Comments on: The federal appeals court system is the left’s not-so-secret weapon

By: Thomas Hazlewood

Thomas Hazlewood — Mon, 13 Feb 2017 18:04:13 +0000

I wonder just how hard it will be to find judges who are not indoctrinated by the leftists who predominate in our law universities?

The ABA itself is a leftist stronghold. Ponder how many conservative judges might be able to pass their high hurdle and receive their stamp of approval.

By: Jack Okie

Jack Okie — Mon, 13 Feb 2017 15:03:02 +0000

Re: Astrodog and nullification.

Check out Stephen Miller’s comments to George Stephanopoulos on ABC’s “This Week” program:

http://tinyurl.com/Miller-Not-Supreme

Preparing the battlespace?

By: Campesino

Campesino — Mon, 13 Feb 2017 13:57:46 +0000

From all I have read it appears Congress will break up the 9th Circuit into at least two more circuits.

I think Congress should add a number of new judges to all circuits for President Trump to appoint to insure more people have access to speedy justice (wink wink)

By: Hatchy

Hatchy — Mon, 13 Feb 2017 12:58:12 +0000

For all of you decrying the PTAB, Big Pharma has had capture of the Federal Circuit for years (see, e.g., any opinion written by Judge Newman, who gets on pharma panels with alarming regularity). Finally you are getting some people with a modicum of science background looking at these patents and invalidating them in a way district courts (overly swayed by secondary considerations evidence) never do. Big pharma gets all kinds of b.s. patents to evergreen their product long past the genuine innovation point. As for the exclusive rights — you can have the exclusive right, but that doesn’t mean you are entitled to a remedy of complete exclusion. Just like any property interest, if I trespass, and you aren’t harmed, you don’t have much standing to sue. The Fed. Cir. caselaw is a mess, particularly when the harm of lost sales gets extremely attenuated to components, processes or method claims.

By: FrancisChalk

FrancisChalk — Mon, 13 Feb 2017 10:52:05 +0000

Also, GWB appointed many liberal judges owing to the fact that he was, at best, a “moderate” republican and also out of some notion (now clearly foolhardy) of “cooperation” with the Left/democrats.

By: FrancisChalk

FrancisChalk — Mon, 13 Feb 2017 10:51:15 +0000

Also, GWB appointed many liberal judges owing to the fact that he was, at best, a “moderate” republican and also out of some notion (now clearly foolhardy) of “cooperation” with Left/democrats.

By: Tom D Perkins

Tom D Perkins — Mon, 13 Feb 2017 10:50:28 +0000

” This why I say it wouldn’t matter if it was President Cruz or Rubio instead of Trump or if that EO was written and executed perfectly they still would have found some reason to block and we would be in the same position. ”

No, a better written EO would not have stepped on legally enforceable privileges, for example of green card holders.

By: Astrodog

Astrodog — Mon, 13 Feb 2017 09:49:57 +0000

I would like to see executive and congressional nullification come back into play. It seems clear that the judiciary has delegitimized itself. It no longer feels constraIned by the plain language of a statute nor the clearly enumerated powers in the constitution. What the ninth circuit attempted is a blatant power grab, but it only works if the other branches of government go along with it. The federal judiciary has so discredited itself that all it requires is a single statement by the president that he considers their actions null and void. The voters will go along with it. It is premature right now perhaps, but the time is approaching. The federal judges are just too myopic to see it coming.

By: Ira

Ira — Sun, 12 Feb 2017 22:35:41 +0000

Thanks, Dave.

Ira

By: Cornhead

Cornhead — Sun, 12 Feb 2017 19:35:57 +0000

Ira

And from I understand CAFC rarely overturns the PTAB and has been on a tear with Rule 36 orders (no written decisions). A complete mess.