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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@kutt: I find it amusing that Repubs. act like anyone other than Biden could get Dem nom—won’t happen—Biden opened up in Pa.—his birth state–he’ll spend so much time in Mich voters will think he’s a wolverine—wins those two he’s POTUS–KISS

I agree with Trump that any abortion law should NOT prevent a woman raped or victim of incest from having an abortion—Alabama has gone too far.

@Richard Wheeler:

@kutt: I find it amusing that Repubs. act like anyone other than Biden could get Dem nom—won’t happen—

The DNC decides who the nominee will be. If they think Biden is best, he will be the nominee. If they think one of their gimmicks would be better (like they thought Hillary would), it will be the black, woman, black woman, phony Native American woman, gay, socialist…

Old white guy? Really?

@kitt: my view is that God either creates all life or He doesn’t. And if He does, just who is going to step up to Him at the judgment and say it was my right to murder what You created because I felt like it.

@Deplorable Me: Old White Guy against Old White Guy race decided in Pa and Mich.
Simple –anything else a sham.
Biden and DNC know he’s got the nom—-other 22 vying for 2nd place—I like Tulsi.

HRC —no “gimmick” Her turn AND DNC picked—-same same Joe
Difference this time–say again Pa and Mich return to Blue.

@kitt, #28:

They have fought every common sense limitations to protect womens lives from butchers like Gosnell.

That would be another dishonest argument. You should probably drop it, unless you’re ready to concede that all “pro-life” advocates are homicidal lunatics like Scott Roeder.

It’s the removal of choice that would send thousands of desperate young women back to the medically unskilled back-ally butchers of yesteryear. That is precisely what it would do. We know that from history. That is precisely what it did.

@Greg: Oh. Tell me what Democrats have supported that would prevent another Gosnell? You are all celebrating a law in NY that LEGALIZED what Gosnell was doing. In fact, show me the liberal outrage over what Gosnell, Tiller or Karpen have done.

@jlfcpa: Are you consistent? Are you against war and the death penalty, as well? If yes, good for you.

@Richard Wheeler: There is an idea behind the laws being passed, they are pushing for the nullification of the unconstitutional R vs W. Either leave it to the states or let congress make a law, a real one. Each side give a little, each side gets a little.
I certainly would not get an abortion, I wouldnt stop someone from getting one, thats strictly between a woman and her creator. Just dont make me pay for any part of it. It should never be subsidized, PP is a for profit business, offers no real health care.
My personal feelings of it being unquestionably a murder are my own beliefs. The only way to prove it was a rape is to report it, if you survive. At that time doctors can insure no unwanted pregnancy will happen.
If lawmakers can get their heads out of their asses perhaps full term abortion and unwanted infants will be just history.

@kitt:

unconstitutional R vs W

As of this moment, it’s fully constitutional.

@jlfcpa: I am a very poor person to judge the mind of God. I see at times things that cement my beliefs http://www.sciencealert.com/scientists-just-captured-the-actual-flash-of-light-that-sparks-when-sperm-meets-an-egg
It doesnt have to convince anyone else, I can only be responsible for lil ol me.
There are those that will get in your face and demand you think as they do, or actually tell you what you must think to be consistent.

@kitt:

actually tell you what you must think to be consistent

I don’t get to tell people what to think and I don’t get to enforce intellectual consistency, but I do get to point out that two ideas are inconsistent with one another.

@Michael : I know exactly what you are, I know exactly what you do, never add to the conversation just pick at tiny bits of it, its intellectually lazy.
No where in the constitution does it say the Judicial Branch makes laws, try to follow the next logical step.

@Deplorable Me, #56:

Dr. Tiller does not belong in the same category with the other two, as any intelligent, honest, morally conscious person should realize. Dr. Tiller was a highly principled medical practitioner, who provided necessary and legal medical services to women who required them for a variety of compelling reasons. A late term abortion is no woman’s casually-made choice. Dr. Tiller provided services to them knowing it was at the risk of his own life, because without him there would have been no one else to do so. This ultimately cost him his life, because of some “pro-life” psycho who imagined he was doing the Lord’s work by assassinating a far better man during his church services.

