The Governor and the entire Congressional delegation, including both Senators, are Democratic. We view such an argument through skeptical eyes, because a total failure to perform an act may involve no exercise of discretion or deliberation whatsoever, and it is not clear that such a failure would be considered a discretionary act covered by official immunity.
But given our resolution of this appeal, it is not necessary to decide this question.Fill in your details below or click an icon to log in:[A] defendant can be held responsible for the actions of another as a party to the crime or as a co-conspirator, without also concluding that the defendant constructively possessed the contraband actually and solely possessed by another.
Justice Britt Grant appears, like Newsom and Branch before her, to be a mainstream conservative nominee to the Eleventh Circuit. Justice Peterson reasoned as follows:Justice Britt C. Grant is President Trump’s third nominee to the Eleventh Circuit. Like Trump’s second nominee, Lisa Branch, Grant worked as a BigLaw commercial litigator and subsequently served as a state appeals courts judge (Grant of the Supreme Court of Georgia, Branch of the Georgia Court of Appeals). This decision is consistent with the text of the statute, and accordingly with our responsibility as judges to apply even complicated statutes as they are written by the General Assembly.Her experience leading cases as party counsel before the Supreme Court of the United States includes one case while she was in private practice and four as Georgia’s Solicitor General:If the Vetting Room is to remain a fact-oriented and balanced portrait of Trump’s judicial nominees–something many of us value–it will have to avoid superficial and possibly misleading observations like the ones above.As to the variance in the indictment, the majority opinion now had this to say:Caldwell suggests that a total failure to comply with Section 6.5 would nevertheless be a discretionary act entitled to official immunity. This interest appears to be a family affair, as her husband once worked at the CIA.
They’re saying, “It’s only the status quo, don’t worry.” But the status quo may have changed since the retiring judge was appointed to that court. But the dissent’s approach does not add clarity either, seeking to extend a rationale that we have already deemed to have “fallacies.”Republicans make this argument to mask their nominees’ very conservative tilt. I don’t know what the political makeup of Oregon was in 1986. But I know what it is now. Although Grant–if confirmed–will be replacing an Obama appointee, Julie Carnes, the replacement will not likely have an immediate effect on the ideological balance of the court because Carnes herself most frequently votes in divided cases with her more conservative colleagues (as did the judge that Lisa Branch replaced, Frank Hull).
Grant received her bachelor's degree from Wake Forest University in 2000 and her J.D. The majority suggests that: “An action or failure to act is either discretionary or not, and an official cannot alter that fact by doing it well, poorly, or not at all.” I disagree with this statement, and, more fundamentally, I disagree with the majority’s decision to expound upon the issue at all.