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> Is there a process to follow this up Well, this was an opinion in U.S. District court, which is the first level. You can appeal dismissals to Appeals court.
by afarrell 11y ago
> Is there a process to follow this up
Well, this was an opinion in U.S. District court, which is the first level. You can appeal dismissals to Appeals court. From there, it's on to the Supreme Court who can choose if they want to hear the case.
In Thank You for Smoking, the protagonist jokes that the thing that makes America great is "our endless appeals system" occasionally, I feel convinced that this really is true.
- pbhjpbhj 11y agoI was more considering an employment tribunal for the judge rather than a standard appeal.
- afarrell 11y agoNope. In the U.S., the constitution stipulates that federal judges, "both of the supreme and inferior courts, shall hold their offices during good behaviour" https://www.law.cornell.edu/constitution/articleiii https://www.law.cornell.edu/constitution/articleiii "Good behavior" here does not refer to their opinions in rulings. If it did, that would eliminate the independence of the judiciary.
- dragonwriter 11y agoAll of that is true except the word "Nope".
- pbhjpbhj 11y agoSo, for example, if all of a judges rulings were turned over on appeal based on ignorance of common facts nothing would happen unless Congress chose to impeach them? Or are judicial rulings based on ignorance of common knowledge not considered problematic in law.
- afarrell 11y ago"Problematic" is too vague a term here. Do you mean "impeachable offense", or "something a group of people think is a problem"? If literally all or even > 50% of a district court judge's rulings were reversed on appeal, would they face sanction? I've never heard of this happening so I don't really know. But I have never heard of there being a process for it. I am curious what process folks think there should be?
- dragonwriter 11y agoThe "employment tribunal" for US federal judges is called "the Congress of the United States" (acting through the impeachment process.)