President Trump is a man of his word, and he was often criticized for aligning with the Federalist society to help pick and fast track his judicial selections.
It turned out to be a smart alliance as Trump has accomplished a long-held conservative dream: end the liberal 9th circuit court’s reign of terror over the USA.
Mitch McConnell was able to block many of Obama’s more liberal choices and he has moved swiftly with Trump to reshape our judiciary. Elections have consequences.
But make no mistake, Trump had to play hardball, end the blue slip scam and take all the incoming from the media. In short, he is the only guy in the GOP with the stones to make this happen.
From Fox News: For the first time in more than three decades, Republican-appointed judges will soon occupy nearly half the seats on the left-leaning 9th Circuit Court of Appeals — dealing a setback to progressive legal advocates who have long seen the court as a safe bet for favorable rulings.
The radical transformation of the San Francisco-based court is largely the result of President Trump’s aggressive push to nominate conservative judges and bypass traditional consultations with Senate Democrats — a practice that has led to repeated howls of protest from California’s two Democratic senators, Kamala Harris and Judiciary Committee ranking member Dianne Feinstein.
Once Trump’s latest picks to the 9th Circuit, including Ken Lee and Dan Collins, are confirmed as expected and remaining vacancies are filled, 13 of the 29 active seats on the key appellate court will be filled with judges picked by Republican presidents. At this time last year, 16 judges on the 9th Circuit were appointed by Democrats, with only six chosen by Republicans.
“As the 9th Circuit shifts to become more conservative and better parallels the Supreme Court’s ideological baseline, I could only imagine fewer liberal 9th Circuit decisions and fewer overturned 9th Circuit decisions generally,” legal scholar and judicial data guru Adam Feldman, who blogs at Empirical SCOTUS, told Fox News.
“As a general statement, with the death of [Ninth Circuit Judge Stephen] Reinhardt and Trump’s push for conservative judges to fill the circuit, I suspect that there will be a noticeable shift in a portion of ideological case outcomes,” Feldman added.
Cases before the 9th Circuit are typically heard by randomly selected three-judge panels, out of a pool that includes the 29 active judges and a group of several senior status judges, which is currently evenly divided among conservative and liberal jurists. In certain cases, the entire 9th Circuit can choose to hear a case en banc, which would result in a randomly chosen 11-member panel reviewing the three-judge panel’s decision.
In both scenarios, conservative judges will soon have a historically high chance to occupy the majority on the panels. That’s good news for Republicans, who have complained that the 9th Circuit has repeatedly stood in the way of the Trump administration with a slew of injunctions on matters like asylum law and the travel ban, only to later be overturned by the Supreme Court.
“We’re very happy to have these extraordinary nominees,” Carrie Severino, chief counsel for the Judicial Crisis Network, told The Daily Signal in February. “It doesn’t change the [9th Circuit] majority to Republican nominees. But when we are talking about future three-judge panels, the odds are a lot better.”
“Aside from the 9th Circuit, only the Second and Eleventh Circuits currently have a majority of Democratic appointees (the Tenth is tied),” Feuer said. “The Second Circuit is +5 Democratic by my count and the Eleventh is +2 Democratic. Those aren’t very significant differentials — certainly not on par with the Ninth Circuit of yore.”