Ruth Bader Ginsburg

Ginsburg eviscerates 9th Circuit’s handling of immigration consultant’s case

Authoring a unanimous Supreme Court opinion, Justice Ruth Bader Ginsburg tore into the Ninth Circuit Court of Appeals for “drastically” straying from judicial norms when hearing a case involving a California immigration consultant. After Evelyn Sineneng-Smith had been convicted of violating a federal law related to encouraging illegal immigration, the Ninth Circuit reversed the decision, not based on arguments presented by Sineneng-Smith, but by third parties the court brought in to submit arguments that the panel of judges themselves had suggested. “[T]he appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion,” Ginsburg wrote, later stating that “a court is not hidebound by the precise arguments of counsel, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale.” The Supreme Court sent the case back down the Ninth Circuit “for reconsideration … bearing a fair resemblance to the case shaped by the parties.” Sineneng-Smith had been convicted of violating a federal law against someone who “encourages or induces an alien to come to, enter, or reside in the United States” if they know they would be in the country illegally. That was after she charged clients who sought to apply for labor certifications to obtain legal status, prosecutors said, even though she knew they could not meet the application deadlines. She argued that her conduct was not covered by the statute, and if it was it would be a violation of her First Amendment rights. After both sides submitted briefs and held oral arguments, the Ninth Circuit panel — instead of deciding the case at that point — invited the Federal Defender Organizations of the Ninth Circuit, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild to file briefs. The Ninth Circuit specifically outlined issues for them to discuss, including whether the law in question was unconstitutionally overbroad under the First Amendment — an issue separate from any of Sineneng-Smith’s arguments. They also gave the organizations 20 minutes to present oral arguments, compared to just 10 for Sineneng-Smith’s lawyers. The Ninth Circuit ended up overturning Sineneng-Smith’s conviction based on the idea that the law was overbroad under the First Amendment. Ginsburg wrote that the Ninth Circuit’s actions undermined the principle that parties and their counsels are responsible for presenting their own case. “There are no doubt circumstances in which a modest initiating role for a court is appropriate,” Ginsburg wrote. “But this case scarcely fits that bill.”

You know its bad when the Supremes issue a unanimous decision.  That, in and of itself, is a smackdown.  We very rarely agree with Justice Ginsburg.  But, ya gotta give credit where credit is due…and it is here.  The lunatics at the 9th CIRCUS Court of Appeals in San Francisco (go figure) are the most overturned federal appeals circuit court.  President Trump is desperately trying to get a few quality judges on that bench before he leaves office.

Ruth Bader Ginsburg temporarily blocks release of Trump’s financial records

Ruth Bader Ginsburg came to the rescue of President Trump Friday and allowed his financial records to remain secret from House Democrats – for now. The liberal Supreme Court Justice granted an emergency request from Trump’s lawyers to delay enforcement of subpoenas House Democrats issued to Deutsche Bank and Capital One for Trump’s bank records. A lower court Tuesday ordered the banks to cooperate with Congress in handing over a treasure trove of Trump’s financial dealings in the midst of the House’s impeachment inquiry. But Ginsburg stayed the ruling until 5 pm on Dec. 13. That’s when the Supreme Court is expected to vote on whether to take up at least one of the two pending cases involving Trump’s financial records. The latest dispute is over three subpoenas issued by the Democratic-led House Intelligence Committee and House Financial Services Committee for bank records for Trump and three of his children, Don Jr, Ivanka and Eric Trump. Trump’s lawyers argued the sweeping requests for records exceed the committee’s legal authority. But the United States Court of Appeals for the Second Circuit in New York ruled Dec. 3 the committees had legitimate legislative purposes for issuing the subpoenas and ordered the banks to promptly begin transmitting the documents in daily batches starting next week. Ginsburg signed the order because she’s in charge of deciding emergency appeals out of New York.

And all her zombie liberal fans are burning their “Notorious RBG” t-shirts and screaming insanely, lol.  This isn’t over by ANY stretch, and could go either way.  But, c’mon..  this little intervention by Justice Ginsburg is hilariously ironic.     🙂

Ginsburg to miss next week’s Supreme Court sessions, but recovery ‘on track’

Supreme Court Justice Ruth Bader Ginsburg will miss next week’s court sessions and work from home, but her recovery from early-stage lung cancer surgery remains “on track” and no further treatment is needed, the court announced Friday. “Justice Ginsburg will continue to work from home next week and will participate in the consideration and decision of the cases on the basis of the briefs and the transcripts of oral arguments. Her recovery from surgery is on track,” Supreme Court public information officer Kathy Arberg said in a statement. “Post-surgery evaluation indicates no evidence of remaining disease, and no further treatment is required,” she said. The 85-year-old’s absence this week from oral arguments — her first since joining the bench — after her surgery in December sparked speculation about a possible departure, and even led to low-key planning by the White House for that scenario. Sources confirmed to Fox News that the White House has quietly reached out to a small number of GOP lawmakers and conservative legal advocates, reassuring them it would be ready for any court vacancy. The court has not yet offered a timetable on Ginsburg’s return. Oral arguments resume next week, before the court goes on a month-long recess. Two doctors contacted by Fox News with experience in performing pulmonary lobectomies said, given her age and procedure, a home recovery of about six-to-eight weeks is common – and they would expect the justice to be ready to resume normal duties next month. But should she not return for the Feb. 19 public sessions, there will likely be renewed concern for the liberal justice’s future. Ginsburg’s health troubles have been met by significant concern from liberals, who recognize that if she retires and Trump picks a conservative to replace her, it would mark a significant generational shift to the right for the court. But Ginsburg has overcome health scares before. In the last two decades, she has undergone treatment for both colon and pancreatic cancer — returning to work within days and never missing a public session until now.

And that’s the difference..  The “Notorious RBG,” as her liberal cult fans call her, is 85…and she’s had numerous cancer surgeries.  That’s why DC insiders on both sides of the political aisle are keeping a close eye on her status.  Should she decide to retire suddenly, President Trump would most definitely pick a conservative to replace her, and then the Supreme Court would have a solid conservative majority for many years, if not decades, to come.  Of course, we’ll keep an eye on Justice Ginsburg’s status, and let ya know if there is anything worth reporting.

Ginsburg: ‘I Wasn’t 100 Percent Sober’ For State Of The Union Address

We now know why it appears that Supreme Court Justice Ruth Bader Ginsburg appeared to fall asleep during President Barack Obama’s State of the Union address last month – she was drinking beforehand. In a lighthearted moment before an audience at George Washington University in Washington, D.C., Thursday night, the 81-year-old Ginsburg cracked up telling the story that she “wasn’t 100 percent sober” before going to the State of the Union.

I’m no fan of Ruth Bader Ginsburg..  But, hey..  Can’t blame the poor woman for having a few drinks before having to listen to that blowhard.  If I had to get all suited up to listen to Obama yap for a couple hours, I’d be sure to get hammered.  So, we’ll give Justice Ginsburg a pass.     🙂