Thursday, October 17, 2019
Hawai'i Free Press

Current Articles | Archives

Tuesday, July 30, 2019
​Judges Seated by Trump Begin to Transform ‘9th Circus’
By Heritage Foundation @ 2:16 PM :: 1078 Views :: Judiciary

Judges Seated by Trump Begin to Transform ‘9th Circus’

by Fred Lucas, Heritage Foundation Daily Signal, July 29, 2019

The Trump administration gained a rare victory this summer in the most unlikely of venues—the 9th U.S. Circuit Court of Appeals, which is widely viewed as the most liberal federal appeals court.    

One big reason: President Donald Trump’s appointments to the 9th Circuit have moved it closer to ideological balance.

The court, long known for being both liberal and among the most overturned circuits, has been a thorn in Trump’s side, ruling against the president multiple times, mostly on immigration policies.  

The confirmation of Trump nominee Daniel Bress in July gave the president his seventh judge on the court. It also brought the once lopsided appeals court to 16 Democrat appointees and 12 Republican appointees, with one remaining vacancy. 

The administration won a 3-0 victory in June regarding a Department of Health and Human Services policy to restrict funding for family planning clinics that perform abortions. 

While Trump hasn’t flipped the majority on the entire 9th Circuit, his progress increases the likelihood that randomly drawn three-judge panels will have more originalists, said Travis Weber, vice president for government affairs at the Family Research Council. 

“The new judges will increase the credibility of this court,” Weber told The Daily Signal, noting that it long has been derided by conservatives as the “9th Circus.” 

“We should have judges that interpret the Constitution rather than activists trying to legislate from the bench, which we’ve seen from the 9th Circuit,” he said. 

Weber noted that most recently, the 9th Circuit has been the go-to venue for liberal activists seeking to block the agenda of the Trump administration.

This includes policies denying federal funds to “sanctuary cities,” which are local jurisdictions that refuse to assist federal immigration agents. 

The court also has thwarted the administration’s “extreme vetting” policy designed to prevent migrants from failed states, including several majority Muslim countries, from coming to the United States. 

The California-based 9th Circuit is the nation’s largest appeals court, encompassing California, Alaska, Arizona, Montana, Nevada, Hawaii, and Oregon. It now has more Trump-appointed judges than any other appeals court, according to Bloomberg News.  

The 9th Circuit is responsible for about 40% of the United States and 30% of all appeals, says Sen. Steve Daines, R-Mont., who wants to split up the circuit to produce more fair hearings for Montana residents. 

Senate Judiciary Chairman Lindsey Graham, R-S.C., commented in January: “I’m very supportive of the nominees submitted by President Trump to serve on the 9th Circuit Court of Appeals. … These nominations continue a trend by the Trump administration of selecting highly qualified men and women to serve on the federal bench.”

Judicial nominees have been one of Trump’s crowning achievements, as he has named more than 40 appeals court judges as well as two Supreme Court justices. While not having as much success at the district court level, the president has secured some 80 confirmations. 

“It would take a long time, if it ever happens, before the full 9th Circuit has enough constitutional judges for a pattern to take effect,” Thomas Jipping, deputy director of the Edwin Meese Center for Legal and Judicial Studies at The Heritage Foundation, told The Daily Signal. 

Because of Trump’s prolific filling of circuit court vacancies, currently only five of the 179 appeals court judgeships are vacant, Jipping said. But, of those, four seats were held by Republican-appointed jurists, he added. 

To flip a court, Trump would have to replace Democratic nominees with Republican nominees. Even then, it’s not a sure thing to secure originalist interpretations, Jipping said. 

“We tend to focus on the president who appoints the judge as a proxy of who the judges are,” Jipping said. “Republican presidents are more likely to appoint constitutionalists. Democratic presidents are more likely to appoint activists.”

“But every case is different,” he said. “Judges don’t make widgets.” 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT