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Author: Enough Already   Posted: 02/13/2018  Edited: 06/19/2018

9th Circuit Court: Biased Decision Vs Trump Immigration EO?

What it is.

The 9th Circuit Court of Appeals covers 7 Western states, Alaska, Hawaii and Guam.1  The court includes the 9th Circuit Court of Appeals and district and bankruptcy courts in 15 federal districts.  The district courts are authorized 112-179 judges each who are appointed for life by the President  (currently 15 vacancies) 2 .  The 9th Appeals Court is authorized 29 judges (currently 4 vacancies)- when the Senate is in recess judges can be appointed without Senate approval.   This court, with 29 judges, is twice the size of any other court, because it is very busy.

A total of 55 appeals court judges were approved during the Obama Presidency, including 7 for the 9th District Court of Appeals.  The 9th Circuit Court now consists of 18 judges appointed by a Democrat and 7 appointed by a Republican President.3 Republican appointees (since 1980)  have outnumbered those appointed by Democrats on once (1992).
 
Cases in the Appeals Court are usually heard by a three judge panel (appointed by the Chief Judge) but,  if requested (and approved), may be heard by all (or most) of the sitting judges.  Any judge on the court may also request an "en banc" review (apparently anonymously).  The 9th Circuit is an exception, the panel is limited to 11 randomly selected judges.  This means that the larger panel would likely be dominated by judges appointed by a Democrat.  

The 9th Circuit Court of Appeals is easily the busiest of all circuit courts, generally hearing at least twice the number of cases as any other circuit court.  In the 12 months ending June 30,  2015 the Court heard 11,973 cases.  These cases are divided into 4 categories: prisoner (2,724), criminal(1,513), administrative(3,664) and other(4,072).4  The 'Other' category would apply to the Trump Immigration Executive Order 

Biased?

This Appeals Court is known to be one of the most liberal of all (but not the only - the 2nd and the 3rd are also considered among the most liberal). Evidence for 'liberalness' is based on the reversals, on several clearly leftist decisions (that the pledge of allegiance was unconstitutional because it refers to God and that Megan's law was unconstitutional) and on the 'political' composition of the court. The political split for all 13 courts is 54% democrat and 44% Republican.  The 9th is 28% Republican and 72% Democrat, only the 11th has more democrats (73%).4  The most skewed court of all is the 8th (89% Republican appointees).  
 
Supreme Court reversal rates, if calculated as reversals vs total cases, are very low (the Supreme Court only reviews about 100 cases per year).  Reversal rates, if calculated as reversals vs reviewed cases are another matter.  This  measure puts reversal rates for the 9th Appeals Court at around 80%, higher than virtually all other districts.  An analysis of data for 1999-2008 by the American Bar Association ranked the 9th Court as the worst of all (except the Federal Circuit Court).5,6

Does political affiliation mean a judge will be biased on way or the other?  In theory no, judges' decisions are supposed to be based on the law and the constitution.  In fact, yes otherwise why would Hillary have said we need more judges with 'life experiences' - meaning more biased judges.

Why does it matter?

The loony left is going to take every EO, every eliminated regulation, every decision made by Trump to court.   The recent decision by the 9th Appeals Court that blocked Trump's Executive Order on vetting for visas was clearly a political decision.   The liberals clearly hope to delay the entire process for as long as possible, waiting for what - unknown.  They cannot win on legal grounds!  They have to rely on violent protests and restricting free discussion, which is also a losing strategy.  Trump is moving so fast and doing so much to strengthen America that they will never keep-up.


1) http://www.ca9.uscourts.gov/ content/view.php?pk_id=0000000135.
2) http:// www.ce9.uscourts.gov/ninthcircuit/ magistrate_judges.html and http://www.ce9.uscourts.gov/vacancies/Judicial_vacancies.pdf.
3) https://en.wikipedia.org/wiki/Judicial_ appointment_history_ for_ United_States_federal_courts#Partisan_mix_of_the_circuit_courts.
4) http://www.ce9.uscourts.gov/statistics/appeals_court.pdf.
5) http://www.americanbar.org/content/dam/aba/ migrated/intelprop/magazine/LandslideJan2010_ Hofer.authcheckdam.pdf, 
6)http://www.nytimes.com/2010/04/25/us/25sfninth.html.

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Comment by: Guest   Posted: 06/08/2018
And they are still at it!
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