March 20Mar 20 7 minutes ago, DrPhilly said: That's what I would have thought. I was thinking maybe Trump/WH would just ignore the judges at some point and maybe that is just what they are doing with this one now. Right now we are seeing small acts of disobedience. If they increase in magnitude, the judiciary must act more forcefully.
March 20Mar 20 13 minutes ago, vikas83 said: The only true courts of equity are BK courts. At least in the federal system. Bankruptcy courts are Article I, not Article III courts, and unlike Article III judges, bankruptcy judges do not have lifetime tenure. They are an arm of the district courts which issue administrative orders of reference of bankruptcy cases to bankruptcy courts. Until 1978, you had bankruptcy referees, not judges. Even today, litigants in bankruptcy court can ask for an order withdrawing the reference so that it can be heard directly by a district judge. You will find no Constitutional provision requiring district judges to have jurisdiction over both matters of law and equity.
March 20Mar 20 1 minute ago, BBE said: Right now we are seeing small acts of disobedience. If they increase in magnitude, the judiciary must act more forcefully. You saw the same thing with Biden who disregarded the Supreme Court on the issue of student loan forgiveness.
March 20Mar 20 Author Just now, BBE said: Right now we are seeing small acts of disobedience. If they increase in magnitude, the judiciary must act more forcefully. What can they do given POTUS is immune and also POTUS can pardon any of his officials who are held in contempt?
March 20Mar 20 Just now, BBE said: Right now we are seeing small acts of disobedience. If they increase in magnitude, the judiciary must act more forcefully. Again, the issue becomes that there is no conceivable way for the judiciary to hold the administration accountable. SCOTUS has already given Trump immunity for official acts. And Trump will simply pardon administration members that may be found in contempt. The only check on executive power is Congress and impeachment, and that's never happening. So, in effect, the judiciary is neutered if those in the Executive Branch continue to have no decency or respect for the rule of law.
March 20Mar 20 Just now, DrPhilly said: I think this is coincidence. Nothing about this administration or DOGE indicates that this is part of a larger strategy.
March 20Mar 20 2 minutes ago, DrPhilly said: Musk doesn't understand the judicial process so well. If he did, he'd realize that impeachment would be an exercise in futility and would just be a proceeding for show. You'd never get a vote of 2/3 of the Senate to convict and remove.
March 20Mar 20 1 minute ago, Procus said: Bankruptcy courts are Article I, not Article III courts, and unlike Article III judges, bankruptcy judges do not have lifetime tenure. They are an arm of the district courts which issue administrative orders of reference of bankruptcy cases to bankruptcy courts. Until 1978, you had bankruptcy referees, not judges. Even today, litigants in bankruptcy court can ask for an order withdrawing the reference so that it can be heard directly by a district judge. You will find no Constitutional provision requiring district judges to have jurisdiction over both matters of law and equity. Bankruptcy judge are appointed for life.
March 20Mar 20 1 minute ago, Procus said: You saw the same thing with Biden who disregarded the Supreme Court on the issue of student loan forgiveness. No, he most certainly did not. His blanket forgiveness was overturned, so they did smaller loan forgiveness that fit within existing programs and the law.
March 20Mar 20 1 minute ago, vikas83 said: Bankruptcy judge are appointed for life. Incorrect. They are appointed for 15 year terms. They can be reappointed after their term expires, but they do not get lifetime appointments. Google it and you'll see.
March 20Mar 20 Author Just now, Procus said: You saw the same thing with Biden who disregarded the Supreme Court on the issue of student loan forgiveness. No he actually didn't. He went back and took another approach with a different plan which also could have been shot down. In fact, it ultimately was shot down.
March 20Mar 20 Just now, Procus said: Incorrect. They are appointed for 15 year terms. They can be reappointed after their term expires, but they do not get lifetime appointments. Google it and you'll see. Yeah, my bad. They are 14 year terms, but I can't think of a single time one hasn't been reappointed when they want it.
March 20Mar 20 Author 3 minutes ago, Procus said: Musk doesn't understand the judicial process so well. If he did, he'd realize that impeachment would be an exercise in futility and would just be a proceeding for show. You'd never get a vote of 2/3 of the Senate to convict and remove. It may serve his purpose if those Senators make a big fuss even though they can't actually get anyone impeached
March 20Mar 20 1 minute ago, Procus said: Incorrect. They are appointed for 15 year terms. They can be reappointed after their term expires, but they do not get lifetime appointments. Google it and you'll see. Correction, 14 year terms.
March 20Mar 20 6 minutes ago, BBE said: Right now we are seeing small acts of disobedience. If they increase in magnitude, the judiciary must act more forcefully.
March 20Mar 20 Just now, vikas83 said: Yeah, my bad. They are 14 year terms, but I can't think of a single time one hasn't been reappointed when they want it. Happened in Ft. Lauderdale around 5 years ago when there was a bad judge who pissed off a good chunk of the bankruptcy bar.
March 20Mar 20 2 minutes ago, Procus said: You saw the same thing with Biden who disregarded the Supreme Court on the issue of student loan forgiveness. Last i checked, student loan forgiveness essentially stopped after the ruling and only the loans incurred for "predatory" colleges persisted and were narrow in scope.
March 20Mar 20 5 minutes ago, BBE said: I think this is coincidence. Nothing about this administration or DOGE indicates that this is part of a larger strategy. Ok now I know you're just F'ing with us
March 20Mar 20 1 minute ago, Procus said: Happened in Ft. Lauderdale around 5 years ago when there was a bad judge who pissed off a good chunk of the bankruptcy bar. Interesting. I can't think of it ever happening in the main BK jurisdictions (DE, SDNY, SDTX). They struggle to keep judges. EDIT: Judge Jones in SDTX was forced to resign because he was sleeping with a lawyer that appeared before him. Other than that, they all stay until they resign and join a firm to make real money.
March 20Mar 20 1 minute ago, vikas83 said: Interesting. I can't think of it ever happening in the main BK jurisdictions (DE, SDNY, SDTX). They struggle to keep judges. Happened in Philly with David Scholl who was one of the most overturned, if not the most overturned bankruptcy judge in the U.S.
March 20Mar 20 The student loan forgiveness ended up being for specific groups of people. Definitely was not a blanket forgiveness like they wanted. I know people that were forgiven and some that weren't lol
March 20Mar 20 Author 3 minutes ago, Mike030270 said: The student loan forgiveness ended up being for specific groups of people. Definitely was not a blanket forgiveness like they wanted. I know people that were forgiven and some that weren't lol Another convenient talking point for MAGA that just isn't true once you look into the details
March 20Mar 20 4 minutes ago, we_gotta_believe said: Ok now I know you're just F'ing with us No, I completely misread the article statement. I rescind the remark in question. I do stand firm in my belief that no one in the current administration has the capacity to execute a long game strategy.
March 20Mar 20 56 minutes ago, vikas83 said: And to be clear, DeSantis' proposal is to strip jurisdiction for District Court to hear cases, not just stop them from issuing injunctions. People wonder why I don’t like DeSantis.
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