January 31, 2019

"Yesterday, the Wall Street Journal ran a story on how three conservatives nominated to the rogue Ninth Circuit..."

"... but whose nominations lapsed with the last Congress, had been left off the list of nominees resubmitted to the Senate Judiciary Committee. Many of us cried foul. According to the story, the White House was trying to reach some kind of a bargain with Dianne Feinstein and Kamala Harris, allegedly to grease the skids for the inevitable replacement of Ruth Bader Ginsburg on the Supreme Court. There are several reasons to not engage in negotiations with either Feinstein or Harris. Harris is running for president. She is incapable, even under ideal circumstances of dealing in good faith.... Feinstein, likewise, is not trustworthy and after her performance during the Kavanaugh auto-da-fé any Republican who deals with her should be shunned.... The White House is now announcing that two of the tree nominess [sic], Daniel Collins, Kenneth Lee, have been renominated to the Ninth Circuit while Patrick Bumatay is being nominated to a district judge position. This is just bullsh**. We have the votes to crush Democrat opposition. The fact they don’t like a guy…and Feinstein and Harris were terrified of Bumatay because he’s young, Filipino, conservative and gay, making him almost bulletproof to their attacks—is reason itself to push his nomination through."

From "The Trump White House Does A Partial Cave To Feinstein And Harris On Ninth Circuit Nominees" at Red State.

Here's the White House announcement of the new nominees.

Here's the WSJ editorial (behind the paywall).

Here's Rush Limbaugh yesterday (before the new White House announcement, reacting to the WSJ):

[Trump has] got a new White House counsel, and this White House counsel has been working with Kamala Harris and Feinstein, two senators from California, to the choose nominees that Trump would choose to be on the Ninth Circuit that meet their approval! What the hell! We run the Senate. We have 53 senators! The reason Trump ran — in addition to not doing amnesty and shutting down the border, building a wall and all that — was the courts!...

Feinstein is the one that when Amy Coney Barrett was up for nomination… She is on the short list for the next Supreme Court opening whenever that is and wherever it is. She was engaged in confirmation hearings for her current slot on the court that she currently sits on, and Dianne Feinstein’s looking at her and says (paraphrased), “The dogma is thick with you,” meaning, “You’re really a big Catholic.” Feinstein’s not Catholic. “The dogma is thick with you.” So we’ve got a little bit of an indication how Feinstein is gonna approach Amy Coney Barrett if she’s nominated for the Supreme Court.....

This is exactly how we lose! We give them what they want with the appearance that we’re being nice, we’re being cooperative, we’re crossing the aisle, we’re being bipartisan. See? So then when we want the Supreme Court justice we want, you’re supposed to stand down and let us have it. And it never works that way, do they? They always stand up and try to destroy our nominees, not just defeat ’em! How many years is it gonna take for our side to learn this is not how we win, survive, thrive? And it’s certainly not how we make them lose.

63 comments:

John Borell said...

Elections have consequences.

Many held their nose and voted for Trump solely for judges.

DO NOT COMPROMISE ON JUDGES!

rhhardin said...

It's a mistake to make deals with women. #MeToo

rhhardin said...

You'd think Stormy Daniels would have taught Trump about deals with women.

Mike Sylwester said...

If Justice Ginsburg's seat becomes vacant while President Trump is in office, then the Democrats in the House will impeach him. Then the Democrats will argue that Trump cannot nominate Ginsburg's replacement while the Senate is debating the impeachment.

Therefore Robert "The FBI Whitewasher" Mueller will issue a report that will provide enough doubt for the Senate Democrats to investigate and debate for the remainder of the Trump Presidency.

Mueller and Rod Rosenstein (and many, many others) have been trying to undo the 2016 Presidential election, and they feel that they still might succeed.

Lincolntf said...

The next SC nomination will be all about abortion. Now that the Left has finally admitted what most people have known all along, that "Pro-Choice" has nothing to do with privacy or respecting women's rights, it's about killing as many babies, particularly minorities, in the womb, as physically possible, the sides are clearly drawn.

