Breaking - Bush Picked New Supreme Court Judge - GoFuckYourself.com

spunkmaster · 07-18-2005, 10:08 PM

Edith B. Clement
Biography
Judge Clement was sworn in as a United States District Judge in 1991 and is presently serving as Chief Judge of the Eastern District of Louisiana. She was a maritime attorney in the New Orleans firm of Jones, Walker, Waechter, Poitevent, Carrere & Denegre from 1975 - 1991.

Judge Clement received her undergraduate degree from the University of Alabama in 1969 and her J.D. from Tulane Law School in 1973, and served as law clerk to the late U.S. District Judge Herbert W. Christenberry. She is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law School's Inn of Court, the Committee on the Administrative Office of the Judicial Conference of the United States, and she serves as the Eastern District of Louisiana Representative on the Fifth Circuit Judicial Council.

She is married and has two children.

Young · 07-18-2005, 10:11 PM

You sure? wouldn't this be breaking news? Did I sleep my day away and miss this?

spunkmaster · 07-18-2005, 10:11 PM

It's 5 minutes old !

uno · 07-18-2005, 10:16 PM

link? please?

JD · 07-18-2005, 10:20 PM

good or bad for us? that's what I want to know

Young · 07-18-2005, 10:25 PM

Not even Washington works this late (1:00AM EST). This is bullshit.

xenigo · 07-18-2005, 10:26 PM

Quote:

Originally Posted by SPeRMiNaToR

good or bad for us? that's what I want to know

I doubt Bush would appoint anyone non-religious or 'pro obscenity'. I'd have to go with Bad for Us for $200, Alex.

spunkmaster · 07-18-2005, 10:32 PM

Edith Brown Clement, Fifth Circuit

Judge Clement has joined troubling dissents by the full Fifth Circuit. In one, Judge Clement maintained that the scope of an important federal criminal law, the Hobbs Act, should be severely limited on ?federalism? grounds.

United States v. McFarland, 311 F.3d 376 (5th Cir. 2002) (en banc), cert. denied, 123 S. Ct. 1749 (2003): constitutionality and scope of the Hobbs Act

The defendant in this criminal case had been convicted under the Hobbs Act for the armed robbery of four different retail convenience stores. The Hobbs Act makes it a federal crime for someone ?in any way or degree? to obstruct, delay, or affect ?commerce or the movement of any article or commodity in commerce, by robbery or extortion . . . .? 18 U.S.C. § 1951. The Act is important in authorizing the federal government to prosecute crimes that affect interstate commerce. On appeal in this case, the defendant argued that these were local robberies and that application of the Hobbs Act was unconstitutional. A three-judge panel of the Fifth Circuit affirmed the defendant?s conviction, following existing Fifth Circuit precedent under which the Hobbs Act is considered applicable to conduct that, in the aggregate, can reasonably be thought to substantially affect interstate commerce. One of the judges specially concurred and urged en banc reconsideration of the case. United States v. McFarland, 264 F.3d 557 (5th Cir. 2001).

Thereafter, the Fifth Circuit, ?by reason of an equally divided en banc court,? 8-8, affirmed the defendant?s conviction in a per curiam (unsigned) ruling. 311 F.3d at 377. Judge Clement was one of the eight judges who dissented from that affirmance and who would have reversed the defendant?s conviction. Clement joined two different dissents. The first was a dissent written by Judge Garwood, joined by all of the dissenters, in which the dissenters opined that the ?aggregation? principle should not be employed under the Hobbs Act, and that doing so brought ?within the scope of the Commerce Clause the proscription of local violent (and other) crimes not constituting the regulation of commercial activity . . .? Id. at 409. In this dissent, the eight judges expressly acknowledged that the manner in which they would interpret the Supreme Court?s Commerce Clause precedent for purposes of the Hobbs Act was inconsistent with the holdings of several other circuits. Id. at 394-95. In other words, Judge Clement voted to significantly limit the reach of the Hobbs Act and the authority of Congress under the Commerce Clause. In doing so, she would have overturned established Fifth Circuit precedent and ruled in a manner inconsistent with the law in several other circuits.

