The judicial branch really has the power of neither, it only has the power of persuasion, but the judicial branch has become a legislative body.
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And the judicial branch -- sorry, over the Department of Justice.
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Macri has denied having any involvement in the judicial branch.
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Also, the president does have constitutional authority over the judicial branch.
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We further diffuse power out to America's unusually powerful judicial branch.
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The judge will be paid by the New Hampshire Judicial Branch.
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The figure does not include pay freezes in the judicial branch.
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Trump was defiant, launching a verbal attack on the judicial branch.
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But the judicial branch has become one of our most corruptible.
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No one wanted the judicial branch to be tainted by partisanship.
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It is part of the Justice Department, not the judicial branch.
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The judicial branch, of all places, must be protected from this temptation.
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Moreover, these judges are not part of the judicial branch of government.
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Immigration judges are DOJ employees, rather than members of the judicial branch.
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Civil servants in the judicial branch are enjoying a 28 percent raise.
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The Supreme Court and the entire judicial branch is exactly what you said.
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Further, the judicial branch has absolutely no legislative or policy decision-making authority.
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It was unclear Sunday night whether the judicial branch page was similarly relocated.
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Roux offered a constitutional reform to strengthen the independence of the judicial branch.
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The frenzied demand for a viral chicken sandwich has reached the judicial branch.
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A couple follow-up notes from yesterday's column about Facebook's forthcoming judicial branch.
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The Judicial Branch is the least political of our three branches of government.
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Civil servants in the judicial branch, not judges, received a 41 percent raise.
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This isn't just an act of solidarity among members of the judicial branch.
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According to the community's constitution, the government has an executive, legislative, and judicial branch.
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Unlike federal courts, immigration courts fall under the executive branch, not the judicial branch.
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"These concerns warrant serious attention from all quarters of the judicial branch," he added.
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"The judicial branch will be an important check in the next few years," she said.
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They do not have a judicial branch inside their campuses weighing past judgements for consistency.
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The website's judicial branch page, however, has been gone since Trump took office last Friday.
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Otis declined to comment for this article, citing standard practices for pending judicial-branch nominees.
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Unlike other courts, however, immigration courts fall under the executive branch, not the judicial branch.
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An average of more than three-quarters thought the judicial branch effectively checked executive power.
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It certainly obliterates a well-established political norm that makes a functioning judicial branch possible.
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Trump has seen firsthand the effect the judicial branch can have on a president's policies.
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We very rarely get such uniform and swift action by the judicial branch for anything.
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Their effort to reshape the judicial branch with young conservatives is perhaps their longest-lasting legacy.
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A pair of new Senate bills would make such action difficult by involving the judicial branch.
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"oh no, not court" —judges are u.. are u gonna sue the judicial branch https://t.
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It was not the first time Judge Smith had defended the independence of the judicial branch.
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Consider the monumental public policy disaster that results when the president mocks the coequal judicial branch.
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The vote allows the tribe's judicial branch to issue marriage licenses to gay and lesbian couples.
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The CLOUD Act also sidelines the judicial branch when it comes to responding to individual requests.
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The Harvard-Harris study also found that the public believes the judicial branch has become politicized.
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Unlike other judges, immigration judges are under the Justice Department as opposed to the judicial branch.
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Far more curiously, however, the page that explains how the judicial branch works is now also gone.
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The judicial branch is unique in that Supreme Court justices are appointed for life or until retirement.
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We expect the judicial branch of government and particularly its highest court to remain above partisan politics.
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The grand jury, as an arm of the judicial branch, could not be fired by the president.
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Also, fewer thought the judicial branch was sufficiently independent, though more than half still said it was.
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The Connecticut Judicial Branch will merge its district operations into a new court complex in nearby Torrington.
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Immigration courts aren't part of the judicial branch; they're under the authority of the Department of Justice.
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But the short-term victory comes at a price: it further escalates the war over the judicial branch.
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The judicial branch consists of a supreme court appointed by the executive branch and confirmed by the legislative.
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And by seeking protection from the judicial branch, the executive branch believes it also buys time, McConnell hinted.
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When the founders established our system of self-government, they didn't expend much effort on the judicial branch.
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"The judicial branch typically doesn't fix social problems, which is why I'm somewhat uncomfortable doing this," he said.
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So, no consequences for bad behavior in the White House can flow from the judicial branch of government.
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Impeachment is not a legal controversy conducted by the judicial branch, which our system intentionally insulates from politics.
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" Dick Durbin, D-Illinois, said it was part of a "Republican strategy to capture our judicial branch of government.
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Does he not understand that using the judicial branch to go after your political opponents is against the law?
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But Ginsburg, the court's most senior liberal justice, said the idea contradicts the premise of an independent judicial branch.
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If he pulls Gorsuch's nomination, he'll look petty and appear to be undermining the independence of the judicial branch.
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A page detailing the role of the judicial branch could be found on the website during President Obama's tenure.
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"This bill clarifies that the Judicial Branch, not unelected bureaucrats, should settle any disputes on Congressional intent," Ratcliffe said.
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These actions are an egregious attack on the separation of powers and the very legitimacy of the judicial branch.
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The opinion's leitmotif is the power and duty of the judicial branch to review decisions by the executive branch.
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Our hope of seeing Brazil rejuvenated remains in the hands of the press, the judicial branch and the people.
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Trump's comments about the judicial branch have prompted concerns that his administration will not respect its checks on its power.
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"Your nomination is part of a Republican strategy to capture our judicial branch of government," Senator Dick Durbin told Gorsuch.
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In California courts, a "permanent" restraining order typically only last for 5 years, according to the Judicial Branch of California.
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Because the grand jury is part of the judicial branch, and the president doesn't have direct authority over this branch.
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The way the current confirmation proceedings are playing out has already drawn criticism from some members of the judicial branch.
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It is time for Congress to stop sitting back while the judicial branch struggles with the merits of executive action.
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"When the founders established our system of self-government, they didn't expend much effort on the judicial branch," he wrote.
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It would be tantamount to the elected branches of government doing something, and daring the judicial branch to stop them.
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Duterte's spokesman last week said the guilty verdict was proof that the executive does not interfere with the judicial branch.
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This is more scrutiny than executive branch policies usually come under from the judicial branch — especially where immigration is concerned.
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He has argued, appropriately, that the judicial branch is the ultimate arbiter of conflicts between the legislative and executive branches.
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The rush to change the makeup of the judicial branch in Trump's first year has come with its own problems.
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The interview focused entirely on the Trump administration's approach to the judicial branch, a popular subject with the CPAC crowd.
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But given the choice between defending the judicial branch and following existing tradition, the Supreme Court chose the latter on Monday.
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By nominating Gorsuch, President Donald Trump is giving himself decades of influence on the judicial branch, according to a CNBC analysis.
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Leading up to the visit, there was a question about tension in the room given Trump's rhetoric against the judicial branch.
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This imbalance means the judicial branch inexorably drifts right, toward a constrained view of the Constitution and a limited federal government.
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The two senators wrote Duff earlier in the month to express concern that sexual misconduct was widespread in the judicial branch.
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That means touting its accomplishments, not panning it for the backlog of executive and judicial branch nominations or stalemate on immigration.
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Although Presidents have traditionally avoided expressing opinions about legal matters pending before the judicial branch, Trump has bluntly criticized the plan.
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The difference between the bills is when the judicial branch would get involved in the process of firing the special counsel.
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The case asks the judicial branch to help determine the remedy to ensure the plaintiff's rights are no longer being violated.
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It is not the first time that the president has lashed out at the judicial branch for standing in his way.
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But what I would like to do, briefly, is emphasize how the judicial branch is -- how it must be -- very different.
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"It bleeds out of the judicial branch power to interpret the law, transfusing that power into the executive branch," he said.
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To prevent that cloud from extending to the judicial branch as well, all consideration of this president's judicial nominees should cease.
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The conviction is the latest salvo by Brazil's judicial branch, which has declared war on the country's entrenched culture of corruption.
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Aside from the judicial branch chief, the minister of justice and the head of an important commission for judges have also resigned.