Chuck said...

Carrie Severino and Ed Whelen were both essentially writing the same columns at the same time, posted at National Review Online. No one seems to have any idea what is going on. It is a genuine curiosity.

Of course, Ed Whelen writes interestingly about the blue slip process while Rush bloviates about supposedly weak and traitorous non-conservatives...

John Cunningham said...

I used to be a Republican, but the last 20 years of craven behavior by the GOP have shown me that the Repubs are both gutless and d*ckless. They have way less integrity than the Washington Generals.

Bill, Republic of Texas said...

it's about killing as many babies..., in the womb

Yesterday taught us the Dems have moved the goalposts to killing babies outside the womb.

Wince said...

Daniel A. Bress of California, to serve as a Circuit Judge on the U.S. Court of Appeals for the Ninth Circuit.

I don't see any explanation as to why Bress is an inferior nominee to replace Bumatay to the 9th, or why or if the California senate delegation would prefer him.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

Feinstein and KKKamala are both leftwing fascists.

Susan said...

I'm with EDH. There isn't any explanation about why Bress is inferior.

Not that I believe much of what any of these people say anymore. As far as Bumatay being "bullet proof ", I doubt that too. Minorities are only off limits if they are suitably liberal. Once they stray from the plantation it's open season.

Matt said...

It's weird to me that California senators think they should have any special say in who will be the Ninth Circuit judges with chambers in California. Panels are assigned randomly. Just because a judge has his or her chambers in California doesn't mean that he or she will hear only California cases. For example, the three-judge panel that decided Hollingsworth v. Perry, the gay marriage case, was Reinhardt (California), Dawkins (Arizona), and Randy Smith (Idaho). Collins, Lee and Bress have just as much chance of hearing important California cases as recently-confirmed judges Bennett (Hawaii) and Nelson (Idaho).

I'll go further. Harris has always been a criminal lawyer based in San Francisco. The odds that she has any special knowledge about the qualifications of two LA-based civil lawyers are nil. She and Feinstein are talking out of the asses.

narciso said...

Yes hes still an in person in the left, possibly double so, at the district court level he'll be right up there.

Henry said...

Opinion piece
Press release
Opinion piece
Opinion piece

Anyone got any news?

mccullough said...

You’ve got Mitt Romney, who took over Flake’s role as The Weasel Mormon in the Senate, and Collins and Murkowski.

Manchin is more conservative than these three senators.

The 9th Circuit is ridiculously Progressive. It’s a fucking joke. Trump would have to be president for 40 years to replace all the shit judges his GOP predecessors put on that court, much less Clintin and Obamas judges.

And the Open Borders Journal can go fuck itself.

narciso said...

Press release is the closest official thing

Dave Begley said...

Rush is right. It is a complete Fool's Errand to try to work with the Dems as they will double-cross you and slit your throat.

KKH is proud of her disgraceful performance in the Kavanaugh hearings. She tried to cross Kavanaugh based upon a statement that was never subject to cross examination and was completely made up. The woman admitted it.

Harris must be destroyed. Carthage must be destroyed.

Leland said...

Anyone got any news?

Yes

WWIII Joe Biden, Husk-Puppet + America's Putin said...

If Trump is stupidly letting those fiendish leftist fascist democratic whores have any power- fuyck him.

Ralph L said...

So were the two left off the list accidentally, or to make the Senators think they'd won?

Henry said...

Thanks, Leland. That looks like a wrap.

WWIII Joe Biden, Husk-Puppet + America's Putin said...
This comment has been removed by the author.
WWIII Joe Biden, Husk-Puppet + America's Putin said...

There is nothing more frightening and threatening to our republic than a LEFTWING FEMALE.

I proudly say that as a grrrrrl.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

"Feinstein and Harris were terrified of Bumatay because he’s young, Filipino, conservative and gay, making him almost bulletproof to their attacks—"

Is he still on the list?

