Bush signs law allowing federal courts to operate outside districts

[electron_blue]

Bush is getting bishops into place, look out!

Friday, September 9

Bush signs law allowing federal courts to operate outside districts

WASHINGTON (CNN) -- President Bush on Friday signed into law a bill that allows federal courts to operate outside of their territorial jurisdictions in the event of an emergency.

The law allows a federal appeals court to hold sessions "at any place outside the circuit" if the chief judge or the next highest ranking person determines the court cannot operate in its jurisdiction due to "emergency circumstances."

The law also applies to U.S. district courts and bankruptcy courts. With New Orleans devastated by Hurricane Katrina, the 5th Circuit Court of Appeals has moved temporarily to Houston. Other federal courts in states hit by Katrina also are finding temporary homes.

The bill was first proposed in June, but Katrina spurred its passage. (Posted 8:35 p.m.)

http://www.cnn.com/2005/US/09/07/news.update/index.html

right below another story about the restraining order.

[Erika]

1. So W wants genocide on the liberal districts

so he can implement his evil agenda?

[texpatriot2004]

2. Legal Eagles, what does this mean for the restraining order? n/t

[electron_blue]

5. yes, please chime in

Is this just a boring, of little consequence law (sarcasm) or is there some reason Bush axed his fema director and then passed this law all on the same day?

What are the implications?

[GreenPartyVoter]

3. This is the party of hands-off smaller gov't?!

------------------------------------------------------
Ditch Bu$h and save the Gulf: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=106&topic_id=22507&mesg_id=22507

Then save the nation!
http://timeforachange.bluelemur.com/electionreform.htm

[kansasblue]

4. just like FEMA's powers. All Bush has to do.....

is just declare emergencies and he has the power.

From something as simple as minimum wage to something very big.

[Sgent]

6. This is a good law that was needed

I wonder however how the will handle juridictional issues.

For instance if I'm a refugee located in N. MS, and have to file a bankruptcy claim, would I file in the District Ct. of N. MS or S. MS?

What if the S. MS court is meeting in the same location?

Although not a "minor" issue, I imagine they can work this out -- or the 5th Circuit Ct could issues guidelines for its area.

[carpetbagger]

7. Agreed, so long as it doesn't allow "musical jurisdictions"

If the 5th Circuit wants to meet in Birmingham, or Seattle, or wherever, so be it. Just as long as they don't start hearing cases from outside their little wanna-be-Jim-Crow district.

[electron_blue]

9. that's what I'm wondering about

[texpatriot2004]

8. kick it for legal help n/t

[electron_blue]

10. so... maybe Bush passed a good law this week?

one last try up the flagpole

[Geoff R. Casavant]

11. I'm sure Bush has passed good laws before

perhaps inadvertently.

Alas, I've had three glasses of wine with a late dinner, and I can't recall any of them off the top of my head.

Anyone?

Bueller?

[philarq]

12. Actually --No this is not good

Any court that is regularly a bit to the liberal side--say in the 9th district, he can now declare a state of emergency and have those cases moved to another court. I forsee that any state of emergency may suffice--this may infact be a little bit of "judge shopping" on the case of the republican administration and the Justice Dept.

Just remember that there are currently something like 130? (need to check that on FEMA page) different "states of emergency" currently in effect. Then there are the national "state of emergency" declarations--remember history here one of the things that Carter did in 1977 was to cancel the "state of emergency" declarations for things like WW1, WW2 and The Korean War. No administration had ever bothered to do it.

I dare say that there may be more in the nefarious category with something like this than at first glance.