradition and derail the nomination.

“Given this important policy, and given Sen. Franken’s view that Justice Stras should not be allowed a hearing in the Senate, the White House will need to provide additional names for the 8th Circuit position,” Ms. Klobuchar said.

Mr. Franken is the first to use the Senate tradition as a stopper. Three other Democrats have returned their blue slips allowing Michigan Supreme Court Judge Joan Larsen and Amy Coney Barrett to have a confirmation hearing before the Senate Judiciary Committee on Wednesday.

Concerned about the potential blockage of Judge Larsen, Ms. Severino’s organization launched a $140,000 ad campaign in Michigan in June to pressure the state’s two Democratic senators to support her nomination by the president to the 6th U.S. Circuit Court of Appeals.

Liberal advocates objected to Mr. Grassley’s decision to hold a hearing involving both Judge Larsen and Ms. Barrett, as well as a number of Justice Department picks, on the same day.

Dan Goldberg, legal director for the progressive Alliance for Justice, called it “outrageous,” saying there has been only one circuit court nominee per confirmation hearing in the past.

“There were only three exceptions during the entire Obama presidency and all three were noncontroversial,” said Mr. Goldberg. “Instead, Chuck Grassley — for the second time this Congress — is ramming through controversial nominees.”

Mr. Goldberg said the senators should scrutinize the judges’ records on women’s and gay rights.

The Senate returned Tuesday from a summer recess to confirm Timothy Kelly to be a U.S. District Court Judge for the District of Columbia. The 94-2 vote makes him only the second out of 23 district judges nominated by Mr. Trump to get cleared.

Confirmations are still pending for more than 30 of Mr. Trump’s other federal judicial nominees.

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