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But what I would like to do, briefly, is emphasize how the judicial branch is -- and how it must be -- very different.
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Jeff Merkley, who led the charge to weaken the filibuster, freeing up scores of President Barack Obama's executive and judicial branch nominees.
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He added that Ecuador was no longer a fully functioning democracy and insisted the government had full control over the judicial branch.
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That means the executive branch is actively trying to squash the legislative branch and the judicial branch might not even weigh in.
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But confrontation soon will escalate to crisis if the legislative or judicial branch abdicates its duty fully to check unwarranted executive behavior.
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Larsen has some experience in the judicial branch: She was a clerk for Antonin Scalia himself before going to the executive branch.
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A member of the executive branch, he excused a former sheriff's contempt for the judicial branch by effectively nullifying a judge's ruling.
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As she puts it, "The victim tends to become the villain," even when the balance of the judicial branch isn't at stake.
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The judicial branch earned the most trust among respondents, with 68 percent saying they have at least a "fair amount" of trust.
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"When that starts happening, it's like the politicalization of the judicial branch," said Mark Hertling, a retired three-star Army lieutenant general.
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On the other hand, the judicial branch tends to extend the executive branch a lot of deference when foreign policy is involved.
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One of the top teams in this year's hackathon included officials from the Judicial Yuan, the judicial branch of the Taiwanese government.
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Krystal Lee Kenney was ordered Tuesday to spend three years in prison, said Jon Sarche, a spokesman with the Colorado Judicial Branch.
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And the judicial branch is busy sorting out investigations and pleadings encircling Trump's associates and tied to Mueller's nearly year-long labors.
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It is unprecedented in our democratic system for the executive branch of government to exercise so much control over the Judicial branch.
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A ruling by the court, the primary judicial branch of the United Nations, is expected by the beginning of 2018, Gonzalez said.
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The institutions -- the judicial branch, the Congress -- may fight him, but he has no allegiance to them, or to history or precedent.
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But even so, in 1996, the UN's judicial branch ruled that it's not illegal to use nukes to ward off an existential threat.
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Since then, PiS has been systematically taking over the country's judicial branch by packing the courts with loyalist judges and threatening judicial independence.
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" There can be public outrage, he said, but "you don't want people recalled because they don't support your way on the judicial branch.
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But given the opposition's indecisiveness and the fact that Maduro still controls the judicial branch, it might all be too little too late.
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The suit amounts to Trump, the leader of the executive branch, asking the judicial branch to stop the legislative branch from investigating him.
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By its simplest definition, the legislative branch makes the laws, the executive branch enforces the laws and the judicial branch interprets the laws.
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Social media erupted Sunday night when users noticed that an index titled "Our Government" did not include an entry for the judicial branch.
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He took aim at the judicial branch, launching attacks against a Mexican-American federal judge presiding over a fraud case against Trump University.
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"We are going to formally present a complaint to the attorney general's office and the judicial branch in this case," Lopez Obrador said.
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Because immigration courts are housed under the Justice Department, not the judicial branch of government, he has the authority to overturn their decisions.
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Warren's allegations come after Chief Justice John Roberts launched an evaluation in 2017 of how the judicial branch handles allegations of sexual harassment.
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And it is a major break from the way modern presidents have related to and dissented from the opinions of the judicial branch.
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Should the judicial branch be blocked from performing its role as a check on the executive, it would lead to a constitutional crisis.
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The proposed amendment is to Rule 41 of the federal rules of criminal procedure, a text governing the judicial branch that is regularly updated.
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Now the party essentially wants to reform the judicial branch in favor of PiS in order to ensure complete control of the federal government.
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Trump's attacks on the judicial branch—and his seeming ignorance of the separation of powers—have already colored Gorsuch's nomination to the Supreme Court.
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The government has argued that the parties are trying to get the judicial branch to direct climate policy, which isn't within that branch's purview.
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It underscored this somewhat bipartisan notion in all of this, the idea that the judicial branch needed to remain above the fray of politics.
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Justice Department attorneys argued in their new submission that the coming Senate trial is yet another reason for the judicial branch to stand aside.
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That's a stunning oversight, as a judicial branch increasingly stacked with President Trump's judges and justices has the power to sabotage an entire presidency.
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With the nation's environmental laws under all-out attack by the Trump administration, victories in the judicial branch can get us only so far.
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Hours later, Kelly posted a $2,500 bond and was released from jail, according to a tweet from Rob McCallum, spokesman for the Colorado Judicial Branch.
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To secure support of the judicial branch that thus far had been reluctant to cooperate, the president successfully renewed the Supreme Court, backing progressive nominees.
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"When people can't get change made through other processes—dealing directly, a political process—the other branch of government is the judicial branch," Patton says.
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So far during the Trump era, the Senate has been forced to take 106 of these unnecessary cloture votes on executive and judicial branch nominations.
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"The judicial branch has no power to eviscerate the lawful directives of Congress—nor to enjoin the executive branch from enforcing such mandates," Sessions said.
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But the judicial branch will generally defer to the executive branch on matters involving national security, unless there is a clear violation of the Constitution.
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And going forward, legal experts say, the judicial branch could become a primary counterweight, if not the primary counterweight, to Trump and his proposed policies.
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Why it matters: The judge's ruling is the latest in a string of backlash from the judicial branch in response to the Trump administration's policies.
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Now fast forward almost a decade to January 2019, when Democrats objected to waiving Rule 85033 for 209 executive branch and 76 judicial branch nominees.
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As he did with his support for the Affordable Care Act, he will respect the right of Congress, not the judicial branch, to make laws.
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Already, suits and countersuits are being filed, setting up the judicial branch to define the parameters of the relationship between its legislative and executive counterparts.
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He called for the resignation of the country's top prosecutor, which happened shortly thereafter, and he proposed a series of reforms to the judicial branch.
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House of Representatives Speaker Nancy Pelosi said Trump's comments on the Stone case amounted to interference in the workings of the U.S. government's judicial branch.
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Of the three branches of the federal government, only one is explicitly insulated from the dictates of democratic representation and political accountability: the judicial branch.
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We have a separation of powers for a reason, and to disregard the judicial branch is a serious breach of the law and of the constitution.
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Sessions became the top ranking Republican on the very Judiciary panel that blocked him from a lifetime appointment in the judicial branch all those years ago.
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On the judicial branch side, this year alone, 10 judicial nominees who had to go through cloture votes were ultimately confirmed with no opposition at all .
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But lawmakers and legal experts say that Democrats' best chance of success lies with the judicial branch, although it will take time to win in court.
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The lawyers' protest was echoed by the judicial branch, federal judges overrode Trump's ban, and our president is at war with an entire branch of government.
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In December 2009, Republicans objected to waiving Rule 31 for a total of eight nominations, six to executive branch positions and two to judicial branch positions.
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With the confirmation of Brett Kavanaugh to the Supreme Court, Republicans have succeeded in a decades-long effort to capture total control of the judicial branch.
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If the executive branch blocks the judicial branch from enforcing its orders, that could perhaps lead to the type of constitutional crisis Ms. Berman warned of.
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Trump's second year in office is being shaped more by his use of his executive powers and the decisions of the judicial branch than by Congress.
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"It has to be for cause and the judicial branch should have a say in whether there is legitimate cause or not," Booker said on Tuesday.
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After all, they speak for the people and that commands a certain degree of humility from those of us in the judicial branch who do not.
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Checking the judicial branch One of the Supreme Court's advantage is judicial review, the power to make a final decision on the constitutionality of congressional laws.
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And with key Supreme Court nominations at stake, the party has a good chance of changing the balance of power of the judicial branch as well.
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Supreme Court justices often host guests for arguments, and there is a gallery in the courtroom where visitors are able to observe the judicial branch in action.
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As Post says, the only way the judicial branch can "coerce" anybody to do anything is for the executive branch to support its interpretation of the laws.
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To begin, the chief justice seems to be concerned with his legacy and the broader implications of a partisan court undermining the legitimacy of the judicial branch.
