Trump Floats Breaking Up 9th Circuit Court Of Appeals
Source: Talking Points Memo
By MATT SHUHAM Published APRIL 26, 2017, 5:58 PM EDT
President Donald Trump floated the idea of breaking up the 9th Circuit Court of Appeals Wednesday, misidentifying it yet again as the court responsible for the nationwide injunction issued Tuesday against his executive order regarding so-called sanctuary cities.
There are many people that want to break up the 9th Circuit, Trump told the Washington Examiner in an interview. Its outrageous.
On Tuesday, Judge Williams Orrick III of the Northern District of California issued a preliminary nationwide injunction against part of an executive order that threatened to withhold federal funding from localities that refused to comply with Immigration and Customs Enforcement detainer requests.
-snip-
Trump told the Washington Examiner that opponents of his policies had gone judge shopping in the circuit a suspicion shared by many Republicans who want to break it up. The Examiner noted that 18 of the circuits 25 active judges were appointed by Democratic presidents. Everybody immediately runs to the 9th Circuit, he said. And we have a big country. We have lots of other locations. But they immediately run to the 9th Circuit. Because they know thats like, semi-automatic.
Read more: http://talkingpointsmemo.com/livewire/trump-floats-breaking-ninth-circuit
Ohioblue22
(1,430 posts)FakeNoose
(32,777 posts)... or so I've heard.
BumRushDaShow
(129,543 posts)(despite the nuclear option backlash by Turtle for the SCOTUS) Democrats now control 9 of the 13 circuits (vs just 1 before 2013), where Obama was able to get those judges in finally.
By JEREMY W. PETERS SEPT. 13, 2014
WASHINGTON Democrats have reversed the partisan imbalance on the federal appeals courts that long favored conservatives, a little-noticed shift with far-reaching consequences for the law and President Obamas legacy. For the first time in more than a decade, judges appointed by Democratic presidents considerably outnumber judges appointed by Republican presidents. The Democrats advantage has only grown since late last year when they stripped Republicans of their ability to filibuster the presidents nominees.
Democratic appointees who hear cases full time now hold a majority of seats on nine of the 13 United States Courts of Appeals. When Mr. Obama took office, only one of those courts had more full-time judges nominated by a Democrat.
The shift, one of the most significant but unheralded accomplishments of the Obama era, is likely to have ramifications for how the courts decide the legality of some of the presidents most controversial actions on health care, immigration and clean air. Since todays Congress has been a graveyard for legislative accomplishment, these judicial confirmations are likely to be among its most enduring acts.
<...>
The imprint of the Obama judges is already being felt. In July, when the United States Court of Appeals for the Fourth Circuit issued an opinion declaring Virginias same-sex marriage ban unconstitutional, the author was an Obama appointee, Henry F. Floyd. That court now has 10 full-time judges appointed by Democratic presidents and five who are Republican appointees. When Mr. Obama took office, the court had a majority of Republican appointees.
https://www.nytimes.com/2014/09/14/us/politics/building-legacy-obama-reshapes-appellate-bench.html
uppityperson
(115,681 posts)EllieBC
(3,042 posts)Can he do that????
irisblue
(33,034 posts)Hawaii(aka that island in the Pacific)
Alaska
Montana
Idaho
Washington
Oregon
California
Arizona
Nevada
Also covers
Guam
Northern Marinas Islands
Geographically huge. 20 % of the United States population loves there. Their Circuit Judge is Anthony Kennedy.( A personal hero)
I live in the 6th Circuit
Michigan
Ohio
Tennessee
Kentucky
Good sized but not geographically large. The Circuit Judge here is Elena Kagan(yeah for me!)
Both Circuit Courts were set up in Dec 1869
To be fair in March 2007 Justices Kennedy& Thomas(ugh) did testify before a House Appropriations Committee that the circuit was too large and unwieldy.
I am not an attorney or a scholar, I wrote a paper on this years ago. All this info is from Wikipedia.(I had to use the library all that time past).
And I can image the Dem Senators & Reps going......"yeah?!?"