Bush Shifts Nominee for Appeals Court
Law & Politics
President Bush on Tuesday shifted a controversial federal appeals court nominee from one opening to another to satisfy Senate Democrats.
In a nod to the Senate's new Democratic leadership, Bush withdrew the nomination of Norman Randy Smith of Idaho for one seat on the San Francisco-based 9th U.S. Circuit Court of Appeals and nominated him for a different seat.
Federal appeals court seats traditionally stay in the hands of judges from the same states. Bush nominated Smith to a 9th Circuit seat held by a judge who lived in Idaho but previously had lived in California.
Sen. Dianne Feinstein, D-Calif., a Judiciary Committee member, threatened to block the Smith nomination, contending the seat was a California seat. She argued that if Smith were confirmed, California would be underrepresented on the nation's largest federal appeals court.
Only last week Bush resubmitted Smith's name to the Senate for the California seat, which had been held by Judge Stephen Trott, On Tuesday he withdrew that nomination and nominated Smith to replace Thomas G. Nelson of Idaho.
Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., welcomed the move, saying that Bush had "avoided a needless fight over a judicial nominee."
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.