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The page for the Judicial Branch of the government reappeared on the White House website Monday after social media users noticed it was missing over the weekend.
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Now that the executive branch has succeeded where the legislative branch has failed, it is time for the judicial branch to weigh in once and for all.
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The judicial branch was something of an afterthought for them, because they believed that in a democracy the elected branches would be responsible for governing the country.
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The AO, an agency within the judicial branch that supports federal courts, said it has employed various various tactics to conserve funds and sustain its paid operations.
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Even if the Trump administration's short-term legislative prospects look thin, it could be laying the foundation for long-term Republican political dominance through the judicial branch.
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"The Government of Palestine takes seriously its commitment to respond to all claims of jurisdiction over it in legal proceedings in the U.S. Judicial Branch," Hamdallah wrote.
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And organize she did: She marched outside the court, wrote letters and lobbied legislators, civic organizations, women's groups and conservative coalitions to protest an "activist" judicial branch.
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As Brookhiser's compact and balanced account makes clear, Marshall famously transformed the judicial branch into one fully equal to the president and Congress in stature and legitimacy.
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Because immigration courts are housed under the Justice Department, not the judicial branch, the attorney general has the authority to refer cases to himself and overturn decisions.
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Panama's foreign secretary, Isabel de Saint Malo, told the AP on Monday that Panama's executive branch does not have the power to interfere with the judicial branch.
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He said liberals should focus on encouraging their constituencies to make the judicial branch an election-issue priority as conservative Republicans and evangelical voters have for decades.
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"These are all individuals who have already served the country in the judicial branch with distinction," Earnest said of those judges, without confirming whether they're being considered.
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"Politicization of the justice system could completely undermine its foundations as an independent system and damage the public trust in the judicial branch," she said in October.
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It represents a flex of muscle from the judicial branch, which has largely been used for delays as the House and White House clash over the probe.
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"Had we been consulted," Nadler wrote, "I would have advised the chairman that the committee does not ordinarily demand information from the judicial branch in this manner."
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But that's the story of the federal government over the past decade or so: The executive branch makes policy, and the judicial branch decides whether to uphold it.
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Man, it's almost as if the judicial branch was designed to be slow so that a deliberative body could be a rationally minded check on the executive's powers.
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James Duff, director of the Administrative Office of U.S. Courts, was directed by Roberts to direct a working group charged with examining the issues within the judicial branch.
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" The court said it was acting to "protect the people's property rights, and preserve the legitimacy of the judicial branch as the expositor-not creator-of fundamental law.
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Even the judicial branch stands with eight justices right now, and the possibility of a tie or cases that will be tabled until a full court is seated.
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White House press secretary Sean Spicer said that President Trump unequivocally "respects" the judicial branch ahead of Tuesday evening's arguments about his immigration ban before an appeals court.
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The secular Ms. Shaked, who set about curbing the judicial branch and engineering a rightward shift in the Supreme Court's makeup, may have overtaken Mr. Bennett in popularity.
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In the nature of things, when a president and Congress disagree, then it is the judicial branch, headed by the Supreme Court, that ultimately decides on the matter.
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Unlike other federal judges, who fall under the judicial branch, immigration judges are overseen by the Executive Office for Immigration Review, which is under the Department of Justice.
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Richard Blumenthal that he found Trump's attacks on the judicial branch "disheartening" and "demoralizing," the president was furious — one aide called his reaction an "explosion," according to the Post.
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"If you allow them to sue, you move the entire political process into Article III," Burnham said, referring to the section of the Constitution that established the judicial branch.
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That independence is, of course, central to the separation of powers, which defines American government, and to the legitimacy of the judicial branch in the eyes of the public.
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Vice President Mike Pence defended Trump earlier on Sunday, even as some Republicans encouraged the businessman-turned-politician to tone down his broadsides against the judicial branch of government.
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"The right of public access is a fundamental element of the rule of law, important to maintaining the integrity and legitimacy of an independent judicial branch," the opinion said.
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An important principle of effective governance is that all parts of the federal government, whether found in the legislative, executive, or judicial branch, should be subject to proper oversight.
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Since then, we have had another year to observe the Trump administration's downward spiral into cruelty and incoherence, an approach to governing that has not spared the judicial branch.
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Right now, there are 21 judicial vacancies on Circuit Courts, with only six nominations pending — giving President Trump the opportunity to shape the judicial branch for years to come.
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"Her appointment to the position elevates her to the third highest position in the Judicial Branch, after the Chief Justice and Deputy Chief Justice of the Republic," Zuma said.
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But it is impossible to argue that his judicial rebuke, which looks quaint in retrospect, comes anywhere close to the venom Donald Trump is spewing at the judicial branch.
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Arguably, it transfers some power from the judicial branch to the administrative state, privileging its interpretations of the law, whether they involve alcohol containers or New York's water supply.
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"I don't think that the executive branch has a position to take while this issue is in process in the judicial branch," Vice President Isabel Saint Malo told reporters.
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With the Supreme Court (the judicial branch), the president (the executive branch) gets to nominate justices while the Senate (the legislative branch) has the power to confirm those nominations.
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Warren connected Trump's attacks on Curiel to Republican obstructionism against the judicial branch going back years, citing their unwillingness to confirm appointees like District of Maryland nominee Paula Xinis.
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In April he said there is a "real danger" that the public will misconstrue "partisan hostility" surrounding Congress and the White House as influencing "nonpartisan activity of the judicial branch".
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In our system, the legislative branch is empowered to enact and amend laws, and the judicial branch has long had the authority to review and strike down acts of Congress.
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This planetary dust-up could amplify 2017's intense political rifts, with Mars and Uranus repping the Executive branch and Jupiter in Libra courting the Judicial branch and the protestors.
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Because immigration courts aren't independent (they're part of the executive branch rather than the judicial branch), the attorney general can review cases and even issue new, binding precedents on them.
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"We are dismayed that the Committees have chosen not to join us in seeking resolution from the Judicial Branch of this momentous Constitutional question as expeditiously as possible," Cooper wrote.
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The fight is nearly certain to go to court Like most high-profile regulatory matters, the ultimate arbiter of the Clean Water Rule is likely to be the judicial branch.
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Supreme Court Chief Justice John Roberts has praised the country's district court judges as "selfless, patriotic, and brave individuals" in his annual report on the state of the judicial branch.
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" December 230: Roberts says that recent events "have illuminated the depth of the problem of sexual harassment in the workplace" and made clear that the "judicial branch is not immune.
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Attacks on individual judges based on a single ruling or upon the geographic location of their court or the president who appointed them are broadsides against the entire judicial branch.
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Their rampant use, the scholars say, has transformed the relationship among the three branches of government, encouraged litigation for the sake of achieving those injunctions and politicized the judicial branch.
|
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"Venezuela's judicial Branch will continue to guarantee citizens' access to justice, due process and respect for human rights," the Supreme Court president, Maikel Moreno, said in a post on Twitter.
|
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On the security front, exceptional measures — particularly searches and seizures and house arrests — will now essentially be decided by Mr. Macron's Interior Ministry, with little review from the judicial branch.
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This violation was denounced as far back as 20153 in a manifesto signed by 1,400 judges, which warned of an excessive politicization and loss of independence in Spain's judicial branch.
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Bush later appointed Horowitz to a six-year term as a commissioner of the U.S. Sentencing Commission, an agency within the judicial branch that writes sentencing guidelines for federal courts.
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Chief Justice Roberts, in his role as the chief administrator of the judicial branch, selects which serving federal judges will sit for staggered, seven-year terms on the surveillance court.
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If the plaintiffs can get a judge to agree that it's proper for the judicial branch to ask questions about the waiver process, they'll already have something of a win.
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Other evangelicals mention the appointment of Neil Gorsuch to the Supreme Court as evidence that what they perceive as a long assault on them from the judicial branch is now over.
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His comments were an early sign that the judicial branch could seek to side with the legislative branch as it faces multiple demands to referee Congress's showdown with the White House.
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"The supermajority was used as a tool to assault the executive branch and judicial branch and that was the only cure available was to make it a simple majority," recalled Merkley.
