Trump Puts Another Conservative Judge on the Leftist Ninth Circuit; May Flip the “Ninth Circus” to Republican by 2020

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Hawaiian judges hardest hit.

Via Instapundit, another judge appointed.



President Trump has been remaking the Ninth Circuit Court of Appeals, shifting further and further to the right. On Wednesday he got another victory with the confirmation of Kenneth Lee in a 52-45 vote. And Democrats are really miffed about this one….

Lee who had a unanimously “well qualified rating from the American Bar Association, is Trump’s 40th circuit judge to be confirmed, even though Democrats were hoping to block his nomination.

Democrats tried to “blue slip” the judge. That is a tradition increasingly ignored — it permits the Senator of a judge’s home state to exercise a one-woman veto over a nominee by refusing to return a “blue slip” regarding his nomination. Kamala “Stoney” Harris tried that, as did the decrepit Dianne Feinstein, and Lindsey Graham just said “Nah brah” and voted him out of committee anyway.

Also via Instapundit, Deb Heine writes that Trump could flip this circuit.

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@retire05:

thinking doctors make too much money and should give their services for free (Medicare for All)

Why are you under the impression that doctors would have to work for free under a “Medicare For All” plan?

@kitt:

Shall not be infringed is so hard to interpret.

No more difficult to interpret, apparently, than is “A well-regulated Militia, being necessary to the security of a free State.” Gun aficionados always seem to skip that part in the course of their arguments.

@Michael:

“A well-regulated Militia, being necessary to the security of a free State.”

There is no comma between the words Militia and being.

I thought you were a History teacher?

@rich wheeler: No cable here, the TV is entertainment for the grandson on rainy days. I dont bother watching the idiot box. 60/40 =100% crapola

@retire05:

“A well-regulated Militia, being necessary to the security of a free State.”

There is no comma between the words Militia and being.

You are incorrect. Yet again.

@retire05: Legal scholars do not agree about this comma. Some have argued that it was intentional and that it was intended to make militia the subject of the sentence. According to these theorists, the operative words of the amendment are “[a] well regulated Militia … shall not be infringed.” Others have argued that the comma was a mistake, and that the operative words of the sentence are “the right of the people to … bear arms … shall not be infringed.” Under this reading, the first part of the sentence is the rationale for the absolute, personal right of the people to own firearms. Indeed, the historical backdrop—highlighted by a general disdain for professional armies—would seem to support this theory.
Under the first section of the Fourteenth Amendment, passed in 1868, states may not abridge the Privileges and Immunities of citizens of the United States. The privileges and immunities of citizens are listed in the Bill of Rights, of which the Second Amendment is part.
The recent Heller decision confirmed the right to personally own firearms.
Dems hate the constitution as it is a list of what the government cant do to you.

@Michael:

Looking at a copy of the original Bill of Rights, I stand corrected.

But that does not absolve you from thinking you know what it meant. You obviously don’t. You have to account for the use of punctuation of that time period.
The use of a comma, in many instances, served as the word [and].

Hence: A well-regulated Militia, [and] being necessary to the security of a free state, [and] the right of the people to keep and bear arms shall not be infringed.

First part and second part address two issues, not one. It doesn’t say “the people of the militia”, does it?

@retire05:

Looking at a copy of the original Bill of Rights, I stand corrected.

Thank you.

@kitt:

At the time of the writing of the Constitution, the colonies did not have a joint universal standing army. They had state “militias”. Washington had to recruit a standing army, the Continental Army.

Also remember, the Constitution, as well as the Bill of Rights, was written in the lexicon of the day so that it could be read to, and understood by, those colonists who were neither educated nor could read. The colonists understood that men, women and young children (who were not in the militias) could own a [fire]arm and no one could deny them that right (i.e. the King). Also, militia men were expected to supply their own fire arms when called up.

The commas in the Second Amendment serve as nothing more than the word [and]. Remove the commas from the Second Amendment and insert the word [and] and the meaning remains the same.

@retire05: I always read it as a list.
The words “the people” seemed to be interpreted as individuals not state or organized group such as militia.