What’s actually being considered in rare cases like Gosnell ‘s are examples of egregious moral failing combined with medical malpractice. Gosnell wasn’t fit to be a doctor. He was a licensed incompetent, unconstrained by principles. He also pushed drugs. He’s in prison because everyone was outraged by his behavior, not just because the right was outraged. It is the right, however, that has decided to make him one of their poster boys.

@kitt:

its intellectually lazy

This from the person who tried to tell me that the God Particle has something to do with religion, and that humanism is “a kind of politics.”

@Greg: Scott Roeder. is in prison because everyone was outraged at his behavior too.
The person he killed was doing abortion for mental distress and other non life threatening reasons. I would venture no life threatening reasons but made big bucks doing it.

May 19, 2019 — Trump signals Alabama abortion law goes too far but stresses he’s ‘strongly pro-life’

Uh huh. Read through to the end.

He says he supports legislation that bans abortion after five months, with exceptions to that limit in cases of rape, incest, or to save the life of the mother.

That hardly differs from my own views. I would only add severe uncorrectable fetal abnormalities to the list. I guess I am “strongly pro-life” and didn’t even realize it.

The guy is a natural-born conman.

@Michael: I am not going to explain to a person with zero understanding or want to. Please keep your comments to others of your beliefs.
Would you believe someone from Oxford or are you smarter than they are https://www.oxfordbibliographies.com/view/document/obo-9780195399301/obo-9780195399301.

@kitt, #65:

The person he killed was doing abortion for mental distress and other non life threatening reasons.

No doubt it causes mental distress to learn what one believed to be a normal pregnancy in fact involves a dangerous disease process or a serious fetal abnormality. Those were the types of situations Dr. Tiller dealt with. He didn’t provide routine abortion services.

He routinely wore a bullet-proof vest because he received so many death threats. He was wearing one in church on the day he was murdered. How sad is that?

@kitt: “Page not found.”

Quelle surprise.

@Greg: #66 I like that, be careful you agreed with Trump on an issue. He also doesnt want war with Iran thats 2 issues. Oh the slippery slope. 😉

Have you not yet figured out that he says whatever he calculates the audience in front of him wants to hear? With a more diverse audience, that sometimes requires the careful wrapping of a total contradiction.

@Michael: Use your search engine you lazy bitch
try “the politics of humanism”

@kitt:

Use your search engine you lazy bitch

I’d rather not do your homework for you.

@Michael:

As of this moment, it’s fully constitutional.

John Hart Ely
“What is unusual about Roe is that the liberty involved is accorded … a protection more stringent, I think it is fair to say, than that the present Court accords the freedom of the press explicitly guaranteed by the First Amendment. What is frightening about Roe is that this super-protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis-a-vis the interests that legislatively prevailed over it. And that, I believe … is a charge that can responsibly be leveled at no other decision of the past twenty years. At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking.”

Lawrence Tribe
“One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.”

Ruth Bader Ginsburg
“Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the Court. … Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict.”

Alan Durshowitz
“Judges have no special competence, qualifications, or mandate to decide between equally compelling moral claims (as in the abortion controversy). … clear governing constitutional principles … are not present in Roe.”

Archibald Cox
“The failure to confront the issue in principled terms leaves the opinion to read like a set of hospital rules and regulations. … Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice Blackmun are part of the Constitution.”

How can so many Constitutional law professors, who Michael seems to think is the final word on Constitutional law, which includes those who are left wing supporters of abortion, say that Roe is unconstitutional yet Michael, who just recently read the Constitution claims is IS Constitutional. Who are you going to believe, Michael or the people who have devoted themselves to the study of the meaning of the Constitution>

@kitt:

hu·man·ism
NOUN
1. an outlook or system of thought attaching prime importance to human rather than divine or supernatural matters. Humanist beliefs stress the potential value and goodness of human beings, emphasize common human needs, and seek solely rational ways of solving human problems.

2. a Renaissance cultural movement which turned away from medieval scholasticism and revived interest in ancient Greek and Roman thought.

@retire05:
It doesn’t matter what constitutional scholars think at this point. There will be people on either side of every issue. Every constitutional scholar in the country could sign a petition saying they believe it’s unconstitutional, and it wouldn’t change a single solitary thing. The Supreme Court declared it constitutional.