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Washington (CNN)The judicial branch just delivered a sharp jab to the chin of President Donald Trump, in a foreboding omen for his strategy for thwarting investigations that threaten his presidency.
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Mr. Sessions's carrying out of his immigration agenda has reignited a long-running debate about the independence of immigration judges, who are part of the Justice Department, not the judicial branch.
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After Guantánamo's image became toxic worldwide, and the Supreme Court ruled that the judicial branch could hear habeas corpus lawsuits by the detainees, Mr. Bush began trying to close the prison.
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New state law sets a high bar Under New Mexico's new bail rules, pretrial detentions are determined by evidence of risk -- not ability to pay -- according to state judicial branch officials.
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Trump has shown a basic disregard for the Constitution, the rule of law, the separation of powers, Congress' oversight authority, the respect owed to the judicial branch, and on and on.
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|
Senate Republicans and the White House remain frustrated with the pace of executive and judicial branch confirmations and would like to accelerate the process by slashing debate time for many nominees.
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|
The article one branch of government the legislator than I am to try to get them to do, to obey the judicial branch, and I'm so caught up in that negotiation.
|
|
The Democratic senator — alleging a violation of separation of powers — is suing the executive branch in an attempt to get the judicial branch to stop a vote of the legislative branch.
|
|
"Under our system of Government, Constitutional disputes between the Legislative and Executive Branches should be adjudicated by the Judicial Branch, not by private citizens like Dr. Kupperman," Cooper wrote in a statement.
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This is not just anyone, this is a member of the U.S. Supreme Court, one of the highest officials in the judicial branch, therefore one of the highest officials in our government.
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Senate Republicans' obstructionist tactics are clearly contrary to this goal — bringing the same zero-sum wrangling and partisan gridlock to the judicial branch that has left so many Americans frustrated with Congress.
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There has been no real outcry from Congress, no moves by the judicial branch to curb the president's power or declare his actions unconstitutional, and no massive, nationwide demonstrations by concerned Americans.
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In school, students are taught about the three branches of the federal government: The legislative branch makes the laws; the executive branch enforces the laws; and the judicial branch interprets the laws.
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The decision, which was split 2-1, highlights how the judicial branch typically stays away from interfering with other government branches' activities but in this case asserted control over grand jury material.
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And I believe we're dealing with issues right now that are bigger than the nominee and how we ensure fairness and how our legislative and judicial branch can continue to be respected.
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And Sessions had the power to change the policy because immigration courts fall under the purview of the Department of Justice, unlike with criminal courts, which are part of the judicial branch.
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A dust-up Roberts had in 2018 with Trump over his rhetoric toward the judicial branch might have led the chief justice to conclude he was obliged to publicly take on Schumer.
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On Wednesday, as part of a decision involving the executive branch's authority over oil ventures, the court declared that henceforth the judicial branch would execute all powers normally reserved for the legislature.
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While it is not unusual for a president to disagree with a ruling from the Judicial Branch, Trump is using his Twitter account to call out individual judges while cases are being heard.
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In 2013, Senate Democrats, frustrated by Republicans blocking Obama's choices for federal judges, used their majority status at the time to eliminate "filibusters" against executive and judicial branch nominations, except the Supreme Court.
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Republicans in Congress have shown a shameful lack of spine when it comes to oversight of the president and vetting of his cabinet, but the judicial branch is actually standing up to him.
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In a statement issued early on Saturday, the Federal Electoral Tribunal of the Judicial Branch said its magistrates had ruled the INE probe was not exhaustive or consistent enough to uphold the fine.
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Emily Hi, Emily, Until now, no party in American history has sought to make fundamental changes in the basic conventions of appointment to the judicial branch without the authority of an electoral mandate.
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"If President Trump's shockingly sudden firing of FBI Director James Comey had violated some statute or constitutional provision, our judicial branch could easily have remedied that misstep," the three wrote in the piece.
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The administration had unsuccessfully attempted to delay it in July, arguing that the case could result in the judicial branch directing climate policy, which is outside of the established power of the branch.
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The Supreme Court on Wednesday appeared receptive to the argument that Congress infringed on the judicial branch by passing a law that mandates payouts from a $85033 billion judgment against Iran's central bank.
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Even more surprisingly, the two employees are still facing charges in Dallas County, despite having a clear contract outlining that they were hired by the state's judicial branch to break into the building.
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Why it matters: This is a classic reflection of the growing rift between the Trump administration and immigration judges, who, unlike those under the judicial branch, have little protections to their judicial independence.
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The judicial branch challenges show no signs of abating, and advocates for Trump's policies argue opponents embrace a strategy of delay and deny to buck anything the president backs on immigration (The Hill).
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"Despite the millions of dollars spent by political activist organizations, the court issued a decision in our favor, determining that redistricting is the role of state legislatures, not the judicial branch," he said.
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A jury in Teller County, Colorado, found Patrick Frazee guilty of first-degree murder for the killing of Kelsey Berreth, Rob McCallum, a spokesman for the state judicial branch, said in a statement.
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"The courthouse has served the community and the state well for many years," said Melissa A. Farley, executive director of the external affairs division of the state's Judicial Branch, which oversees the courts.
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In an era when potential executive branch conflicts are drawing intense scrutiny, those justices might consider setting a different tone for the judicial branch by selling their stocks and buying, say, index funds.
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This would take immigration adjudications out of the executive Branch where they are subject to political influence, and put them in the judicial branch where they would be handled by federal court judges.
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U.S. Senator Ben Cardin, who is the top Democrat on the Senate Foreign Relations Committee and opposes the ban, said on CNN the tweets showed the Republican president's disdain for the judicial branch.
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"The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch," wrote Judge Kim Wardlaw.
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Kavanaugh's speech also arrived in a time of unprecedented political divides among Americans, even when it comes to the judicial branch (whose independence Kavanaugh emphasized over and over again in his initial confirmation hearings).
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Instead, it is the extreme steps taken to undercut Congress' constitutional power over spending and the response thus far by the judicial branch, which has run for cover in a manner that strains credibility.
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One problem with democracy is the propensity of the majority to scapegoat and discriminate against the minority, which is part of the reason the judicial branch exists -- to make sure rights are enjoyed equally.
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Assuming an injured plaintiff with standing to sue could be identified, a lawsuit would be filed, invoking the judicial branch to force the president to step down and cede power to the president-elect.
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The Constitution explicitly introduces a judicial element into the trial of an impeached president: The trial must be presided over by the chief justice of the United States, the head of the judicial branch.
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That probably sounded better as Ted Kennedy's tirade against Robert Bork in 22019 — the failed nomination which eventually produced Justice Kennedy — but, regardless, it betrays a simplistic and demagogic view of our judicial branch.
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A divided Congress may be hopelessly tangled in itself like an ouroboros made of old white guys in suits, but a unified Congress is still weaker than either the president or the judicial branch.
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Incapable of negotiating with Catalans, it delegated the matter to the judicial branch, which issued an order forbidding the referendum, an order that ultimately led to the police's use of excessive force against voters.
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It is a case that could test whether the judicial branch has major role to play in dealing with global warming, and whether there is a constitutional right to a stable and safe climate.
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He argued that the judicial branch has become more powerful as it has become more willing to review executive action and as judges have become more willing to use nationwide injunctions to override lawmakers.
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"I believe we're dealing with issues right now that are bigger than the nominee and how we ensure fairness and how our legislative and judicial branch can continue to be respected," Ms. Murkowski said.
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Senator Mitch McConnell of Kentucky, the majority leader, has focused on confirming conservative judges as part of the Republican Party's efforts to reshape the judicial branch while allowing some executive-branch nominations to languish.
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Ministers, advisers, senators, representatives and even members of the judicial branch collaborate with private interests to make decisions about public investments and push for the approval of bills that disproportionately benefit those in power.
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Unlike Khanna&aposs legislation, these other resolutions do not focus on cutting off funding but are more geared toward the legal authority to take military actions, which could face hurdles in the judicial branch.
