The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket.
The rule of four is not required by the Constitution, any law, or even the Supreme Court's own published rules. Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear by the Judiciary Act of 1891, Judiciary Act of 1925 and the Supreme Court Case Selections Act of 1988.
The "Rule of Four" has been explained by various Justices in judicial opinions throughout the years. For example, Justice Felix Frankfurter described the rule as follows: "The ‘rule of four’ is not a command of Congress. It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the theory being that if four Justices find that a legal question of general importance is raised, that is ample proof that the question has such importance. This is a fair enough rule of thumb on the assumption that four Justices find such importance on an individualized screening of the cases sought to be reviewed."
Although the Rule of Four in general has remained constant for some time -- i.e., that it takes at least four affirmative votes to grant a petition for certiorari -- the ancillary aspects of it have changed throughout the years and Justices have not always agreed about these aspects.
The rule of four is not required by the Constitution, any law, or even the Supreme Court's own published rules. Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear by the Judiciary Act of 1891, Judiciary Act of 1925 and the Supreme Court Case Selections Act of 1988.
The "Rule of Four" has been explained by various Justices in judicial opinions throughout the years. For example, Justice Felix Frankfurter described the rule as follows: "The ‘rule of four’ is not a command of Congress. It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the theory being that if four Justices find that a legal question of general importance is raised, that is ample proof that the question has such importance. This is a fair enough rule of thumb on the assumption that four Justices find such importance on an individualized screening of the cases sought to be reviewed."
Although the Rule of Four in general has remained constant for some time -- i.e., that it takes at least four affirmative votes to grant a petition for certiorari -- the ancillary aspects of it have changed throughout the years and Justices have not always agreed about these aspects.
https://en.wikipedia.org/wiki/Rule_of_four
As far back as Judge Robert Bork’s confirmation hearing most Americans learned that John Roberts’ ludicrous definition of an unbiased court is pure Grade A baloney offered for public consumption:
“We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”
A court permanently slanted left or right is not a bad thing so long as it is tilted to the right. Even then so-called conservative justices abandon ship and rule with liberals. Roberts and Kavanaugh are the latest deserters. Strict constructionists voting for big ticket items in the Left’s political agenda (the ACA for one) makes the rule of four as useless as tits on bull.
Kavanaugh did not change the rule where it counts the most so long as writ of certiorari remains in the hands of four activist libs. They will get their cases heard regardless of the other five. Even if libs lose in 5 to 4 rulings they get their talking points on the record in dissenting opinions.
Should Trump get another pick the head count would be 6 to 3. Six to three is a major change to be sure, but it will take 7 to 2 bring about a change of seismic proportions.
Bottom lime: Democrats will do whatever it takes to hold their grip on the rule of four.
Back on November 7, the 85-year-old Supreme Court justice Ruth Bader Ginsburg fell in her office at the Supreme Court and fractured three ribs on her left side. Ironically, this mishap may have been a blessing in disguise, as x-ray tests on her rib area revealed growths on her left lung.
Then, on December 21, Ginsburg underwent a pulmonary lobectomy at Memorial Sloan Kettering Cancer Center in New York City. In that procedure, one of the two lobes of the left lung is completely removed and examined. Upon pathological testing, it was determined that the nodules on Ginsburg's left lobe were indeed malignant.
The prognosis cannot be good for Ginsburg. According to Dr. John Heymach of the M.D. Anderson Cancer Center in Houston, when lung cancer is caught, it usually has already spread to the lymph nodes and beyond, and by then, it is curable in only a few cases.
This is the latest in a string of health issues that have afflicted the aged Ginsburg. She has been on the Supreme Court since 1993 when appointed by Bill Clinton. Currently, she is the longest serving justice on the court. During her tenure, Ginsburg has had both colon (2009) and pancreatic cancer (1999) and a heart stent in 2014. This is not a healthy, robust woman.
One need not be a medical expert to predict with a reasonable degree of confidence that 2019 will end without Ginsburg – or RBG, as her fans like to call her – on the bench. This will give President Trump the opportunity to appoint another originalist to the Supreme Court. This is needed now to counteract Chief Justice Roberts, who is drifting ever to the left.
Just the thought of another Supreme Court appointment for President Trump will send the Democrats and the Democrat-media into rug-chewing fits. It will also shift their efforts to remove Trump from office into warp speed.
Then, on December 21, Ginsburg underwent a pulmonary lobectomy at Memorial Sloan Kettering Cancer Center in New York City. In that procedure, one of the two lobes of the left lung is completely removed and examined. Upon pathological testing, it was determined that the nodules on Ginsburg's left lobe were indeed malignant.
The prognosis cannot be good for Ginsburg. According to Dr. John Heymach of the M.D. Anderson Cancer Center in Houston, when lung cancer is caught, it usually has already spread to the lymph nodes and beyond, and by then, it is curable in only a few cases.
This is the latest in a string of health issues that have afflicted the aged Ginsburg. She has been on the Supreme Court since 1993 when appointed by Bill Clinton. Currently, she is the longest serving justice on the court. During her tenure, Ginsburg has had both colon (2009) and pancreatic cancer (1999) and a heart stent in 2014. This is not a healthy, robust woman.
One need not be a medical expert to predict with a reasonable degree of confidence that 2019 will end without Ginsburg – or RBG, as her fans like to call her – on the bench. This will give President Trump the opportunity to appoint another originalist to the Supreme Court. This is needed now to counteract Chief Justice Roberts, who is drifting ever to the left.
Just the thought of another Supreme Court appointment for President Trump will send the Democrats and the Democrat-media into rug-chewing fits. It will also shift their efforts to remove Trump from office into warp speed.
December 23, 2018
Ruth Bader Ginsburg has lung cancer
By Peter Skurkiss
https://www.americanthinker.com/blog/2018/12/ruth_bader_ginsburg_has_lung_cancer.html
Ruth Bader Ginsburg has lung cancer
By Peter Skurkiss
https://www.americanthinker.com/blog/2018/12/ruth_bader_ginsburg_has_lung_cancer.html
Should Ginsburg’s seat open up for another Trump pick media mouths will demand ‘The court’s balance must be maintained’ —— meaning no less than four Democrats on the court at all times.
QUESTION: If balance is the criterion what does that say about John Roberts’ baloney? ANSWER: It is rancid.
Finally, the court’s balance never did much good for the American people, but you can bet your ass that if Democrat Party Socialists/Communists had a chance at 6 or more seats on the court the word ‘balance’ would be declared politically incorrect.