Something funny has happened on BushCheneyCo’s favorite federal appeals court circuit, where The Regime gets its horrible detention, torture, and wiretap cases rubber-stamped by compliant judges.
The U.S. Court of Appeals for the 4th Circuit, long considered one of the nation’s most conservative appellate courts, is shifting to a moderate direction with the balance up for grabs. A growing list of vacancies — now five — has left the court evenly divided between Republican and Democratic appointees.
With an election year approaching, experts predict the court will tilt decisively to the left if Democrats keep control of Congress and reclaim the White House.
The Favoring Fascists Fourth is all tied up. Let’s keep it that way, shall we? Chairman Leahy, your confirmation hearings need to stop right now.
No more Bush judges!
Related posts:
- If It’s [Was] Friday, It Must Be State Secrets, Hiding Abuse of Power, in the 9th Circuit
- Sotomayor: One Confirmation Down; Many More to Go
- Surveillance Program Violates Fourth Amendment, DNI Blair’s Office Says
- Franken-Coleman Update: What Will Smilin’ Tim Do?
- John Dean: Is Boies/Olson’s Federal Anti-Prop 8 Filing A Risk?
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Zed.
Uno?
everything Bush touches turns to shit… this may work to our advantage eventually.
I told ‘em downstairs.
This is why elections matter.
I really think the Senate judicial confirmation process oughta put a “Gone Fishin’” sign on the door until 1/09. Why give these jokers any more judges?
single digits now to read…
let’s not tell him judges are missing from that bench… recess appointments and all…
The “Fascist Fourth”? Right on. I have a hard time believing Leahy would let another Bush nominee get through, after the way the SJC has been treated by the White House.
TeddySanFran @ 6
How about “Gone investigating”?
Great, another opportunity for Lieberman and Pryor etc.. to do their dirty work..
Sorry to be so cynical..
TeddySanFran @ 6
So there can’t be recess appointments here?
she says with fingers crossed
I thought Reid said that he wasn’t confirming any more shrub judicial nominees?
I think this should be extended to all shrub nominees, for anything. Any news on recess appointments yet?
petwrecker @ 7
Single digits now? Sheesh! I vote that the zed and the zed only wins a cigar.
Thanks, hackworth…I’ll accept the fine cigar of your choice.
TeddySanFran @ 6
Well, given that DiFi is totally clueless and voted to send Southwick’s nomination forward, let’s hope Leahy is smart enough to not let any other Bushista’s lie and scam the system.
Sorry for the OT post heres the USGS seismic map of UT.
Good Post, Teddy! Correct me if I’m wrong, but, can’t Shrub recess appoint Judges to the Fourth? This is where Reid needs a skeletal crew in town to ensure we avoid those travesties!!!
Thanks TeddySanFran, been awhile since we’ve had any good news.
http://www.seis.utah.edu/recen…..12-40.htmlargosfalcon @ 17
A lawyer’s view. In the old days, You couldn’t necessarily predict how a justice would vote. Examples: Earl Warren (a CA republican), Harry Blackmun (an MN republican). Today, you can. Democrats in the Senate need to accept this.
Guess Im done for a while,(humming if I only had a brain)
Hey! Remember Taj Mahal singing “Going Fishing”?
Is there any other fascist districts that W can use for venue shopping?
argosfalcon @ 20
thank you!
Miners condemned to die slowly in the dark; inconvenient immigrant workers and their families locked up in euphemistically named “Family Residential Centers;” engineers ordered to rebuild exactly the same flood control systems in New Orleans that already failed once to the cost of thousands of lives; bridges collapsed from neglect; a white prosecutor in Louisiana told a group of black children who got involved in a schoolyard scuffle with racist white bullies, in which nobody got seriously hurt, that he can “end their lives with one stroke of a pen” and then tries them with 100 yr sentences hanging over their heads; in Georgia, a high school sports hero sits in jail for years for having consensual sex; and, by the way, our food in more or less poisonous. I don’t know why we bother with judges and laws in shrub’s America. Sometimes it all seems a little superfluous.