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"For my whole 30 years serving in the judicial branch, I have always tried to serve with integrity and honesty and fairness," Workman told The Associated Press, saying she was "gratified" by the decision.
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A judge decided Thursday that the 1-year-daughter of Berreth and Frazee will continue to live with her missing mother's parents for now, according to Rob McCallum, spokesman with the Colorado Judicial Branch.
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In a statement issued by the Iowa Judicial Branch on Wednesday, the state court administration confirmed it hired the two men to check the security of court's electronic records and apologized for the clusterfuck.
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It's horrible to send the message to the world that party politics matter in the U.S. more than a lifetime judgeship, multiple women's sexual assault experiences, and more than the integrity of the judicial branch.
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Rather than a double standard "based on who is in the majority," Democrats should follow their own advice, stop playing politics with the judicial branch, and hold confirmation votes on the nominees before the Senate.
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So the issue of whether President Trump's conduct could give rise to a charge of obstruction of justice is a legal question, but one that is important for our political branch, not our judicial branch.
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It is the capstone of a decades long project to fundamentally change the judicial branch of the government in ways that can open heretofore locked doors on abortion, affirmative action, gun rights and religious freedom.
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McConnell, who later used the nuclear option to make it easier to confirm Supreme Court nominees, is now considering using it to speed debate of all but the most senior executive and judicial branch appointees.
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Cripple Creek, Colorado (CNN)Patrick Frazee's 1-year-old daughter will continue to live with her missing mother's parents for now, a judge decided Thursday, according to Rob McCallum, spokesman with the Colorado Judicial Branch.
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This is not about rejecting the administrative state — it's about ensuring the judicial branch plays the role it was meant to play under Article III of the Constitution and fully formed in Marbury v. Madison.
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Both Justice Kennedy and Justice Scalia were appointed by a president who understood that the best defense of our liberty and a judicial branch immune from political prejudice were judges that apply the Constitution as written.
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Its members have a majority in at least two branches of federal government (it's hard to measure partisanship in the judicial branch), and the party controls 68 of 99 state legislatures and 33 of 50 governorships.
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Second, the judicial branch bears some responsibility for tipping the scales in Trump's favor when the Supreme Court in 1983 struck down the past practice of Congress using legislative vetoes as a check on executive agencies.
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But if the speculation is correct, another preposterous development in the era of 45 will have occurred and Trump, aided by his White House lawyers, will have put one over on the supposedly independent judicial branch.
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Both Justice Kennedy and Justice Scalia were appointed by a president who understood that the best defense of our liberty — and a judicial branch immune from political prejudice — were judges that apply the Constitution as written.
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"I believe we're dealing with issues right now that are bigger than the nominee and how we ensure fairness and how our legislative and judicial branch can continue to be respected," she told reporters on Friday.
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"I do not believe he has the experience nor temperament to be the C.E.O. of the judicial branch," Dr. Petit, who was elected to the Legislature as a Republican in 2016, said on the House floor.
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Oil States appealed its administrative loss to the United States Court of Appeals for the Federal Circuit, which is part of the judicial branch, arguing that its constitutional rights had been violated by the tribunal procedure.
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"Part of the reason the president got elected is because he speaks his mind," Sean Spicer, the White House press secretary, said last week, questioned about Mr. Trump's harsh words about members of the judicial branch.
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And I believe we are dealing with issues right now that are bigger than a nominee, and how we ensure that our institutions, not only the legislative branch but our judicial branch, continue to be respected.
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" Judge Rogers said that the files remained legally subject to the control of the judicial branch, writing: "Grand jury records do not become executive branch documents simply because they are housed with the Department of Justice.
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Before they lost their majority control of the Senate at mid-term elections in 2014, Democrats also took steps to speed up most executive and judicial branch nominations by limiting the influence of the minority party.
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Newly minted Justice Gorsuch has made it clear he thinks Chevron deference — which has been key to decisions on everything from net neutrality to immigration — could be unconstitutional and takes power away from the judicial branch.
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Total executive branch federal employment -- not including uniformed military personnel and legislative and judicial branch personnel -- has dropped dramatically since the high point in the late 1980s and early 1990s when it averaged about 3 million employees.
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" On Monday, Panama's vice president and foreign secretary, Isabel Saint Malo, said her office was copied on the letter, which she described as urging the executive branch "to interfere in an issue clearly of the judicial branch.
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Surely the Supreme Court and the American judicial branch writ large are in similar danger of a drastic shift in ideology, of empowering corporations and the 1 percent while depriving our most vulnerable citizens of their rights.
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" Sanders blasted Senate Democrats, saying the "entire process has been a disgrace" and claiming the party has "undermined our entire judicial branch" with a "coordinated smear campaign" intended as a "full-scale assault on Judge Kavanaugh's integrity.
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House Intelligence Chairman Adam Schiff said the evidence against Trump was "overwhelming and uncontested," and argued Democrats cannot wait for the judicial branch to rule on the witnesses and documents the Trump administration is blocking from Congress.
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Washington (CNN)Republicans continued their push to solidify a conservative hold on the nation's judicial branch by holding a sparsely attended Senate hearing on Wednesday that all Democrats -- and even a few GOP members -- chose to skip.
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But President Trump's public contempt for the judicial branch and his denigration of specific judges who hand down rulings unfavorable to him seem to be breaking new ground in the relationship between the executive and judicial branches.
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Here are the key points of Warren's plan: Many previous attempts to pass anti-corruption laws have focused on Congress or the executive branch, but Warren's plan would up transparency requirements for the judicial branch as well.
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Nevertheless, it is also possible to imagine a scenario where the judicial branch would decide that it is better to strip Kavanaugh of his office than to allow him to remain at the apex of the judiciary.
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Pelosi has said she had no specific timeline in mind for the probe, but suggested that investigation may not last long, suggesting it could conclude before the judicial branch resolve the fights between the legislative and executive.
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In his annual year-end report on the federal judiciary, Roberts said the judicial branch of government was not immune to incidents of sexual harassment and addressing it would be a new challenge in the coming year.
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LIMA, Peru – The head of Peru&aposs judicial branch resigned Thursday in the wake of a mounting corruption scandal involving secret phone recordings capturing numerous judges making behind-the-scenes deals on everything from promotions to criminal sentences.
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Washington (CNN)President Donald Trump and Senate Republicans celebrated a milestone Thursday when they confirmed their 100th judge appointed by Trump, leaving a significant imprint on the judicial branch that could last for decades after Trump leaves office.
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Total executive branch federal government employment -- not including uniformed military personnel and legislative and judicial branch personnel -- has dropped dramatically since the high point in the late 1980s and early 1990s when it averaged about 3 million employees.
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The judicial branch should never be political, which is why it is set off as a separate and distinct branch, and why its government officers should arguably be the most immune to probes and questions of personal religion.
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In Brookhiser's short and captivating biography, Marshall emerges as the institution's first great partisan operative: a man who managed with extraordinary success to reassemble a judicial branch in American government from the broken pieces of the Federalist Party.
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The injunctions have also thrust the judicial branch into the political process and encouraged plaintiffs with strong political leanings to bring lawsuits just to frustrate the work of the president, Congress and even other district judges, he said.
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But historically, neither the executive nor the judicial branch of government really has any authority in the amendment process, said Robinson Woodward-Burns, an assistant professor of political science at Howard University who has written about the ERA.
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Finally, Mark Zuckerberg published a letter in which he reiterated the need for a kind of judicial branch for Facebook: We are responsible for enforcing our policies every day and we make millions of content decisions every week.
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She talked to New York magazine about her concerns for national infrastructure issues, the lack of access to the internet in rural areas and noted the chamber's power to reshape the judicial branch through nominating and confirming nominees.
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"We take Sean Spicer at his word that Judge Gorsuch did not mean to distance himself from Donald Trump's attacks on the judicial branch," Zac Petkanas, a senior adviser for the Democratic National Committee, said in a statement.
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"I think that years from now, people will look back and say that the transformation of the judicial branch was one of this administration's greatest achievements," Marc Short, who was Trump's legislative director at the time, told me.
