The Boehner Suit May Hinge on The Turn of a Card

Are political cases sometimes influenced by the judges own political views?  Who gets the case could be the key to what happens.  A couple of judges on the D.C. circuit were also previous political appointees. Could that influence how they might rule?

Of the regular non-senior status judges there are seven Obama, five Bush43 and three Clinton appointees one of whom is the Chief judge.

Senior judges are two Reagan and two Clinton appointees.

Here is the U.S.D.C. D.C. Local Rule about the secrecy of the selection deck that have in other smaller courts been simply a deck of cards.

SANCTIONS IMPOSED
(a)     COURT OFFICERS AND EMPLOYEES.
The Clerk or his/her designee may respond to or describe, in general terms, the process of
creating case assignment decks for the automated case assignment system. In addition,
the Clerk or his/her designee is also authorized to reveal the name of a judge assigned a
case and the procedure by which the assignment was made. No employee of the Court
may reveal to any other person, other than members of the Calendar and Case
Management Committee and the Chief Judge, any list that may show the composition of
any deck. No court employee may number or assign any case other than in the manner
provided in these Rules or in the manner ordered by the Calendar and Case Management
Committee. An employee who violates this provision may be subject to discharge from
service.
(b)     THIRD PARTIES.
No person shall directly or indirectly cause, or procure, or attempt to cause or procure, a
court officer or employee to reveal to any person, other than the members of the Calendar
and Case Management Committee, the sequence of the judges’ names within each block
of assignment cards, or to number or assign any case otherwise than herein provided or as
ordered by the Calendar and Case Management Committee. A violation of this Rule may
be punished as a contempt of court.
COMMENT TO LCrR 57.15(a): This amendment provides the Clerk’s Office with
sufficient latitude to generally discuss the creation of the case assignment decks.
Further, it permits the Chief Judge to be apprised of the composition of any deck.

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My Case for a Ukraine Version of the U.S. Constitution . . .

We have just seen how a confederation like the EU cannot reach agreement about dealing with a country that is evidencing it wants to invade them all. The thing that the US has that is absent in the EU is the power of the President to conduct foreign affairs.  All foreign policy emanates from the US President.  The Senate advises and consents regarding ministers.  Nothing else.  It’s a ship with one captain.  Nations that lack this power are inherently weak.

We wanted a leader as strong as any King but subject to election and the Law.  We had a confederation and it didn’t work. The Constitution is our foundation and it gives great power to the duly elected President of us all and makes us a tough nut to crack.

Reconsider the current parliamentary system.  Create political subdivisions based on old established political/ethnic relationships. Those are your States.  Determine how large a lower house you want and divide the total Ukraine population by that number. Apportion them to the States by their proportion of the population.  Large states have more Representatives than small ones.

Give each state two upper chamber representatives like our Senators. That makes States with fewer people as powerful as the big ones.  Rhode Island, that is smaller than some farms in Ukraine, has the same Senate power as Texas or California.  This protects ethnic or political minority areas like Donbas.  If the majority ignores them they still have power to be heard disproportionate to their size.  When the US Constitution was formed there were political and cultural differences that made the citizens suspicious of the people from the other colonies.  The one thing they, like Ukrainians, had in common, is a power imperial force bent on destroying them all.

Give the lower house of Representatives the power to make war and the power over money, both taxes and spending.

Give the upper house Senate a final say on the lower house proposals as well as appointments of ministers.

Pay them all well.  Demand honesty and loyalty to the Constitution under penalty of Law.

Don’t call anyone a traitor unless they did something after the Constitution is enacted and then only if it is really terrible.

Ukraine, like Americans in 1775, have to fight a powerful imperial force to be and remain free.  Stick together.

You’ll all be fine.

Слава Україні

Tim in Honolulu

Austrialia Sending Fifty Cops Where NATO Fears to Tread. . .

Gallipoli is one war movie I have never been able to sit through.  The tragic story of a WW-I battle involving Australian troops in service of the King, landing on the banks of the Turkish Straights only to be wiped out from the high ground by the Ottoman Turkish forces. Sad and frustrating beyond measure.

The Aussies are sending 50 police officers to guard the dead in Eastern Ukraine.  Good on ‘ya mates.