Clement, however, did not stop there. Along with three other judges, she also joined a dissent written by Judge Edith Jones that excoriated the eight judges who had voted to affirm the defendant?s conviction for not writing an opinion. Clement and the four other dissenters accused the eight judges of ?withdraw[ing] from the field of reasoned dispute? and ?default[ing] their duties of public explication, accountability and transparency.? Id. at 416, 417. Then, stating that, ?[b]ecause our colleagues are unwilling to speak for themselves,? these five dissenters went on to ?attempt to paraphrase the most significant arguments for [the eight judges?] position,? Id. at 421, and proceeded literally to put words in the other judges? mouths, setting up arguments for those judges and then knocking them down. (E.g., ?[t]hose who affirm concede that,? ?some of our silent colleagues would agree that,? etc. Id. at 421 422.)

This extraordinary dissent prompted a sharp rebuke from two of the judges who had voted to affirm the defendant?s conviction. Those judges wrote specifically to state that it was ?a deep mystery to us why five judges thought it helpful or appropriate to take eight fellow judges to task for failing to explain why they decline to change the established law of this circuit and create a circuit split. We of course disclaim their attempt to attribute views to us.? Id. at 377.

baddog · 07-18-2005, 11:05 PM

Interesting lady it seems

spunkmaster · 07-18-2005, 11:40 PM

She's a big Federalist !

Federalist are considered right wing by some but they are actually
very pro 1st ammendment and don't want the feds fucking things up all the time.

Turf · 07-19-2005, 12:01 AM

hmm, still no link to a news source that is legit ?

spunkmaster · 07-19-2005, 09:51 AM

I told you !

DateDoc · 07-19-2005, 10:03 AM

http://abcnews.go.com/Politics/wireS...C-RSSFeeds0312

mardigras · 07-19-2005, 10:19 AM

We'll find out for sure tonight

hotstuff · 07-19-2005, 10:22 AM

Quote:

Originally Posted by SPeRMiNaToR

good or bad for us? that's what I want to know

shes from fecking louisiana, how good can it be?

hotstuff · 07-19-2005, 10:32 AM

Quote:

Originally Posted by spunkmaster

She's a big Federalist !

Federalist are considered right wing by some but they are actually
very pro 1st ammendment and don't want the feds fucking things up all the time.

... and pro-states' rights. this would have come in handly for the medical marijuana decision. too late.

JFK · 07-19-2005, 10:35 AM

Quote:

Originally Posted by spunkmaster

She's a big Federalist !

Federalist are considered right wing by some but they are actually
very pro 1st ammendment and don't want the feds fucking things up all the time.

that could be a good thing

WhoGivesaShit · 07-19-2005, 10:36 AM

http://www.cnn.com/2005/POLITICS/07/....ap/index.html

WASHINGTON (AP) -- President Bush has made his decision about whom he plans to nominate to take Sandra Day O'Connor's place on the Supreme Court and will announce his pick to the nation in a prime-time address Tuesday night, the White House said.

lchaim · 07-19-2005, 10:42 AM

Quote:

Originally Posted by spunkmaster

She's a big Federalist !

Federalist are considered right wing by some but they are actually
very pro 1st ammendment and don't want the feds fucking things up all the time.

Federalists are

in my book for sure, let's hope she is a 'big one' like you say

FunForOne · 07-19-2005, 10:46 AM

Quote:

Originally Posted by hotstuff

shes from fecking louisiana, how good can it be?

Want to compare Louisiana to Arkansas or Georgia?

She is from New Orleans, that worries me.

mardigras · 07-19-2005, 11:06 AM

Quote:

Originally Posted by FunForOne

Want to compare Louisiana to Arkansas or Georgia?

She is from New Orleans, that worries me.

Nothing wrong with n'awlins

jimmyf · 07-19-2005, 11:50 AM

Quote:

Originally Posted by FunForOne

Want to compare Louisiana to Arkansas or Georgia?

She is from New Orleans, that worries me.

She is a good friend of the lady senator from La. a very liberal one if that makes you feel any better.

Peaches · 07-19-2005, 11:52 AM

Bush doesn't get to pick a judge - he picks a nominee ;)

jimmyf · 07-19-2005, 12:13 PM

Quote:

Originally Posted by Peaches

Bush doesn't get to pick a judge - he picks a nominee ;)

well if his nominee don't get picked he just picks another nominee and if that nominee don't gets picked he just picks another nominee and and and

llporter · 07-19-2005, 12:21 PM

so this is good news?

mardigras · 07-19-2005, 12:29 PM

Quote:

Originally Posted by llporter

so this is good news?