Any judicial recess appointments (which are entirely on Harry Reid’s head, in my view) would last until the end of this Congress in December 2008. Shutting down the SJC process will disable confirmation to lifetime appointments.
Lotsa mischief possible with recess-appointments, yes. But not infinite danger.
Hi Teddy. In SF now
Please. With DiFi and the like all over Southwick, there is NO WAY they wont rubberstamp anyone Bush tells them to appoint. He tells them to stay late and pass HIS FISA atrocity, they comply. He tells them they must fund Iraq to HIS spec, they comply.
They are NOT going to do shit. They can’t do shit but undermine the Constitution and tear the fabric that used to hold this country together. They are done. Dems SUCK! (to put it politely). Vote NO on Dems. ANYTHING is better than a Dem. Write-in your dog (or cat). They will certainly do a better job than the Dems can do.
Loo Hoo. @ 23
Great one, Loo Hoo! Saw him live at the Armadillo back in the seventies.
argosfalcon @ 22
Hmmm… Ground zero is the Mine!
TeddySanFran @ 6
While I agree in spirit, I wouldn’t want to see this become a general practice whenever the Senate and presidency are controlled by opposite parties (and if they were to say they’re refusing to confirm because Bush is so bad, you know that’s just what the GOP would do forever.) However, I think the debacle in the Justice Department provides them an excellent opportunity — cooperate with our investigations, or no confirmation hearings. Bush is never going to give up “Firewall” Gonzales, so the roadblock becomes his fault.
(Assuming some Dems can do halfway decent PR on it, which is a big if, of course. However, I’ve noticed that people’s eyes really seem to glaze over when Bush whines about the “partisan obstruction,” so it’s an easier job than most.)
dakine01 @ 16
Heh. Good ole Leahy. Sure, we can count on him to pull his head out of his ass – after he has just given ANOTHER extension to Bush on the illegal spying shit? You are joking if you think he is going to do anything but drool and stare blankly. It’s what he DOES.
Hugh @ 10
or not. Leahy gives WH another extension
I think Schumer said no more judges….obviously DiFi doesn’t agree. Southwick is a total scumbag.
bushco. torture machine
digby
new yorker
The Black Sites
by Jane Mayer
TeddySanFran @ 27
True, but the mischief they could wreak upon current decisions establish precedence!!!
Elliott @ 12
Hate to be the bearer of bad news, but Recess Appointments of even a Supreme Court Justice have occurred in our nation’s past.
Such as:
Loo Hoo. @ 23
Yup. I actually sang that song to Taj Mahal one time.
Praedor Atrebates @ 29
You cede all ground to the GOP? That is the obvious outcome of each of us writing in a pet.
wangdangdoodle @ 30
Around 72 in DC. Solo show in a small room. Had a fretless banjo and played some “devil chasin’” music. Could use some of that right now.
new yorker
The Black Sites
by Jane Mayer
On democracynow this morning.
http://www.democracynow.org/streampage.pl
Praedor Atrebates @ 33
I’m really getting sick of this crap. A certain amount of venting is fine, but after a point, contributing nothing substantive and going on endlessly with ad hominem attacks about Dems being drooling idiots gets really old.
Blub @ 26
I used to be a republican, and then I was an independent, and now I am a democrat. I would vote for you.
It would be incomprehensible if the Democrats were to permit any single federal judge to join the bench, to say nothing of the Court of Appeals. If you think the 4th circuit is bad, check out the 11th. Judge Cooke got slapped down by her “fellow” Republicans for daring to have one minor doubt about the government’s case against Padilla. It’s time to heed Nancy Reagan in this judicial appointments situation — Just Say No!
P.S. — Fox News — which I watch when I want to get my heart pumping — had some convoluted introduction to a story which had as its conclusion that the next President would be (drum roll please) ..yes…Rudy. Fox had found a way to make Rudy the eventual winner. And yes, my heart was pumping at all the salacious news to come. Rudy running for President when he recommends crooks for Homeland Security. No wonder his own kids don’t talk to him.
carolyn urban @ 39
I had the fortune to see him live at the Kona Surf a few years back and had him autograph one of his old LP’s!!!
