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Old Posted May 28, 2020, 1:54 PM
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ardecila ardecila is offline
TL;DR
 
Join Date: Jun 2006
Location: the city o'wind
Posts: 16,383
Quote:
Originally Posted by blacktrojan3921 View Post
https://news.wttw.com/2020/05/27/are...center-lawsuit

Kind of surprising Barrett would make this kind of ruling, especially since she's a Trump appointee.
It's not that simple, judges aren't like executive branch officials that the president can hire and fire at will. Only Congress can remove a judge via impeachment, and given the realities of the impeachment process there has to be a very good reason, not just the president's petty scheming.

Barrett has no reason to act like a toady for Trump, unless she thinks she's a contender for Ginsberg's seat on the Supreme Court AND she thinks Trump will win in the fall... but even then, she has an interest in appearing fair and impartial so she doesn't get trapped in the Senate confirmation process.

I agree with her, though, that this case has questionable standing in Federal court. What relationship does the case have to Federal law? The public trust doctrine is a matter of state law and should properly be heard in a state court. The fact that Jackson Park is a National Register property, or the impacts on Federally funded highway, are kind of a stretch reasoning. However, both plaintiff and defendant want the case in Federal court, but the judges have to decide if that's really appropriate.
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