Technically it's no news

baddog · 07-19-2005, 12:41 PM

Quote:

Originally Posted by mardigras

Technically it's no news

I think it is news, and good at that. Just because she hasn't been confirmed doesn't make it non-newsworthy. It gives us an idea on Bush's thought process, and I think he could have done a lot worse.

07-18-2005, 10:08 PM	#1
spunkmaster Confirmed User Join Date: Jan 2004 Posts: 2,052	Breaking - Bush Picked New Supreme Court Judge Edith B. Clement Biography Judge Clement was sworn in as a United States District Judge in 1991 and is presently serving as Chief Judge of the Eastern District of Louisiana. She was a maritime attorney in the New Orleans firm of Jones, Walker, Waechter, Poitevent, Carrere & Denegre from 1975 - 1991. Judge Clement received her undergraduate degree from the University of Alabama in 1969 and her J.D. from Tulane Law School in 1973, and served as law clerk to the late U.S. District Judge Herbert W. Christenberry. She is a member of the Maritime Law Association of the United States, the Federal Bar Association, the American Law Institute, the Federalist Society, the Tulane Law School's Inn of Court, the Committee on the Administrative Office of the Judicial Conference of the United States, and she serves as the Eastern District of Louisiana Representative on the Fifth Circuit Judicial Council. She is married and has two children. __________________

07-18-2005, 10:11 PM	#2
Young Bland for life Industry Role: Join Date: Nov 2004 Posts: 10,468	You sure? wouldn't this be breaking news? Did I sleep my day away and miss this? __________________ ★★★

07-18-2005, 10:11 PM	#3
spunkmaster Confirmed User Join Date: Jan 2004 Posts: 2,052	It's 5 minutes old ! __________________

07-18-2005, 10:16 PM	#4
uno RIP Dodger. BEST.CAT.EVER Industry Role: Join Date: Dec 2002 Location: NYC Area Posts: 18,450	link? please? __________________ -uno icq: 111-914 CrazyBabe.com - porn art MojoHost - For all your hosting needs, present and future. Tell them I sent ya!

07-18-2005, 10:25 PM	#6
Young Bland for life Industry Role: Join Date: Nov 2004 Posts: 10,468	Not even Washington works this late (1:00AM EST). This is bullshit. __________________ ★★★

07-18-2005, 10:20 PM	#5
JD Too lazy to set a custom title Industry Role: Join Date: Sep 2003 Posts: 22,651	good or bad for us? that's what I want to know