I want the gay conservative Filipino on a list. If Trump omitted him, screw him.

Chuck said...


Blogger mccullough said...
You’ve got Mitt Romney, who took over Flake’s role as The Weasel Mormon in the Senate, and Collins and Murkowski.

Manchin is more conservative than these three senators.

The 9th Circuit is ridiculously Progressive. It’s a fucking joke. Trump would have to be president for 40 years to replace all the shit judges his GOP predecessors put on that court, much less Clintin and Obamas judges.

And the Open Borders Journal can go fuck itself.


What a weird comment. Here we have the Journal Editorial Board advocating for harder-line negotiations on conservative nominees to the 9th, and you tell the Journal to fuck off.

Past Republican Presidents put Alex Kosinski and Stephen Reinhardt (two of the greatest conservative ideologues in modern Circuit Court of Appeals history) in the 9th.

And what do the other GOP Senators have to do with any of this? I have complete confidence that they would all vote to confirm all three of the names now under discussion.

Sometimes the anti-Republican establishment hysteria in the fever swamps of the Tea/Trump Party are just so laughably dumb.

Rick said...

As far as Bumatay being "bullet proof ", I doubt that too. Minorities are only off limits if they are suitably liberal. Once they stray from the plantation it's open season.

This is an excellent outcome though. Every criticism they make of nonconforming minorities shows their faux concern over diversity / inclusion is just a cover for demanding left wing ideologues.

Henry said...

For pete's sake, people, read Leland's link.

The freakout is already resolved.

narciso said...

Strassel is pretty sharp, sometimes she doesn't even have the whole picture.

Ray - SoCal said...

Trump seems to be working on projecting an image as attempting to work with the Democrats. To be the reasonable one, the adult in the room. The one open to compromise.

And the Democrats are playing into his game, by being unreasonable.

He is also doing this on immigration.

And he’s moved the Overton windows on tax cuts, deregulation, immigration, press credibility, judge partisanship, Paris agreement, China’s goal, nato funding, Jerusalem embassy, Syria troops, etc.

Trumps targeting the surburban vote, which voted more Democratic last time.

BarrySanders20 said...

"Mr. Bumatay, a federal prosecutor, is Filipino and would have been the first openly gay judge on the 9th Circuit. He’d also been a particular target for Ms. Feinstein and Ms. Harris, though."

Gay conservatives shall not be allowed. Apostatcy is the foremost danger and shall be met with the harshest of consequences so as to discourage others from straying or thinking for themselves.

Leland said...

I agree, Henry. Not necessarily "Fake News", but a bit jumping the gun.

It must have been a slow news day for Rush yesterday. Sometimes being on the cutting edge of societal evolution results in cuts.

Ray - SoCal said...

Bumatay got nominated for a district federal judge seat in So Ca.

mccullough said...

Chuck,

You are a total moron. Stephen Reinhardt was not conservative st all. He was the most liberal federal appellate court judge. He was appointed by Carter.

You are lazy and stupid. Go fuck your self.

readering said...

Kosinski was a weird maverick who had to resign over sexual impropriety.

RBE said...

I am now pro-life but resisted a repeal of Roe v Wade. Now, if Trump gets another SC nomination confirmed, I hope it gets brought to the court and repealed. Let the Progressives who have been repulsively pushing legislation that is anti life to the max have to defend it in gruesome detail day after day. No more spinning abortion as reproductive health. Make. Them. Squirm.

readering said...

Thanks to vacancies most ninth circuit panels include a visiting district judge.

In the past conservatives advocated for keeping blue slip tradition. That's what this fight is about.

Bay Area Guy said...

These are all outstanding nominees and any Senator who opposes them is a [blank]ing moron.

Whew, I feel much better now.

buster said...

Chuck @ 9:10:

Stephen Reinhardt (nominated by Carter) was one of the most liberal judges in Ninth Circuit history.

buster said...

Mccollough said it first.

Chuck said...

