If this was a street beating, the judge would be in ICU! The other judges lay out the reasons why the Hawaii judge erred to an unprecedented level. In fact, he has in his warped opinion, created a constitutional crisis and exposed the danger of letting advocates inside the judicial system. You can bet the ninth will suffer for it- and they know it.
In one of the most ruthless opinions issued of fellow panel judges, five judges from across the political spectrum in the Ninth Circuit went out of their way to issue an opinion about a dismissed appeal, to remind everybody just how embarrassingly bad the prior Ninth Circuit stay panel decision was on Trump’s travel ban. The five judges included the famed, and most respected intellectual amongst the Ninth Circuit, Alex Kozinski. The others included Jay Bybee, Consuelo Callahan, Carlos Bea and Sandra Ikuta. Nobody other than the original panel came to the defense of the original panel decision, a less than promising start for future approvals of district court interference in Presidential immigration policy.
The language of the opinion was almost Scalian: the five Ninth Circuit judges noted their “obligation to correct” the “manifest” errors so bad that the “fundamental” errors “confound Supreme Court and Ninth Circuit precedent.” The district court questioned any judge issuing a “nationwide TRO” “without making findings of fact or conclusions of law” on the merits of the matter and conducting published opinions on seminal matters of national security based on “oral argument by phone involving four time zones.”
Aside from the procedural defects of the process, the five panel jurists then noted the deep legal problems with the panel’s order: its a-historicity, it’s abdication of precedent, and its usurpation of Constitutionally delegated Presidential rights. Mirroring much of the Boston judge’s decision, the five judges then detail and outline what other critics, skeptics and commentators have noted of the prior panel decision, including critical commentary from liberal law professors and scribes Jonathan Turley, Alan Dershowitz, and Jeffrey Toobin. The original 3-judge panel “neglected or overlooked critical cases by the Supreme Court and by our making clear that when we are reviewing decisions about who may be admitted into the United States, we must defer to the judgment of the political branches.” Of particular note, the five panel judges note how the 3-judge panel decision in “compounding its omission” of Supreme Court decisions and relevant sister Circuit precedents, also “missed all of our own cases” on the subject. The 5 judges conclude the panel engaged in a “clear misstatement of law” so bad it compelled “vacating” an opinion usually mooted by a dismissed case.
Read the whole article. It is stunning in its dismissal of the whole opinion. In Maryland, another former Obama acolyte, and now judge, thinks he might force Trump to increase the number of Muslim immigrants by demanding he do it, as a simple district judge. Another crisis created out of whole cloth by judges who should be slapped across the nose for trying it. The Senate is doing just that, and you can bet Trump will sign it.
As judges on the 9th Circuit Court of Appeals weigh the legality of President Trump’s immigration executive order, a Republican push to split up the controversial court — and shrink its clout — is gaining steam on Capitol Hill.
Republican Sens. Jeff Flake and John McCain of Arizona introduced legislation last month to carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit.
They argue that the 9th is too big, too liberal and too slow resolving cases. If they succeed, only California, Oregon, Hawaii and two island districts would remain in the 9th’s judicial fiefdom.
Right now, Flake said, the circuit is far too sprawling.
“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake told Fox News on Wednesday. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”
Flake says it typically takes the court 15 months to hand down a decision.
“It’s far too long,” he added.
Conservatives have mocked the 9th Circuit for years, often calling it the “Nutty 9th” or the “9th Circus,” in part because so many of its rulings have been overturned by the U.S. Supreme Court.
The court has a reputation as one of the most liberal in the country, in large part because of its makeup. Eighteen of the court’s 25 active judges have been appointed by Democrats. Former President George W. Bush appointed six justices, while former President Barack Obama appointed seven.
Unless Congress runs into a problem, you can bet the ninth’s days are numbered and they know it. It’s long overdue.