07-18-2005, 10:32 PM	#8
spunkmaster Confirmed User Join Date: Jan 2004 Posts: 2,052	Edith Brown Clement, Fifth Circuit Judge Clement has joined troubling dissents by the full Fifth Circuit. In one, Judge Clement maintained that the scope of an important federal criminal law, the Hobbs Act, should be severely limited on ?federalism? grounds. United States v. McFarland, 311 F.3d 376 (5th Cir. 2002) (en banc), cert. denied, 123 S. Ct. 1749 (2003): constitutionality and scope of the Hobbs Act The defendant in this criminal case had been convicted under the Hobbs Act for the armed robbery of four different retail convenience stores. The Hobbs Act makes it a federal crime for someone ?in any way or degree? to obstruct, delay, or affect ?commerce or the movement of any article or commodity in commerce, by robbery or extortion . . . .? 18 U.S.C. § 1951. The Act is important in authorizing the federal government to prosecute crimes that affect interstate commerce. On appeal in this case, the defendant argued that these were local robberies and that application of the Hobbs Act was unconstitutional. A three-judge panel of the Fifth Circuit affirmed the defendant?s conviction, following existing Fifth Circuit precedent under which the Hobbs Act is considered applicable to conduct that, in the aggregate, can reasonably be thought to substantially affect interstate commerce. One of the judges specially concurred and urged en banc reconsideration of the case. United States v. McFarland, 264 F.3d 557 (5th Cir. 2001). Thereafter, the Fifth Circuit, ?by reason of an equally divided en banc court,? 8-8, affirmed the defendant?s conviction in a per curiam (unsigned) ruling. 311 F.3d at 377. Judge Clement was one of the eight judges who dissented from that affirmance and who would have reversed the defendant?s conviction. Clement joined two different dissents. The first was a dissent written by Judge Garwood, joined by all of the dissenters, in which the dissenters opined that the ?aggregation? principle should not be employed under the Hobbs Act, and that doing so brought ?within the scope of the Commerce Clause the proscription of local violent (and other) crimes not constituting the regulation of commercial activity . . .? Id. at 409. In this dissent, the eight judges expressly acknowledged that the manner in which they would interpret the Supreme Court?s Commerce Clause precedent for purposes of the Hobbs Act was inconsistent with the holdings of several other circuits. Id. at 394-95. In other words, Judge Clement voted to significantly limit the reach of the Hobbs Act and the authority of Congress under the Commerce Clause. In doing so, she would have overturned established Fifth Circuit precedent and ruled in a manner inconsistent with the law in several other circuits. Clement, however, did not stop there. Along with three other judges, she also joined a dissent written by Judge Edith Jones that excoriated the eight judges who had voted to affirm the defendant?s conviction for not writing an opinion. Clement and the four other dissenters accused the eight judges of ?withdraw[ing] from the field of reasoned dispute? and ?default[ing] their duties of public explication, accountability and transparency.? Id. at 416, 417. Then, stating that, ?[b]ecause our colleagues are unwilling to speak for themselves,? these five dissenters went on to ?attempt to paraphrase the most significant arguments for [the eight judges?] position,? Id. at 421, and proceeded literally to put words in the other judges? mouths, setting up arguments for those judges and then knocking them down. (E.g., ?[t]hose who affirm concede that,? ?some of our silent colleagues would agree that,? etc. Id. at 421 422.) This extraordinary dissent prompted a sharp rebuke from two of the judges who had voted to affirm the defendant?s conviction. Those judges wrote specifically to state that it was ?a deep mystery to us why five judges thought it helpful or appropriate to take eight fellow judges to task for failing to explain why they decline to change the established law of this circuit and create a circuit split. We of course disclaim their attempt to attribute views to us.? Id. at 377. __________________

07-18-2005, 11:05 PM	#9
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	Interesting lady it seems

07-18-2005, 11:40 PM	#10
spunkmaster Confirmed User Join Date: Jan 2004 Posts: 2,052	She's a big Federalist ! Federalist are considered right wing by some but they are actually very pro 1st ammendment and don't want the feds fucking things up all the time. __________________

07-19-2005, 12:01 AM	#11
Turf Confirmed User Industry Role: Join Date: Jul 2001 Location: ICQ: 64644691 Posts: 1,865	hmm, still no link to a news source that is legit ? __________________ Daddy Strokes - mature men stroking their meat Mature Gay Movies - mature men fucking everyone! Pleasing Daddy - young girls fucking mature men Looking for submitter accounts for older men niche content (both gay and straight) so hit me up if you run a tube and offer submitter accounts for paysites.

07-19-2005, 09:51 AM	#12
spunkmaster Confirmed User Join Date: Jan 2004 Posts: 2,052	I told you ! __________________

07-19-2005, 10:03 AM	#13
DateDoc Outside looking in. Industry Role: Join Date: Feb 2005 Location: To Hell You Ride Posts: 14,243	http://abcnews.go.com/Politics/wireS...C-RSSFeeds0312 __________________

07-19-2005, 10:19 AM	#14
mardigras Bon temps! Join Date: Feb 2003 Location: down yonder Posts: 14,194	We'll find out for sure tonight __________________ .

07-19-2005, 10:36 AM	#18
WhoGivesaShit Confirmed User Join Date: Sep 2004 Posts: 307	http://www.cnn.com/2005/POLITICS/07/....ap/index.html WASHINGTON (AP) -- President Bush has made his decision about whom he plans to nominate to take Sandra Day O'Connor's place on the Supreme Court and will announce his pick to the nation in a prime-time address Tuesday night, the White House said.

07-19-2005, 11:52 AM	#23
Peaches Old broad Join Date: Oct 2002 Location: Away Posts: 13,933	Bush doesn't get to pick a judge - he picks a nominee ;)

07-19-2005, 12:21 PM	#25
llporter Confirmed User Join Date: Jul 2005 Location: Boston Posts: 3,221	so this is good news?