Saturday, February 22, 2020

He hated the 9th Circuit - he fixed it

When President Trump ticks off his accomplishments since taking office, he frequently mentions his aggressive makeover of a key sector of the federal judiciary — the circuit courts of appeal, where he has appointed 51 judges to lifetime jobs in three years.

In few places has the effect been felt more powerfully than in the sprawling 9th Circuit, which covers California and eight other states. Because of Trump’s success in filling vacancies, the San Francisco-based circuit, long dominated by Democratic appointees, has suddenly shifted to the right, with an even more pronounced tilt expected in the years ahead.

Trump has now named 10 judges to the 9th Circuit — more than one-third of its active judges — compared with seven appointed by President Obama over eight years.

[...]

The 9th Circuit court has been dominated by Democratic appointees for decades. In 1978, a federal law created 10 new judgeships on the court, allowing President Carter to fill them all.

[...]

To be sure, some of the new appointees to the 9th Circuit have quickly won the respect of their colleagues. But the rapid influx of so many judges — most without judicial experience — has put strains upon the court and stirred criticism among judges appointed by both Democratic and Republican presidents.

“Ten new people at once sends a shock wave through the system,” a 9th Circuit judge said.

[...]

The biggest change will come in controversial cases that test the constitutionality of laws and the legal ability of presidents to establish contentious new rules. The 9th Circuit is weighing challenges to Trump on a wide array of issues, from immigration to reproductive rights, and the rightward tilt is likely to make it easier for the president to prevail.

[...]

Only two of the 9th Circuit appointees have prior judicial experience — Bridget S. Bade and Danielle Hunsaker. They also are the only women among the court’s new judges.

  LA Times
He put seven people on the country's largest appeals circuit who have no prior judicial experience. And one of them, Lawrence VanDyke was rated "not qualified" by the ABA.

Oh well, they don't need experience or qualification. They just have to know how Trump wants them to rule.

Judge Ryan D. Nelson rattled other members of the court when he suggested during a hearing in August that the 9th Circuit remove a respected San Francisco district judge, Edward M. Chen, from a case. The 9th Circuit rarely takes cases away from district judges and only in extreme situations.

Chen, a former ACLU lawyer, was serving as a federal magistrate when Obama elevated him to the district court. Nelson complained about him during a hearing on a case in which Chen imposed an injunction on a Trump plan to take away protected status from many immigrants.

“You can reverse Ed Chen from time to time, but to suggest from the bench that are you are going to reassign” a case is “off the reservation,” one longtime 9th Circuit judge said. “Ed is an extremely well respected judge.”
Not by the orange one who counts.
In rating VanDyke unqualified for the job, the ABA wrote: “Mr. VanDyke is arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice, including procedural rules.” VanDyke cried during his confirmation hearing when attempting to rebut criticism that he might be unfair to the LGBTQ community.
It worked for Kavanaugh.

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