The same body could declare it unconstitutional in the future and its status would change. The Constitution could be amended and its status would change. Until then, however: constitutional. Sorry.

@retire05:

How can so many Constitutional law professors, who Michael seems to think is the final word on Constitutional law, which includes those who are left wing supporters of abortion, say that Roe is unconstitutional yet Michael, who just recently read the Constitution claims is IS Constitutional. Who are you going to believe, Michael or the people who have devoted themselves to the study of the meaning of the Constitution>

You addressed this comment to me. Why are you referring to me in the third person? Did you forget by the end of your comment what you’d done at the beginning?

who Michael seems to think is the final word on Constitutional law

Where’d that come from?

@Michael: Go spout your 3rd grade educational methods at your unfortunate students.
Religion and Politics are also nouns you hapless fool.

@kitt:

Religion and Politics are also nouns you hapless fool.

Don’t get triggered at me over the fact that the word “noun” is all caps. It’s written that way in the source.

@Greg:

Dr. Tiller does not belong in the same category with the other two, as any intelligent, honest, morally conscious person should realize.

He most certainly does. He was not allowed to perform partial birth abortions unless it was for a medical necessity, so he was in league with another doctor that would write a prescription for any excuse the woman could come up with… including “headaches”. All for a buck.

What’s actually being considered in rare cases like Gosnell ‘s are examples of egregious moral failing combined with medical malpractice.

Again, what does the left support that would prevent such atrocities? Regulation? Nope, can’t have it. Restrictions? Nope, can’t have it. Inspections? Nope, can’t have it. Minimum requirements? Nope, can’t have it. In short, the left opposes any and all regulation, restriction or limitation of abortion and THAT has resulted in this barbaric NY law and, ultimate, a very serious threat to its very existence.

Gosnell wasn’t fit to be a doctor. He was a licensed incompetent, unconstrained by principles. He also pushed drugs. He’s in prison because everyone was outraged by his behavior, not just because the right was outraged.

Gosnell only got caught because an ADULT ultimately died from his “care”. There was no regulation, no inspection of his practice. He had no standards to meet. How could such an incompetent drug pusher carry on a practice? Because he provided ABORTION and no one wanted to look into what he was doing. Because abortion is sacred; untouchable. Yet, nothing in the Constitution mentions anything about “abortion” or how IT shall not be infringed, does it?

@kitt: Roeder is in prison because he killed someone. Isn’t that ironic? Today, he could have simply argued he performed an abortion.

@Michael:

It doesn’t matter what constitutional scholars think at this point. There will be people on either side of every issue.

Oh. Well, what if a large number of them got together and signed a letter stating they thought it was un-Constitutional? You and Greg seem to place a lot of stock in such things.

@Deplorable Me:

Well, what if a large number of them got together and signed a letter stating they thought it was un-Constitutional? You and Greg seem to place a lot of stock in such things.

Yes, both the Mueller petition and retire05’s list of lawyers carry the same weight in the real world.

@Deplorable Me:

amici curiae

@Deplorable Me: Roeder belongs where he is, The proper course was for the anti-late term person to advertise the scam and how the man was skirting the law for massive profit. He was a specialist he preformed thousands of late term abortions. Bragged that he developed a technique, so the women were no more than lab rats to him.

@Deplorable Me, #80:

He most certainly does. He was not allowed to perform partial birth abortions unless it was for a medical necessity, so he was in league with another doctor that would write a prescription for any excuse the woman could come up with… including “headaches”. All for a buck..

“In league with” is how you’re characterizing obtaining a second medical opinion. This is only more dishonesty, as you don’t actually know a damn thing about the details of Dr. Tiller’s cases. You’re slandering a good man who actually died for what he believed, because it’s useful to do so. Trump has established this as the new norm. A lasting part of his legacy to America, no doubt.

Again, what does the left support that would prevent such atrocities? Regulation?

The laws and regulations that put Gosnell and his associates in prison. The problem was that they were not being enforced. If I’m not mistaken, both the house and senate of the Pennsylvania state legislature are controlled by republicans. That’s been the case for much of the recent past. Where was the Pennsylvania Department of State’s Board of Medicine through all of this? Who’s fault was that?

Gosnell only got caught because an ADULT ultimately died from his “care”. There was no regulation, no inspection of his practice.