OT..but it is now being reported that “retreat mining” was being used at the Crandall mine.
http://www.wkrn.com/nashville/news/me…..111397.htm
Beg to differ. I think Leahy is pretty damn smart, and is the type of person who believes in the rule of law. He also takes his oath to uphold the Constitution very seriously. He’s not a brawling Fuck you on the Senate floor kind of guy, but I’m extremely proud to call him my Senator.
CarolynUrban, do tell! When and where? How?
Redshift @ 43
Me too.
Redshift @ 32
Actually the R’s have already done this. They basically refused to confirm Clinton nominees for most of the last year – year and a half of his presidency as they were sure that an R would win the Y2K election.
Lew Koch @ 45
Or vote for him… Aloha, Lew! Whatcha got in the pipeline? 8-)
OT-
Obama’s really helping out. These headlines from TPM:
Redshift @ 43
Agreed. We’re all mad about the FISA vote, but Leahy has been one of my heros since January. Can’t expect any one person to do it all.
eCAHNomics @ 53
Or maybe Mushie’s helping Hillary.
Great post TSF. The activist judges are definitely on the repub side.
TeddySanFran @ 40
exactly. Dems might be weak, but we can fix that. Republicans are the ones that got us here, and we shouldn’t forget that.
GordonM @ 55
My, My, we’re certainly cynical today!!! ;-)
Loo Hoo. @ 49
bit of a story. Used to be a great music venue around the corner from me in Burlington VT in the 70’s and early 80’s – called Hunts. Saw Koko Taylor, BB King, Roy Buchanan, and many other greats there – total capacity of about 150 people, so it was up close and personal. Musicians liked Burlington, it was a fun town. My friends and I had Junior Walker and the AllStars back to our apartment for a RAUCOUS dance party after their show.
So, I trailed poor Taj Mahal backstage to invite him for a party. And I guess, being in my cups, I thought it would be clever if I sang him that song.
I don’t think he was too impressed, though he was nice about it. And no, he didn’t come to the party.
Feinstein is simply a Republican who caucuses with the Democrats in order to be elected in California. People should not have high expectations of her with regard to party unity, rule of law, the constitution, civil liberties, judicial appointments or human rights.
When she ran as a Democrat for governor, one of her ads was her speaking about the death penalty at the Democratic state convention and being booed for her views. She’s RGJoe in a dress.
And yet she is consistently voted the most admired political figure in California. She has ridden the Moscone-Milk assassinations hard and long, to great success.
carolyn urban @ 48
Carolyn Urban: TRUE or FALSE: Leahy’s objective is to get himself re-elected.
Hey, TexBetsy! Left my phone charger in Chicago…Thought we did a triple check!
GordonM @ 55
And maybe Pakistan has heard about something Bush is planning before the election.
Richmond @ 63
oh great, maybe more of my nightmares can come true.
Loo Hoo. @ 62
Last I saw it was on your bed.
I think I left my black ethernet cable.
TeddySanFran @ 60
You are what you eat, and
you are what you sleep with.
I’ve met him a few times, he lives in the next town and I’ve run into him at our village church. I’ve been voting for him for years, and following him closely for the last couple. Sure, I think he’d like to be reelected, because he is a public servant, and he knows there is work that he can do. I really do not believe that getting reelected is his big priority. Absolutely not.
And you know what? It would backfire for him if that was his main objective. Vermonters are a quirky bunch, never more so than when in the voting booth. We tend to like integrity, over flash and dazzle. We like people who are good at their word, and who try to get things done.
CTuttle @ 58
Well, he could be trying to help Mitt or Rudy, but I think he’s smarter than that. After all, it takes a fair bit of smarts to perch on the edge with tribal fundies on one side, moderns on the other and nukes buried beneath.
TexBetsy @ 65
this is part of the phone charger mfg’s business plan. people buying replacements who forget them in hotel rooms. I bet every hotel’s lost and found has a few of each!