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In other words, the argument went, we should worry when attacks on the press or the judicial branch boost popularity; instead, we have some reason to believe that many Americans across the ideological spectrum still reject these ideas.
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Paul Horvitz, a financial writer based in Massachusetts and one of the few people who has spoken publicly about his complaint against Kavanaugh, told CNN he believes the silence of the judicial branch undermines public confidence in the courts.
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But the move would require the approval of the government's judicial branch and the support of a two-thirds majority in the National Assembly, which the opposition does not have thanks to recent maneuvering by Maduro and his allies.
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" A Justice Department spokesperson told BuzzFeed News that Sessions hopes the Supreme Court will resolve the issue of nationwide injunctions, saying, "Suggesting the courts fully consider and resolve an issue is hardly an attempt to delegitimize the judicial branch.
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As Trump scrambles to secure at least one "victory" during his first 100 days in office, Orrick's order is an important reminder that America's judicial branch will be crucial to blocking future executive orders that potentially violate the Constitution.
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"Events in recent months have illuminated the depth of the problem of sexual harassment in the workplace, and events in the past few weeks have made clear that the judicial branch is not immune," Roberts wrote on December 31.
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The as-yet small but influential number of activist critics seeking to destabilize and undermine an independent judicial branch are well aware that judges called out for fealty to "the resistance" don't write op-eds and don't tweet back.
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When Carlos Corach was appointed minister of the interior by President Carlos Menem — the position included managing relations with all the governors, Parliament, security forces and the judicial branch — he placed Mr. Bonadio in the secretariat of legal affairs.
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Joseph R. Biden Jr., the former vice president, warned in Rhode Island last weekend that something greater than even the legitimacy of the judicial branch was at stake, faulting Republicans for their "blind rage" in the Supreme Court battle.
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In 2018, the two men had a sharp exchange, with Mr. Trump suggesting that federal judges carry out the wishes of the presidents who appointed them and Chief Justice Roberts defending the independence and integrity of the judicial branch.
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As rumors about Justice Anthony Kennedy's retirement swirl (He's the longest serving justice on the court.) and seats on federal benches across the country become vacant, Trump is poised to change the future of the judicial branch for generations to come.
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Kupperman takes no position on whether the command of the Legislative Branch or the command of the Executive Branch should prevail; he seeks only to carry out whichever constitutional obligation the Judicial Branch determines to be lawful and binding on him.
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"The last administration violated its duty to enforce our immigration laws ..." — Attorney General Jeff Sessions "This ignores the wisdom of our Founders and transfers policy making questions from the constitutionally empowered and politically accountable branches to the judicial branch," he added.
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Last fall, it became clear that we reached the point of voting for a member of the executive branch, in large part to impact the makeup of the judicial branch, because we don't trust the legislative branch to do its job.
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Beal was by no means the only person in a Maine jail that night for unpaid debt: A 2015 report by Maine's judicial branch found that 25 percent of defendants in seven of Maine's 16 counties were booked for unpaid fines.
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The stated refusal to fill the ninth seat of the Supreme Court injects a degree of politics into the judicial branch that materially hampers the effective operation of our nation's highest court and the lower courts over which it presides.
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Kavanaugh is still facing some scrutiny: A conduct committee of the Judicial Conference, the highest-ranking policy group within the judicial branch, is currently considering several appeals of ethics complaints filed against Kavanaugh over his conduct during the nomination process.
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"You have these goals set in Paris, you have a framework for getting there through the Clean Power Plan, and you have the judicial branch saying stop," said Ralph Izzo, chief executive of Public Service Enterprise Group, a New Jersey utility.
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Finally, tell us more about what you think: This case could test whether the judicial branch has a major role to play in dealing with global warming and whether there is a constitutional right to a stable and safe climate.
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Mr. Drayton had spent several years in jail for attacking women, he violated orders to stay away from them and he repeatedly skipped check-ins with his probation officers, according to records from the Connecticut Judicial Branch and news reports.
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After those hearings, Roberts spoke out at the University of Minnesota, referring to "the contentious events in Washington of recent weeks" and -- as he did recently at Belmont Law School -- highlighted the differences between the judicial branch and political branches.
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"Additionally, it reeks of bad faith, demonstrates contempt for the authority that the Constitution's Framers have vested in the judicial branch, and, ultimately, deprives successful plaintiffs of the full measure of the remedy to which they are entitled," she added.
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Mr. Trump's swing at Mr. Blumenthal was itself a function of yet another feud he has pursued, often in incendiary tones, against the judicial branch as it weighs the legality of his executive order banning travelers from seven predominantly Muslim countries.
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The power of sharing grand jury records largely rests with the executive branch of government -- specifically, prosecutors, because grand jury proceedings happen at arm's length of the judicial branch, the appellate court found, citing previous appellate decisions in its reasoning.
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Instead of the legislative branch writing the laws and the executive branch simply "enforcing" them, the Trump administration is writing new policies; the judicial branch chooses whether or not to greenlight them; and the legislative branch either funds or defunds them.
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But legal experts fear the stakes may be much higher than mere politics because the decision could remove a judicial branch check on executive power and limit a citizen's right to know what the government is doing and how it spends taxpayer dollars.
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At a brief hearing in El Paso County District Court, the judge presiding over the murder case read from the report that said Robert Lewis Dear, 58, has not been restored to competency, said Rob McCallum, spokesman for the Colorado Judicial Branch.
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"The U.S Executive branch illegally freezes Iranian national assets; the U.S Legislative branch legislates to pave the ground for their illicit seizures; and the U.S Judicial branch issues rulings to confiscate Iranian assets without any base in law or fact," Zarif said.
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Predictably, the plan has run into a determined legal assault from businesses, industry groups and more than two dozen states, many with economies that rely on coal mining or coal-fired electricity generation, and its fate now lies with the judicial branch.
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"I believe we're dealing with issues right now that are bigger than the nominee, and how we ensure fairness and how our legislative and judicial branch can continue to be respected," she said, choosing her words carefully, her voice filled with emotion.
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" The three-judge district court panel agreed, writing, "Federal courts' failure to protect marginalized voters' constitutional rights will only increase the citizenry's growing disenchantment with, and disillusionment in, our democracy, further weaken our democratic institutions, and threaten the credibility of the judicial branch.
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Washington (CNN)Responding to a request by Supreme Court Chief Justice John Roberts, the Administrative Office of the US Courts has established a working group to examine the safeguards in place within the judicial branch to protect employees from inappropriate workplace conduct.
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WASHINGTON — With what by legal standards was lightning speed, the judicial branch responded to President Trump's immigration order on Saturday night, telling the president that he had moved too fast in barring people from seven predominantly Muslim nations from entering the United States.
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Frustrated over Democrats slow-walking many executive and judicial branch nominees and chewing up Senate floor time in the bargain, Republicans moved on Wednesday toward shortening stringent time requirements that can turn even a routine confirmation into a C-Span-numbing, multiday slog.
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"Absent a definitive judgment from the Judicial Branch ... Plaintiff will effectively be forced to adjudicate the Constitutional dispute himself, and if he judges wrongly, he will inflict grave Constitutional injury on either the House or the President," Cooper wrote in a court filing.
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Exactly, and federal courts — remember, three branches of government — who had a constitutional crisis, I think, between the federal government, excuse me, between the executive branch being ordered by the judicial branch in the case in Virginia to allow people to have representation.
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The judicial branch — which has been less than deferential to the Trump administration — might hold firm in decreeing that people have a constitutional right to be released from jail when they have posted bail or been cleared, regardless of their immigration status.
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While he still has legal concerns, notably in probes into his financial empire by attorneys in New York, and the judicial branch can continue to countermand his executive actions, Trump doesn't face an existential threat to his presidency from his political foes in Washington.
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The FBI, the Senate, the House of Representatives, the Electoral College, the mainstream news media, Congressional Budget Office, the Federal Reserve, the intelligence community, the Judicial branch, the office of the President, the White House Press Corps, the Department of Defense, the US Constitution.
