from my union rag

Post by **The Yosemite Bear** » 2004-01-28 05:53am

Congress in contempt of court?

yup, that's what AFL-CIO is saying, in regaurds to a law that congress passed that said they could remove Federal Judges based on the sentances they handed down, the Supreme Court filed a contempt charge against congress, saying basically that congress has no right to tell a sitting federal judge how to rule on a case, and that such interferance was in violation of federal law.

Now as a student of history I do recall the last times the Supreme court put the President and Congress in contempt, Grant told them to fuck off, and Roosevelt caved.

Straha · Post by **Straha** » 2004-01-28 07:58pm

Good for the court, however they can't do jack shit to enforce their ruling.

Nathan F · Post by **Nathan F** » 2004-01-28 09:04pm

Would this fall under a violation of Separation of Powers by Congress trying to remove a member of the Judicial branch because of decisions made by them?

Einhander Sn0m4n · Post by **Einhander Sn0m4n** » 2004-01-28 09:06pm

Nathan F wrote:Would this fall under a violation of Separation of Powers by Congress trying to remove a member of the Judicial branch because of decisions made by them?

IANAL, but yes, it would.

Straha · Post by **Straha** » 2004-01-28 09:14pm

Nathan F wrote:Would this fall under a violation of Separation of Powers by Congress trying to remove a member of the Judicial branch because of decisions made by them?

There was a case similar to this before where the Supreme Court told Congress to go fuck off.

Post by **The Yosemite Bear** » 2004-01-29 01:00am

Yup, and they can't do shit unless congress or the president allows it to be prosecuted.

Thus when the US violated treates with the indians nothign was done because neither congress or grant wanted to do anything about it.

Now when Roosevelt tried to remove federal judges because of their rullings about the new deal, congress was more then willing to give him the smackdown

Joe · Post by **Joe** » 2004-01-29 01:04am

That particular Congress deserves credit for not going along with FDR's court-packing scheme. When John Adams did the exact same fucking thing in 1800, they were right there with him, creating new positions for Federalists to fill.

Post by **The Yosemite Bear** » 2004-01-29 01:47am

Yeah them "Midnight Judges"

funny thing is the Justice filing the current writ is a Bush senior appointee.