My writing the name of Stephen Reinhardt was my own dumb mistake; I was daydreaming about the two big departures from the Ninth.

I should have written the name of Jay Bybee, along with the now-departed Alex Kozinski.

My apologies and appreciation for the rightful corrections.

narciso said...

Yes and the left savaged bybee for doing his job re Gitmo, they got their scalp with hayned.

buwaya said...

NR is interesting only to hobbyists of a particular sort.
Limbaugh can sway people, votes and policy, in a way NR never could.

As an aficionado of these games, I used to be a devotee of the likes of NR.
But experience teaches that ones peculiar interests have no claim to relevance in the larger world. Its sort of like being a collector of Chinese ceramics or a fan of Paul Johnson. These things are ends in themselves. As are our comments here.

buwaya said...

A gay judge is inherently vulnerable to either blackmail or manufactured scandals, should the American gay mafia be turned on him.

The only way to avoid these is to be, in the Filipino manner, gay-but-celibate. Its a thing.

Matt said...

I'm wondering what special knowledge Chuck has that Bybee is one of the most conservative judges on the Ninth Circuit. Just looking at his Wikipedia page, I see a lot of cases where he took a broad, pro-accused, interpretation of federal constitutional rights. I don't see any Bybee decisions or dissents in high-profile hot-button cases where there is a clear conservative-liberal split in jurisprudence.

Bay Area Guy said...

@Buwaya sez:

"As an aficionado of these games, I used to be a devotee of the likes of NR."

Yeah, me too. I genuinely loved Buckley, but since his passing, well, NR hasn't fared very well.

The death knell (for me) was that stupid NR editorial "Against Trump" in the 2016 primaries. I didn't even like Trump at the time, but I recognized that this editorial would help Trump win the primary because it would splinter the conservative vote among the rest of the GOP gaggle. Maybe I should be thanking them for inadvertently helping Trump?

The "Against Trump" editorial was foolish and amateur. One would naturally ask, "I see who you are against, but who are you for?"

Can you imagine in 1964, if NR came out "Against Rockefeller" but not "For Goldwater?"

About 1 month later, NR finally came out "For Cruz" - but it was too late, Trump had already gained the footing to win the nomination. And the rest is history.

Until that year, I did not fully recognize how so-called conservatives could be so politically clueless.

narciso said...

That's something I've noticed as well, it looks like it was anyone but Cruz or trump.

Yancey Ward said...

I think, probably, Bumatay's nomination was downgraded to a district level because there might be some doubt about authentic his conservatism is. A gay conservative is an anomaly- sure, they exist, but given the 9th Circuit's imbalance, why take a chance? You can always elevate Bumatay later. Republicans learned their lesson from the David Souter catastrophe.

Darrell said...

Rush bloviates about supposedly weak and traitorous non-conservatives...

Like blowhard Chuck--the Left's useful idiot.

Chuck said...

I have given NR’s “Against Trump” issue a lot of thought and have begun to re-read some of the old biographies of Bill Buckley and diving into some of the newer ones for the first time.

I am more convinced than ever that Trumpism is a lot like the Birchers that Buckley had to fight to cast out of conservatism in the late fifties and early sixties. The Birchers thought that Eisenhower was a tool of the communists. The Trumpists think that the Director of the FBI is an agent of a Deep State.

Opposing Trumpism’s nuttiness is the most Buckley thing there could be.

narciso said...

james burnham, more than buckley, understood the nature of the threat, as he put it clearly in the suicide of the west, the birchers were more like alex jones, misunderstanding the mechanism but not the goal.

narciso said...

except roger welch was more systematic in his thinking:

https://www.nationalreview.com/corner/trump-compared-with-what/

Chuck said...

I’m reading this book by Felzenberg now, inspired by having seen this NR posting from back at the time Buckley’s death:

https://www.nationalreview.com/2017/06/william-f-buckley-john-birch-society-history-conflict-robert-welch/

Bill Peschel said...