Or, let me put it another way about Leahy, and this is my sense of him: he’d rather Constitional checks and balances were restored and he was defeated in the next election than the other way around.
TeddySanFran @ 40
I do not think you can enter a write-in on the evil electronic voting machines. Don’t get mad, get revenge. Find a candidate you like for the primaries. Or be a candidate yourself.
carolyn urban @ 48
i agree… but i get the impression that he (and feingold and whitehouse) are not getting a lot of support for what they’ve been trying to do.
or maybe i’m just reading things wrong…
selise @ 72
I have the same impression you do.
carolyn urban @ 70
My family has known him quite well for years an he is the genuine item.
Richmond @ 74
sure seems that way to me.
Agreed. I know everyone is feeling really frustrated and angry right now, and with reason. But if can’t believe in the integrity and good intentions of people like Patrick Leahy or Russ Feingold, then I’m really lost here.
GordonM @ 68
True! And all the while dodging assassination attempts!!! Glad I’m not in his shoes…!!!
Up’n coming:
A look at the MSM covering Padilla :-)
allan_in_upstate @ 66
lotsa detail here.
Lew Koch @ 78
Kewl!!!
No more Bush judges and no more Bushes in elected or appointed office!
I think it may serve a higher purpose for the pundits to be discussing DEMS striking Osama in Pakistan. It sounds proactive, as opposed to the Repubs infinite-quagmire double-gitmo 5-wives mexican-concentration-camps plan.
CTuttle @ 80
Is it going to be a brief post?
Lew Koch @ 78
Looking forward to it.
yes, you can “write in” on electronic voting machines… we did when Dirty Gary Miller ran unopposed here… lot of people must’ve – he only got about 61% of the vote… I do believe Mickey Mouse may have received the rest.
TeddySanFran @ 40
And the difference? No more Iraq Debacle? Nope, the Dems give us that. No more illegal spying? NO, the Dems make it LEGAL (or at least give it their big, fat blessing!). No more suspension of Habeas? NO, the Dems haven’t done SQUAT! No more gutting of reproductive rights? NO, they approved the “partial birth abortion ban” AND put Alito (and Roberts) on the SCROTUS. Doing ANYTHING to prevent an attack on Iran? NO, quite the opposite. They are studiously avoiding doing ANYTHING about it and all they do is talk about “how dangerous” Iran is.
NO DIFFERENCE. Only style, not substance.
In any case, here’s a fact: if enough people vote for 3rd parties, they aren’t 3rd parties anymore!. If enough Greens and Indies get elected, they don’t kiss the ring of corporations and the One Party Leadership that controls BOTH the Dems and the GOP.
Explain how voting for people that GUT Constitutional rights, continue illegal wars, allow unconstitutional and other illegal acts to continue UN-HINDERED are any better than the GOP?
eCAHNomics @ 53
Iran, 1978. Except Pakistan has nukes.
TexBetsy @ 83
LOL!!! Like the coverage the MSM is doing with Padilla?!!! ;-)
OldCoastie @ 85
Will he run unopposed again?
CTuttle @ 88
Yes, that was my implication.
Badwater @ 89
nope! we gotta a candidate this time around!
OldCoastie @ 91
I hope so…I’m in Miller’s district.
OldCoastie @ 85
As someone who every 2 years counts (good old paper and pencil) ballots: the name of a write-in must be a real person. It must be spelled exactly correctly. If the write in is not known to the local election official, the town of residence should be included.
Mickey Mouse, Donald Duck… are the same as leaving it blank. (That’s fine with me, real write-ins are a pain in the ass for the counters.)
No confirmations.
Impeachment of all Federalist Society members.
Removal of all Federalist Society members from DOJ, including amending civil service laws to do so.
I’m pissed.
OfT:
LooHoo & TexB, if you call or email the hotel, you may have luck recovering your property (I don’t know the value of what you left behind). But best be quick about it; I’m sure they won’t hold left-behind things for long.
Consumer Affairs at the McCormick Hyatt is Eric Haefner, EHAEFNER@HYATT.COM 312-528-4175
Praedor Atrebates @ 86
Unfortunately, I can’t quibble much with your analysis, except, they’ll still be third (or Fourth…) parties, just not allowing the current regime to run rough-shod over our ideals and rights!!!
