9th Circuit Cowboy: The Long, Good Fight Of Jud... !!BETTER!!
Supreme Court fight could fast-track lower court noms [Print Subhead: While Republicans block Garland, lawmakers will still want to advance other judges to save face] (Examiner, 03/21/16)"The pressure should be on to move non-controversial nominees ... to show they can get something done," said Glenn Sugameli, who runs a nonpartisan judicial nominations project called Judging the Environment.Sugameli referred to the "Thurmond rule," named after the late Sen. Strom Thurmond, R-S.C. It means that if the same party does not control the presidency and the Senate, movement on judicial nominees will slow and ultimately cease in a president's final year.But the rule was never meant to apply to "consensus nominees," Sugameli said, noting most of the pending district and circuit court candidates were vetted by Republicans and Democrats and have the blessing of their home-state senators, many of whom are Republicans.Sugameli said the Senate routinely confirmed consensus lower-court nominees well into September, and sometimes even in lame-duck sessions, because the process of getting candidates to the floor is so lengthy and so many jurisdictions are "judicial emergencies" as defined by the federal judiciary."What is the point" of blocking nominees who have the backing of their home-state senators, Sugameli asked.
9th Circuit Cowboy: The Long, Good Fight of Jud...
D.C. Circuit -- at heart of nomination battle -- has handed major victories to EPA (Greenwire, 08/26/13)Glenn Sugameli, who tracks the D.C. Circuit for Defenders of Wildlife, said EPA should do well at the D.C. Circuit because of the Supreme Court's ruling in 1984's Chevron v. Natural Resources Defense Council. The ruling said that as long as EPA interpreted the law reasonably in crafting regulations, courts should defer to the agency.But opinions like Kavanaugh's in the CSAPR case, Sugameli said, can have an outsized impact. "The major issue is, even if you have a series of pretty good or decent opinions, one really bad opinion can be so bad on the facts or so bad on the law that you're inviting a series of challenges," Sugameli said. Environmentalists argue that Obama must fill the vacancies on the circuit so rulings like the CSAPR decision are reviewed by the circuit en banc, meaning before all of the circuit's judges. After a decision, the losing party may petition for an en banc review. It takes the votes of a majority of active judges on the circuit to grant such a request. Sugameli and other environmentalists contend that if the court had been more balanced at the time, the CSAPR decision would have earned en banc review because of Rogers' forceful dissent. "You don't have enough judges to have the mass that's required to rein in very extreme opinions," Sugameli said.
Spat between California and Idaho politicians could endanger 9th Circuit nominee: Senators from the two states call dibs on Stephen Trott's former circuit seat (Daily Journal [CA] , 08/05/13)John Roemer: "Glenn Sugameli, a veteran Washington, D.C. attorney who is an authority on judicial selections, said, "This dispute needs to be resolved, and quickly, for the good of our judicial system and for the litigants who come before the 9th Circuit. The idea that a seat changes states when a judge moves would be rejected by any senator from the original home state, and based on history, population or caseload the Trott seat should be based in California." He noted that Smith occupies Idaho's original seat, fulfilling a statute that guarantees every state at least one circuit judge."
GOP 'Agenda" on environment suits cited to fight 9th circuit bills (Inside EPA, 10/28/05)Article quotes Earthjustice's letter of opposition to the efforts by some Republicans to split the 9th Circuit Court of Appeals. 041b061a72