Let me pass along Powerline's opinion on the matter:

https://www.powerlineblog.com/archives/2019/01/trump-stiffs-feinstein-and-harris-on-judges-mostly.php

Conclusion: "Based on my incomplete knowledge of the two candidates, I’m at least as happy with Bress as I would have been with Bumatay. The ethnicity and sexual preference of a jurist mean nothing to me.

"Moreover, Bumatay, though taken off the fast track, hasn’t exactly been derailed. There’s no reason to assume he won’t move up if he does well as a district court judge.

"The cynicism of Feinstein and Harris leaves a bad taste in my mouth, and I would have loved it if Trump had stiffed Feinstein and Harris completely. But this may be a case of all’s well that ends well."

"Partial cave," my ass.

Drago said...

LLR and #StrongDemDefender Chuck up to his old pro-dem self-admitted smear merchant self.

If you want to know how it is that LLR Chuck makes basic fact "mistakes" over and over again, understand that these are not actual mistakes.

These are typical Chuck lies which he slips into the conversation in the hope that no one will catch them.

This happens repeatedly because LLR Chuck is only here to advance the leftist cause and smear conservatives. In this thread alone LLR Chuck has smeared tea party members, Trump voters, Rush Limbaugh, etc.

On the other hand, not a single criticism of the insane far left members of the 9th circuit.

In fact, calling leftist jurists "conservatives"..."accidentally"..(wink wink)

This transparent fundamental dishonesty and faux self-labeling is why meade requested this racist and child-attacking fellow to hit the bricks.

Drago said...
This comment has been removed by the author.
Drago said...

You will also note that on any thread where there exists the possibility of discussion regarding democrat failings or policy insanity that LLR Chuck is most active in turning the conversation away from the dems.

In this thread, LLR Chuck has determined that smearing all Trump supporters as Birchers will be the ticket to lefty narrative success.

Note carefully that this is precisely the expected online behavior of paid democrat social media operatives who are tasked with providing cover to the left and sow apparent dissension on the right.

I am quite certain that this is all entirely coincidental.....entirely.....

LOL

narciso said...

Burnham was a former trotskyite who was a pragmatist with the machiavellians (which Orwell borrowed the three superstate for 1984 from) he eventually migrated to conservatism, including Buckley's mast head.

Richie Aprile said...

It could be that that this Bumfuck guy sucked the wrong dick.

It is always a mistake to appoint a gay judge no matter how conservative he appears to be. He is sure to rule against Christians and traditional values.

There were obvious better conservatives to appoint. Notice that they find one right off.

The talk about the two California Senators is just spin from liberal apologists like Chuck.

rhhardin said...

Rush is insanely tedious talking about (1) morality, or (2) economics; in neither case does he know the principles.

He's great on media montages and general lefty idiocy news.

MD Greene said...

There almost is no point trying to place non-"progressive" judges -- even gay filipino ones -- on the Ninth Circuit. It has been the wack outlier of the federal judiciary for decades.

Yes, the federal courts in Ohio and Georgia have seen more cases overturned from time to time, but the Ninth is where true believers, like the people who hated the first Trump immigration announcement, go to seek vindication. And frequently win.

With BOTH California senators on the Judiciary Committee and effectively able to veto judicial nominations in their backyard, the Ninth will continue to be the nutty circuit for years to come.

Earnest Prole said...

A gay Filipino California judge is not the hill conservative Southern Republican Senators want to die on, all things being equal. And if you can blame that on California’s left-wing Senators, so much the better.

narciso said...

sorry chuck:

https://dailycaller.com/2019/01/31/trump-tower-adam-schiff/

buwaya said...

"Rush is insanely tedious talking about (1) morality, or (2) economics; in neither case does he know the principles."

Neither do most people. And if one did know the "principles" it would be of no practical use.

Knowing this stuff does nothing at all to shift things. Its like trying to move a very large rock, with nothing but an understanding of calculus. That, plus a bulldozer, might get you somewhere much faster. Or just a bulldozer, no calculus required.

Limbaugh has a bulldozer.