Thursday, February 28, 2019

Thanks to Trump, the liberal 9th Circuit is no longer liberal

That's the title of Ben Feuer's latest article in The Washington Post:
  • Once the president’s current 9th Circuit nominees are confirmed, there will be 12 GOP appointees among the court’s 29 full-time judges with one vacancy left for the president to fill. Almost half of the bench will lean right. Thanks to Trump, the liberal 9th Circuit will be liberal no more.
  • because the 9th Circuit decides many appeals in three-judge panels composed of both active judges and older, often part-time judges — a group of 18 “senior” judges split 9-9 between Republican and Democratic appointees — these numbers mean any given panel will have a nearly even chance to draw a majority of Republican-appointed judges as Democrat-appointed ones.
  • en banc panels, which are 11-member super-panels typically made up of randomly selected active judges, have a much greater chance of seating a conservative majority than before Trump took office.
  • Trump’s group of nominees includes no slouches. They’re all experienced practitioners with stellar credentials. Accordingly, once fully staffed, the court’s conservative wing will be newly empowered with sharp, young minds capable of steering the law in a more conservative direction over time.