GordonM @ 93
I think the write in vote was split between Mickey Mouse, Donald Duck and Not Gary Miller!
the fella running in CA-42 – his name is Ron Shepson – he announced on the Big Orange.
recess appointments don’t last until the end of this congress, but until the start of the next one. important difference, since the Bushies might opt for the Not-Really-Limited Emergency Bunker Government solution when Karl tells them the math won’t suffice in 2008.
Thanks, Teddy.
I think Reid has a plan in place to block any recess appointments.
click here
Has anyone heard anything more recently?
The Pakistan question is really bothering me.
Our “leaders” say put pressure on Musharraf to go after OBL. Then they say, he can’t because of the tribal leaders that don’t like him, and want to kill him.
Then our “leaders” say, we can’t go in there, because Pakistan has nukes, and if his government falls, the nukes end up in terrorist hands.
I say, demand Pakistan give up its nukes, now. India too.
Yes, yes…I know…we have more nukes than anyone…still, I say, make them give up their nukes.
Somebody is using Musharraf as a “buffer” to protect OBL from getting caught.
Somebody is being held hostage..is it us?
If anybody even intends to catch him — if he is even alive….
I just don’t get it, obviously, but it bothers the shit out of me.
carolyn urban @ 76
Reality doesn’t give a flying f*ck for your beliefs, hopes, or dreams. It is what it is. Accept it and go from there. They are NOT the “good guys”.
Ok… I am going to go into my third party rant…
Since Nader’s run, WHAT has any third party done?
1. Registered enough voters to qualify as a valid party in every state?
2. Have a state, county and district party group in every state?
3. Do they have candidates in congress?
4. Where is the third party farm team?
IF you are unhappy with what the elected Democratic office holders do then JOIN the party, become the party, and make the change within. I bet you that if you asked the congresscritters if they are elected precinct committeepersons in their district or on the state party committee they will say NO. They are only elected officials, those people who volunteer to work tirelessly for the party, the signature gatherers, phone bankers, canvassers, state, country and district officers ARE the party.
It is all and well to say lets run to a third party but the stupid thing is that NO ONE has done anything to make a viable third party nationwide since 2000. What has occurred is Howard Dean and his 50 state strategy. In our state committee last time they asked how many of them worked on the Dean campaign, more than 2/3 had. THAT is how you make change. AND that is in Arizona!
“You shouldn’t always say everything you think, if you are running for President.” Hillary Clinton. This could be a problem…
Reid has a plan…
Why don’t I find that more reassuring?
LS @ 101
And what happens after Pak. sez “no”?
Elliott @ 75
Really? You’re dreaming. If what you say is true, WHY YET ANOTHER EXTENSION TO NO WHERE FOR BUSH!? Why is Gonzo still in office? Why why why? Why is NOTHING actually happening, NOTHING actually being done to “restore checks and balances”? WHY DID LEAHY GO ALONG WITH FISA? Why did Feingold? And yes, they DID go along with it because they didn’t do ANYTHING to stop it. Nothing. They packed their vacation bags just as fast as Reid, DiFi, and Pelosi and Hoyer did.
GUILTY!
eCAHNomics @ 106
I have no idea. Musharraf will get taken down sooner or later by his own people. I’d just rather have the nukes out of there first. I would think he would too, because if he gets taken down first, and some crazies get control…then what happens? None of it is good. The worst part is the nuke part.
Bullshit.
Steve-AR @ 50
I realise that the truth hurts but it is what it is. There is NO excuse for what they have done for the last 10 years and counting. They. Were. Not. Tricked. Or. Scared. Into voting for FISA additions! They are not scared by restoring Habeas…they just do NOT want to do it because they WANT this crap. They are authoritarians just like the GOP.
The history is inescapable and the excuse that they don’t have the votes, or they have no power (look at the minority GOP power!), blah blah. Excuses only, not explanations, not truth. Lies. Only lies.
They ARE what they are allowing and voting for.