There most certainly was regulation and law on the books. Apparently someone didn’t put much effort into applying any of it, in spite of many complaints.

Hey, maybe it’s somehow Obama’s fault. Or maybe Clinton’s.

@Greg: Sometimes its just a mindset, there are cases after cases, like Tyrone Cecil Malloy impressive background on paper. A dangerous repeat offender that is making a come back.

@Greg:

“In league with” is how you’re characterizing obtaining a second medical opinion.

Yeah, since she (the referring doctor) would write a prescription for a partial birth abortion for whatever excuse was available and would receive a cut from the take.

This is only more dishonesty, as you don’t actually know a damn thing about the details of Dr. Tiller’s cases.

Oh, to the contrary, I know quite a bit about how Tiller conducted business. That’s why I am commenting on it; I’m not just repeating what I’ve been told to repeat in defense of the beloved abortion; I relate to FACTS. He wasn’t known as “Tiller the Baby Killer” just because it rhymed.

You’re slandering a good man who actually died for what he believed, because it’s useful to do so.

It’s not slander if it’s true and he was a murderer for profit; a scumbag. At least Mafia hit-men don’t kill children.

The laws and regulations that put Gosnell and his associates in prison.

After he had killed hundreds of babies and a couple of women. Nothing to do with regulating abortion got him caught; it was simply murder. No routine inspection or regulation stopped him; if it were up to the abortion klan, he would still be in business.

If I’m not mistaken, both the house and senate of the Pennsylvania state legislature are controlled by republicans.

If you would also notice, restricting abortion even moderately takes a super-majority of Republicans (forget about Democrats addressing abuses). You should have seen the scene in Austin when the measure to prevent more Tiller’s/Gosnell’s/Karpen’s from happening. Abortion supporters were going to throw piss and shit on legislators for restricting abortion to the first 20 weeks and mandating cleanliness standards and inspections; cops took away their tee-tee and doo-doo at the door. Such is the liberal mentality.

There most certainly was regulation and law on the books. Apparently someone didn’t put much effort into applying any of it, in spite of many complaints.

Indeed, and enforcement was not the responsibility of any Republicans in the state capital. It’s more of a reluctance to touch that third rail of abortion. Obviously, “if only one life can be saved” does not apply here, as far as liberals are concerned. Well, you’ve gone too far now.

@Deplorable Me, #86:

Yeah, since she (the referring doctor) would write a prescription for a partial birth abortion for whatever excuse was available and would receive a cut from the take.

As previously pointed out, you know nothing about the circumstances of Dr. Tiller’s cases.

Oh, to the contrary, I know quite a bit about how Tiller conducted business.

I see no indication of that whatsoever. Do your “sources” have access to the medical records of his patients? His business was that of a doctor.

JUNE 4, 2009 — Patients Pay Tribute to a Murdered Doctor

If you would also notice, restricting abortion even moderately takes a super-majority of Republicans

The restrictions and regulations that made Gosnell’s actions illegal already existed in Pennsylvania. What made his actions possible was a woefully ineffective regulatory environment. Republicans appear to be opposed to regulation as a general principle, unless cranking out more is way to pander to single-issue voting blocks. To that end, they’ll create endless unnecessary regulations designed to indirectly deny women access to abortion services. Requiring, for example, that such facilities meet all of the same requirements as ambulatory surgical centers, when they don’t perform procedures that in any way require that.

@Greg: He treated women like lab rats without the proper guidelines of developing new surgical techniques

Ethical Considerations Regarding the Implementation of New Technologies and Techniques in Surgery

He was profit driven, ethically bankrupt.

@Greg: Tiller and an accomplice were making a lot of money providing partial birth abortions. That is a FACT. What they were doing was illegal. That is a FACT. Dr. Ann Kristin Neuhaus lost her license for making the referrals. That is a FACT. The left tried to simply ignore what Gosnell did. That is a FACT.

You people cannot be trusted with the power of life or death. That is a DEMONSTRATED fact.

@Deplorable Me, #89:

Doctors are generally paid for the work that they do. Generally they earn considerably more for their time than do those in less skilled professions. Were you unaware of this? I believe the information falls under the heading of common knowledge.

You people cannot be trusted with the power of life or death.

