Friday, May 5, 2017

Prof. Tobias on the 9th Cir. Vacancy Crisis

See Combating the Ninth Circuit Judicial Vacancy Crisis:
This essay initially canvasses the appellate vacancy conundrum’s rise and continued growth. The essay then descriptively and critically evaluates selection throughout President Barack Obama’s administration while reviewing the Ninth Circuit’s present situation. Ascertaining that the dilemma resulted partly from limited cooperation between Democrats and Republicans and the fortuity that multiple Ninth Circuit jurists
chose to assume senior status near the end of President Obama’s tenure, Part III assesses major implications of the vacancy crisis. This section finds that GOP obstruction distinctly exacerbated the rampant partisanship, strident divisiveness, and incessant
paybacks that have clearly eviscerated judicial appointments, phenomena which President Trump could intensify, as exemplified by his corrosive rhetoric directed at judges in the Ninth Circuit and the federal bench more generally. Because those complications restrict the delivery of justice while harming entities and individuals engaged in federal court litigation, the final section proffers suggestions for President Trump and the upper chamber to speedily address the Ninth Circuit openings.
(See pp. 715-19 for discussion of California's seat, referencing District Court Judges Koh, Chen, Curiel, Selna, Gutierrez, as well as Cal Supremes Liu and Cuellar.)

And here's another article, The Importance of Preserving Issues for Appellate Review, which is about Florida law, but has an interesting start: "In 2014, the last year for which data is available, Florida's state courts received 27,305 incoming appellate cases. This put Florida second in the nation for the number of incoming appeals, behind only California. Nationwide, approximately one in five civil trials results in an appeal. These numbers illustrate that litigants must be mindful of the possibility their case could result in an appeal."