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Vice President Mike Pence defended Trump, even as other Republicans urged the businessman-turned-politician to avoid firing such fusillades against the co-equal judicial branch of government, which the U.S. Constitution designates as a check on the power of the presidency and Congress.
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"The stated refusal to fill the ninth seat of the Supreme Court injects a degree of politics into the judicial branch that materially hampers the effective operation of our nation's highest court and the lower courts over which it presides," the former ABA leaders stated.
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Grip on power While Trump remains incredibly popular among Republicans and may yet be reelected in 2020, he has faced fierce opposition from House Speaker Nancy Pelosi and at times been restrained by the US judicial branch, aspects Modi hasn't grappled with the same way.
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Recall activists say the governor has also displayed legally defined unfitness for office, incompetence or neglect, including use of public money for political ads and a veto of judicial-branch funding that he described as punishment for court rulings in favor of abortion rights.
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Washington (CNN)A federal appeals court nominee broke down in tears during a Senate Judiciary Committee hearing Wednesday, reacting to a scathing letter against his confirmation by the American Bar Association after it conducted 60 interviews and concluded that he was "not qualified" for the judicial branch.
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By refusing to comply with a final order from a federal court, the President would dramatically upset the balance of powers by essentially placing himself beyond the reach of both the legislative branch (by defying the subpoena) and the judicial branch (by defying the final court order).
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Mr. Schumer did support Mr. Reid in abolishing the 60-vote supermajority threshold to move ahead with most judicial branch nominations, a maneuver that allowed Democrats to fill vacancies on the influential Court of Appeals for the District of Columbia with lifetime appointees picked by Mr. Obama.
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The nuclear option was made famous in 2013 when then-Senate Majority Leader Harry Reid, a Nevada Democrat, jammed through a rules change that lowered the threshold to break a filibuster of executive branch and most judicial branch nominees from 60 votes to a simple majority.
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"Events in recent months have illuminated the depth of the problem of sexual harassment in the workplace, and events in the past few weeks have made clear that the judicial branch is not immune," Roberts wrote in a statement for the 2017 State of the Judiciary Report.
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While President Trump was seen using his executive authority to "get things done" — pulling out of the Paris climate accord, triggering a wave of deregulation, appointing conservatives to posts in the administration and the judicial branch — Republicans in the field saw Congress as the point of failure.
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In the same week that he announced his nominee for the Supreme Court, the president of the United States pre-emptively accused not only a judge, but the whole judicial branch — the most dependable check on his power — of abetting the murder of Americans by terrorists.
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However, Mr. McConnell could use a parliamentary tactic to impose the new requirements by a simple majority vote just as the former Senate leader Harry Reid did in 2013 to weaken the ability to filibuster executive and judicial branch nominees except for those to the Supreme Court.
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Washington (CNN)President Donald Trump, concerned his travel ban could be stopped cold in the judicial branch after a less-than-stellar rollout, is leaning into fear, attempting to ratchet up terror concerns by telling audiences that he has learned considerably more about terror since taking office last month.
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We hope there will be a frank examination of the adequacy of the steps taken to address what the 10th Circuit has documented as Judge Murguia's misconduct and what further actions are needed to ensure that the judicial branch provides a safe workplace for all of its employees.
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The section stipulates that "whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the government of the United States, knowingly and willfully" falsifies or conceals information, including before a congressional committee's inquiry, may also be fined or imprisoned up to five years.
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Ms. DiFiore, the Westchester County district attorney, won unanimous approval on Thursday to become the chief judge of the Court of Appeals, the state's highest court, a position that also makes her the head of the state's judicial branch and the top administrator of the state's court system.
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The National Association of Criminal Defense Lawyers (NACDL) opposes the amendment, both because it overreaches the authority of judicial branch, and because it would upset the appropriate balance that must be struck between law enforcement methods and the protection of privacy in a civil society now become digital.
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Given the weakness of Mr. Trump's arguments, it's possible to imagine that they would take the position that the judicial branch should abstain from a conflict between the other two branches — a way of dodging the issue that would effectively allow them to give Mr. Trump a victory.
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Although the report does not specifically cite President Donald Trump's past attacks on the judiciary, his statement is a clear attempt to bolster federal judges across the country and shore up the reputation of the judicial branch as the other branches of government have dissolved into a bitter morass.
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In so charging him, the House Judiciary Committee has arrogated to itself the power to decide the validity of subpoenas, and the power to determine whether claims of executive privilege must be recognized, both authorities that properly belong with the judicial branch of our government, not the legislative branch.
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" No wonder the Constitution ratified a dozen years later has this to say about the judicial branch: "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished.
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The mayor has called for possibly expanding the size of the Supreme Court from 9 members to 15 -- a reworking of the judicial branch last attempted seriously by President Franklin Roosevelt (who dropped the idea amid a general political uproar caused by his so-called court-packing scheme).
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But is that really a principle, the idea that it's just going to take too much time, as opposed to, look, there are three branches of government, here's the legislative branch doing oversight of the executive branch, guess what, the judicial branch gets to weigh in as well?
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But if oral argument is any indication, the Court appears unlikely to side with the detainees — largely because justices on both sides feel that it would be unwise for the judicial branch to get too strict about what government officials can and can't do in response to a national crisis.
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The Democratic filibuster and GOP plans to implement the so-called "nuclear option" to cut it short could bring the already politicized confirmation process closer to the edge where the public begins to think of the Judicial Branch in the same political terms as the White House and Congress, experts say.
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"We decline to do so, not only because it is the particular province of the judicial branch to say what the law is, but also because we would do a disservice to our constitutional structure were we to let its mere invocation silence the call for meaningful judicial review," he wrote.
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A weak Congress — and there is little doubt that this Congress, which has declined to pass a budget, been frozen in tactical indecision on immigration and largely given up on the idea of advancing a legislative agenda, is weak — empowers not only the executive but the judicial branch as well.
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One version of this argument is that Mr. Trump cannot be charged in court with a crime because the judicial branch should not be in the position of second-guessing whether a president has properly exercised his constitutional authority, so the only remedy for abuse of power is impeachment and removal by Congress.
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But as the Ninth Circuit noted in its order, what complicates the matter for the Trump administration is that the president and his surrogates seem fixated on the idea that the judicial branch should not second-guess the two political branches on the issue of immigration when the key issue is national security.
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Hours after Mr. Trump's nominee for the Supreme Court declared during Senate confirmation hearings that he was "disheartened" about Mr. Trump's unrestrained attacks on the judicial branch, the president was at it again, calling out the federal judges who have halted his second executive order banning travel from certain predominantly Muslim nations.
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"As long as the Executive Branch condemns Islam and commends and encourages violence against would-be enemies, then a sentence imposed by the Judicial Branch does little to deter people generally from engaging in such conduct if they believe they are protecting their countries from enemies identified by their own Commander-in-Chief," they continued.
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"Evidently, there's a whole process we have to go through that involves the judicial branch of our country, but the directive that the Attorney General's Office has been given is to work and speed up this work to make this extradition of this highly dangerous criminal happen as soon as possible," Peña Nieto said.
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Here then is perhaps the most dramatic way in which Trump could change America not just for the few years that he is President but for an entire generation, moving the energies of the judicial branch -- not only through the Supreme Court but countless federal appointments -- toward a more conservative interpretation of the law.
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These features might make it seem like it should be more difficult for the judicial branch to have the support of the public that provides it legitimacy and that gives its rulings public acceptance; however, historically, the Supreme Court has enjoyed a greater sense of support and faith from the public than its two counterparts.
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" It's bad enough that Congress has ceded its lawmaking authority to unelected bureaucrats throughout the administrative state, but it is absolutely shocking when a law professor pushes the judicial branch to wittingly cede its constitutional duty to decide "all cases, in law and equity, arising under this Constitution, the laws of the United States.
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WASHINGTON — The entire federal appeals court in Washington said on Friday that it would take up two cases that raised the question of whether and when Congress may sue to resolve a dispute with the president, setting up a double-barreled test for establishing when the judicial branch can resolve disputes over separation of powers.
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U.S. Border Officials at Dulles Airport Are Refusing to Talk to Members of CongressCustoms and Border Protection officials at Dulles airport outside Washington, D.C. refused on…Read more ReadUpdate 1/30/2017 11:30am: The judicial branch tab is now back on the White House's website, and the URL for the page now directs here:[Margarita Noriega via Twitter]
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What trade lawyers are asking: Is this the strategy of a nationalist administration set to paint either an international trade organization or the judicial branch as diametrically opposed to its America first policy or, similar to the roll-out of the travel ban, is the administration not prepared for the impact of the president's public statements?
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That would arguably be the case, for example, if an official in the judicial branch (a judge, to be exact) could toss the head of the executive branch (the president) in a cell at a time when he is due to meet in Singapore with another head of state to negotiate possible denuclearization of the Korean Peninsula.
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Patrick LeahyPatrick Joseph LeahyAppropriators warn White House against clawing back foreign aid House panel investigating decision to resume federal executions Graham moves controversial asylum bill through panel; Democrats charge he's broken the rules MORE (D-Vt.), then-Judiciary Committee Chairman, called on Republicans to "reconsider their double standard and not play politics with" the judicial branch.
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Much like criticism of all unflattering media reports as "fake news," and attacks on the loyalty or patriotism of legislators who don't vote in support of the president's agenda, denouncing and dismissing all judges with the temerity to rule against Mr. Trump represents a direct attack on the independence and integrity of the entire judicial branch.
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At a Senate Judiciary Committee hearing on the constitutionality of the two special counsel bills in September, which included testimony from legal scholars and experts, John Duffy of the University of Virginia School of Law said the "transfer of removal authority from the Executive to the Judicial Branch is almost certainly unconstitutional" under Booker and Graham's proposal.
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And that's why today I would like to give a shout-out to Supreme Court Chief Justice John Roberts for having the integrity and courage to call Trump out for this behavior, to draw a red line around the judicial branch and to signal to Trump — politely but firmly — to keep his hands off its independence and nonpartisan charter.
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But while the Department of Justice isn't talking about "so-called judges" within the courtroom, some of the legal arguments it's making in defense of the travel ban have tipped into similar territory, as the administration's lawyers argue that the ban is a matter of national security and therefore it's inappropriate for the judicial branch to question its necessity.
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It makes it easier for the administration to argue that the courts shouldn't be scrutinizing its immigration policy at all — because court precedents give the executive branch a lot of power to decide who can and can't enter the United States, and give the judicial branch very little power to scrutinize the rationale for such policies (to see if they're, for example, discriminatory).
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In Wednesday's order -- which is not an opinion of Alabama's Supreme Court, but rather issued in Moore's capacity as the head of the Alabama judicial branch -- Moore said that three days after the U.S. Supreme Court cleared the way for same-sex marriage nationwide, his court invited parties to "address the effect of the Supreme Court's decision" on the state.
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Senate Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyGOP senators call for Barr to release full results of Epstein investigation Trump health official: Controversial drug pricing move is 'top priority' Environmental advocates should take another look at biofuels MORE (R-Iowa) said the judicial branch has a problem with sexual harassment and if it doesn't deal with it, Congress will.
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Senate Democrats have been indignantly sounding the alarm that President TrumpDonald John TrumpTrump pushes back on recent polling data, says internal numbers are 'strongest we've had so far' Illinois state lawmaker apologizes for photos depicting mock assassination of Trump Scaramucci assembling team of former Cabinet members to speak out against Trump MORE represents a threat to the independence of the judicial branch.
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House Judiciary Committee Chairman Bob GoodlatteRobert (Bob) William GoodlatteImmigrant advocacy groups shouldn't be opposing Trump's raids Top Republican releases full transcript of Bruce Ohr interview It's time for Congress to pass an anti-cruelty statute MORE (R-Va.) said Congress has the ability to impeach and censure executive and judicial branch officials in order to root out corruption and abuse.
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Dallas County Attorney Charles Sinnard agreed to drop all charges after deciding that the public was better served by further cooperation with industry to "secure the sensitive information maintained by the judicial branch," Anna Spoerre at the Des Moines Register reports — Cybersecurity news from the public sector: — Cybersecurity news from the private sector: — Cybersecurity news from abroad: — Today —Coming up:
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Trump's determination to personally profit from the presidency, his insistence on giving positions of power to family, his manifest indifference to truth, his attacks on an independent media, his use of the bully pulpit to run down the authority of the judicial branch, and his interference with the Justice Department all combine to strike a mighty blow against the foundations of his own legitimacy.
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Similarly, while the judicial branch has thus far upheld Donald TrumpDonald John TrumpMnuchin knocks Greta Thunberg's activism: Study economics and then 'come back' to us The Hill's Morning Report - House prosecutes Trump as 'lawless,' 'corrupt' What to watch for on Day 3 of Senate impeachment trial MORE's absolute power to declare a national emergency, in order to redirect congressionally budgeted funds, he has abused that power.
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If nothing else, what is clear after President TrumpDonald John TrumpO'Rourke: Trump driving global, U.S. economy into recession Manchin: Trump has 'golden opportunity' on gun reforms Objections to Trump's new immigration rule wildly exaggerated MORE's first three weeks is that his more controversial orders — and his seeming contempt for the judicial branch — will be worth watching as the courts check and balance his unconstitutional actions.
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The judicial branch has been a frequent subject of President TrumpDonald John TrumpTrump pushes back on recent polling data, says internal numbers are 'strongest we've had so far' Illinois state lawmaker apologizes for photos depicting mock assassination of Trump Scaramucci assembling team of former Cabinet members to speak out against Trump MORE's ire since he was a candidate, and he has often accused judges of acting politically, rather than independently.
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As Vox's Dara Lind wrote, Trump was undermining a longstanding respect for the judicial branch of government: It's intuitive that it would be bad to elect a president who's willing to disrespect a federal judge because someone in the other party appointed him; who says that the courts are "rigged" because a judge doesn't always rule in his favor; who calls for that judge to recuse himself from a case or be investigated.
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Had Hillary ClintonHillary Diane Rodham ClintonThe exhaustion of Democrats' anti-Trump delusions Poll: Trump trails three Democrats by 10 points in Colorado Soft levels of support mark this year's Democratic primary MORE won, with Justice Kennedy closing in on retirement and the filibuster for Supreme Court nominees hanging by a thread, we would likely now have a 6-3 court in the progressives' favor, locking in the left's domination of the judicial branch for at least a generation.
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President TrumpDonald John TrumpTrump pushes back on recent polling data, says internal numbers are 'strongest we've had so far' Illinois state lawmaker apologizes for photos depicting mock assassination of Trump Scaramucci assembling team of former Cabinet members to speak out against Trump MORE, as have so many of his predecessors from both parties, has made the right choice on this issue; it would be foolhardy of the judicial branch to set it aside based on the hysterical claims of partisan politics.
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Issues surrounding federal courts have long animated Republicans, and Trump and Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellLawmakers run into major speed bumps on spending bills Budowsky: Donald, Boris, Bibi — The right in retreat Hillicon Valley: Zuckerberg to meet with lawmakers | Big tech defends efforts against online extremism | Trump attends secretive Silicon Valley fundraiser | Omar urges Twitter to take action against Trump tweet MORE (R-Ky.) have undertaken a campaign to confirm a record number of federal judges to remake the judicial branch in a conservative image.
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Some of these videos and articles might work well as a homework assignment to prepare students for the in-class activities below: About Gerrymandering in General Video: Gerrymandering: Crash Course Government and Politics (8 minutes) Video: Gerrymandering: How Drawing Jagged Lines Can Impact an Election | From Christina Greer (4 minutes) Video: Gerrymandering, Explained | From The Washington Post (3 minutes) About the Supreme Court Case Considering Wisconsin's Republican-Drawn District Map The Supreme Court will decide if the judicial branch should declare the worst partisan gerrymanders as unconstitutional, or if gerrymandering is a problem that only politicians — and not the courts — can resolve.
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