You can stick that comment in the same place as your assertion that every frickin’ idiot in America has an inviolable constitutional right to own an assault rifle.

@Greg: Doctors used to earn considerably more for their time than do those in less skilled professions, then came government health care. I ask you to get nosey with your doctor and ask him if he makes as much as his auto mechanic, plumber , HVAC guy when seeing a patient that is relying on any government insurance. I wont tell you what a neuro specialist told me, find out yourself.
Do you ever see a single family doctor in an office anymore?

September 2011 — Working with Dr. Tiller: Staff Recollections Of Women’s Health Care Services of Wichita

The doctor believed in what he was doing. He died because of it. He probably could have made a lot more money practicing dermatology, as he originally intended to do.

Bill O’Reilly, who helped paint a target on Dr. Tiller, is still making millions, despite his FOX News cancellation and a $32 million sexual harassment settlement. So tell me who the better man was.

@kitt: You gotta be kidding—feeling sorry for Doctors??lol—see#92
My advice—stay away from em as much as possible for as long as you can—-exercise–plant based diet–basic vitamins—rest and a good relationship—no meds.–no need–

@Greg:

You can stick that comment in the same place as your assertion that every frickin’ idiot in America has an inviolable constitutional right to own an assault rifle.

Well, that’s tough shit if you don’t like it, but just have a look around. Not only do numerous liberals make crude, vulgar, divisive threats of intimidation, harm or murder against those who disagree with them, and then we watch Democrats make legislation to murder BABIES when they get in their way or try to impose police state tactics IN CONGRESS to destroy political enemies, but they have used illegal powers of surveillance to destroy opposition political candidates. No credibility and no trust.

The doctor believed in what he was doing.

Yeah, he believed in making a killing… by killing.

Bill O’Reilly, who helped paint a target on Dr. Tiller, is still making millions, despite his FOX News cancellation and a $32 million sexual harassment settlement. So tell me who the better man was.

Between the two, O’Reilly certainly is. He didn’t KILL BABIES FOR PROFIT.

@Richard Wheeler: Just correcting a dumb comment Richie, I avoid doctors. Take my advise watch out for that plant based diet 75% of our food supply is contaminated with roundup. Grow a garden avoid GMOs.
Find a filter that will get rid of fluoride whats in your toothpaste is enough, if you still have your teeth you old dog.

@Deplorable Me:

No surprise that in #93 Greggie Goebbels links to the Guttmacher Institute which is the statistical arm of Planned Parenthood. But then, Greggie Goebbels knows nothing but left wing sources.

Now, let’s talk about the salary of doctors; how many years does it take of education to even graduate from med school? I guess Greggie thinks medical students get free tuition, free room and board, free books, etc. His link gives annual incomes. It does not account for things like medical malpractice insurance (can be as high as $40,000.00 a year) or office staff, office rent, etc. And I would suggest he looks at a Medicare statement from someone who recently had surgery. Guess he’s OK with doctors, et al, being paid 40% of their wage.

My plumber makes $150.00 an hour. Out of that he has to pay for his tools, his licenses, his truck, his office and two staffers. And he spent four years becoming a journeyman plumber, not 8-12 going to school not to mention the time spent as an intern (when they are worked hard, many hours, for little pay).

Frankly, I’m sick of people like Greggie Goebbels thinking doctors make too much money and should give their services for free (Medicare for All).

Of course, Greggie Goebbels had to seed his argument with this statement:

“You can stick that comment in the same place as your assertion that every frickin’ idiot in America has an inviolable constitutional right to own an assault rifle.”

Nevermind that the right to own firearms IS listed in the U.S. Constitution but judicially approved murder (abortion) is not no matter how Blackmun struggled to claim it is.

@retire05: When has Greg ever been correct on the constitution or even our form of government?
But he does watch MSNC who gives their viewers legal advice from Michael Avenatti.
Shall not be infringed is so hard to interpret. What could they have meant by that?
Our last defense against tyranny.

@retire05: Murder is OK, self defense is prohibited. The left wants total control over our lives.

@kitt: I’m watching 60% FOX 40% CNN
Have you seen Napolitano’s bashing of Trump?

Re teeth –I’ve gone full implants—Like a Mercedes payment but worth it—my car is paid and 20 years old lol