Remember our “ally” Pakistan harbors AQ Kahn, who gave out nuclear technology like halloween treats. He is a national hero in Pakistan.
smapdi @ 111
I agree. He’s more dangerous than OBL.
Praedor Atrebates @ 102
You are just rude. (don’t feed the trolls – hand just slapped).
ardens @ 100
I spoke to Reid’s office last week – they knew of no such a plan.
David Olsen @ 105
Yes. And Jaysus loves you.
Reid has nothin.
Richmond @ 113
Hardly a troll (I’ve been here a long time). Sorry you find “f*ck” rude (sheesh). How about this:
Reality doesn’t care what you think, wish, dream for, believe, desire, etc. It is what it is and it is NOT what you are dreaming, wishing, desiring it to be. Reality is great exactly because it is real. You need to deal with it as it is or get pounded down again when your “knights” in the Dem party turn out to be not knights on great steeds come to rescue you, but rather sneaky bastards in the dark with a shiv all ready to shank you (again).
How many times do you need to get kicked in the stomach before you figure out the lay of the land here?
frank 33 at 104 says-”
“You shouldn’t always say everything you think, if you are running for President.” Hillary Clinton. This could be a problem…”
i didn’t take it that way, my dad taught me the same thing, you don’t always say what you’re thinking…….
Praedor Atrebates: I have enjoyed your comments in the past, but I just don’t agree. One thing I can do is read people. I’m reading Leahy. And based on what I pick up, I’m trusting him. That’s just me.
Let’s remember: not everyone is a hero, but not everyone is a villian here either. We have different degrees of guilt. From War Criminals to appeasers and apologists and enablers, to those just wanting to turn a blind eye.
I don’t think Leahy is any of those. Nor is he Rambo. He is , IMO, a good man, trying to sort out an extremely fucked up situation.
it is simple. No More Approvals. As a matter of fact- no more hearings on nominations. None. Zero. Zip. Nada> Nyet.The chimp gets nothing.
I have got to stop getting sucked into these inflamatory discussions when I’m trying to get dinner together. Jeez.
Praedor Atrebates @ 102
i think feingold and whitehouse did what they could wrt fisa – and feingold has been fighting the good fight ever since dec 2005 when it the illegal warrentless wiretapping was first reported.
although i do tend to try (frequently without success) to avoid the good guys / bad guys labels.
Turns out there was a plan to keep the Senate in pro forma session. They apparently made a deal. Probably we’ll get powned again…..
From Congressional Quarterly
carolyn urban @ 118
Look, I am EXTREMELY pissed, not to say alarmed, at what has happened to my country and my rights. They no longer exist…or those that do hang by a thread that the Dems are all too willing and able to cut. I am with Arthur Silber on this. It is NOT a repeated series of mistakes, misreads, getting p0wnd. If that is truly the case then they do not deserve to control anything, certainly not the government, because they are incompetent, but I do not think it is general and broad incompetence. It is general and broad malice, greed, power humger, and a huge pile of self-serving.
What REALLY makes me angry is how so many of you simply forgive and forget. No matter what they do, or fail to do, you get upset for an hour or two and then conveniently and repeatedly forget the whole thing and fall in love all over again. You STILL give them money. You STILL send them love letters.
Basic behaviorism works people. You do NOT reward bad behavior. If they keep screwing up, sticking a knife in our backs, keep spitting on their oaths, on the Constitution then the proper response is NOT to shrug and say “Oh well. Want more money Sugar? Do me again!” What I want is consistency (from all of you) and holding to certain minimal, simple standards. When they stick an icepick in you back, WITHOLD rewards. WITHOLD money. And do NOT assure them that no matter what you will STILL vote for them and keep them in their cush jobs with superb, lifelong healthcare benefits, posh salaries that go up faster than ANY normal American’s, and all sorts of other perks. They do NOT deserve it, they are servants…OUR servants…and it is well passed time they start acting appropriately. They peel OUR grapes, we don’t peel theirs.
Frank33 @ 104
More than a problem, her statement lacks reason and accountability.