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District Court Northern 2006-2023 Form
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FAQs
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How did Anna Diggs Taylor become a senior judge of the United States District Court for the Eastern District of Michigan?
Judge Taylor graduated from Yale Law School and worked as a practicing attorney for over twenty years before she was appointed to the federal bench by President Jimmy Carter. She took senior status at the age of 65. -
What if Trump tells federal agencies to ignore the United States District Court for the Western District of Washington’s ruling on halting the Muslim ban?
What if Trump tells federal agencies to ignore the United States District Court for the Western District of Washington’s ruling on halting the Muslim ban?Given the erratic behavior of the Talented Mister Trump, his ignoring such an order was a very real possibility during the havoc and confusion following the initial rollout of his Executive Order last week. And to the extent that Donald Trump's conspiracy of ignorance and incompetence resulted in individuals at federal agencies failing and refusing to comply with various federal court rulings on the matter, Trump is now subject to the tender mercies of a motion for contempt to be considered by a federal judge in Virginia. However, right up to the cabinet level, members of the executive branch have now stated unequivocally their good faith intent to comply with all federal court orders in this matter.Basically, everyone who matters but Trump understands how American democracy is supposed to work. As such, if Trump is foolish enough to order anyone to ignore any of the federal court orders in this matter, there is a very real possibility that Vice President Mike Pence would join with a majority of Trump's cabinet to have Trump declared unfit for office under the Twenty Fifth Amendment to the United States Constitution and have Trump removed from office. In theory, such a removal would be temporary, making Pence the Acting President. However, it could easily last until a new president could be elected and sworn in after the 2020 election.I notice with interest that (Not My) President Trump took to Twitter to assert that he would prevail against "this so-called judge." I am actually pleasantly surprised that this so-called President Trump did not come up with a more biting insult. However, Trump will eventually find some way to denigrate this particular member of the judicial branch. I give it no more than 24 hours before Trump starts making some sort of truly incendiary personal comments about United States District Court Judge James Robard, criticizing his physical appearance or his ethnic heritage. -
Is it really legal for a federal district judge to set policies for the entire country? Isn’t that the job of the Supreme Court of the United States? Are district courts overstepping their boundaries?
Each of your sentences make a worthy topic.By “set policies” I assume you mean “legislate.” Yes, it’s really legal for district judges to legislate for the entire country, but it is very rare. Now, the judges will tell you they don’t do that, and the vast majority of their time they don’t. They are busy handling private disputes without national implications. Yet, every once in awhile, one of the hundreds of district judges will be handed a case that impacts the entire country. Most judges would rather not rule on hot button topics, and they have a plethora of devices to avoid making such a decision. But some judges seem to relish national disputes. Even when legislating, the judge can avoid the effects of his rule by staying the decision pending appeal. For example, see the recent Obamacare ruling.The courts inexorably legislate when they decide cases with national impact. The Supreme Court does this more frequently than any other level of the courts because political disputes are concentrated at that level. Sometimes it seems some the justices go out of their way to decide political disputes (“activist”) while others seem more reticent to do so (“conservative”). Even so, the justices deny they are consciously doing this, which is true because the legislating is a byproduct of the decision-making process.Like I said, it is rare for a district judge to legislate, but some do. No, I don’t think they are overstepping their bounds. District courts are courts of first impression and, with rare exception, every case must start there. -
What percentage of United States district court cases are appealed to the circuit courts? Are the circuit courts required to hear all appealed cases?
Yes, the Circuit Courts must hear all appeals. The U.S. Supreme Court, however, is not required to hear all appeals. The number of cases appealed is hard to correlate with the number of total cases because it is possible to have more than one appeal come out of a single case, but according to this Cornell Law Review article, it is about 11%. Page on cornell.edu
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