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Trump has Opportunity to Dismantle ‘Nutty Ninth’ District Courts

<p>Trump suggested last April that he was thinking about breaking up the ultra-liberal Ninth Circuit Court of Appeals following its repeated attacks on his immigration policies&period; Now&comma; he actually has the chance to do it&period;&nbsp&semi;<&sol;p>&NewLine;<p>&ldquo&semi;The most liberal appeals court in America could soon be getting a Republican makeover if President Trump and Senate GOP leaders are able to fill seven open seats with conservative picks&comma;&rdquo&semi; reported <em>Fox News<&sol;em> on Tuesday&period; Standing in Trump&rsquo&semi;s way is an army of Democrats determined not to let him disrupt the massive&comma; leftwing court&period;&nbsp&semi;<&sol;p>&NewLine;<p>The Ninth Circuit Court is the largest federal appellate court in the country&comma; overseeing cases in California&comma; Nevada&comma; Arizona&comma; Alaska&comma; Oregon&comma; Nevada&comma; Washington&comma; Montana&comma; and Hawaii&period; The court was established in 1891&comma; when only 4&percnt; of the US population lived in those states&period; Today&comma; this region is home to over 64 million people&period;&nbsp&semi;<&sol;p>&NewLine;<p>The Ninth Circuit has 29 judges and 7 vacancies&period; The current political split is 16-6&period; The most recent spot opened up in late March when Judge Stephen Reinhardt died unexpectedly of a heart attack&period;&nbsp&semi;<&sol;p>&NewLine;<p>&ldquo&semi;Adding seven conservatives to the court would very much affect its ideological balance&comma;&rdquo&semi; says UC Berkeley dean Erwin Chemerinsky&period; &ldquo&semi;It would push the court much further to the right&period;&rdquo&semi;<&sol;p>&NewLine;<p>Such a move could substantially alter the court&rsquo&semi;s complexion for decades to come&period;&nbsp&semi;<&sol;p>&NewLine;<p>The&nbsp&semi;Ninth Circuit has been politically unbalanced since the late 1970&rsquo&semi;s&comma; when a key expansion allowed President Jimmy Carter to appoint 15 liberal judges to the court&period; President Obama appointed seven justices to the Ninth Circuit during his time in office&period; His predecessor&comma; George W&period; Bush&comma; appointed six&period;&nbsp&semi;<&sol;p>&NewLine;<p>The court&rsquo&semi;s political imbalance has earned it nicknames like the &ldquo&semi;Ninth Circus&rdquo&semi; and &ldquo&semi;Nutty Ninth&period;&rdquo&semi; Nearly 80&percnt; of the court&&num;8217&semi;s rulings that make it to the Supreme Court are overturned&period; In 2016&comma; that percentage jumped to 88&percnt;&period;<&sol;p>&NewLine;<p>&ldquo&semi;It just shows everyone how broken and unfair our Court System is&comma;&rdquo&semi; tweeted Trump in January after a California judge blocked the Trump Administration from shutting down the DACA program&period; &ldquo&semi;When the opposing side in a case &lpar;such as DACA&rpar; always runs to the 9th Circuit and almost always wins before being reversed by higher courts&period;&rdquo&semi;<&sol;p>&NewLine;<p>Despite Trump&rsquo&semi;s criticisms&comma; filling the Ninth&&num;8217&semi;s vacant spots hasn&&num;8217&semi;t been a priority&period; There were four spots open when Trump was elected&comma; and now there are seven&period; So far&comma; he&rsquo&semi;s only made two nominations &lpar;Ryan Bounds and Mark Bennett&rpar;&period; Even if he managed to fill all seven seats&comma; Democrats would still outnumber Republicans 16-13&period;<&sol;p>&NewLine;<p>Trump&rsquo&semi;s success in changing the DNA of the Ninth Circuit will hinge on the midterm elections in November&comma; says Chemerinsky&period; If Republicans maintain control of the Senate&comma; &ldquo&semi;I think ultimately Trump will get his picks through unless they are unqualified or very objectionable&period; But if the Democrats take the Senate in November&comma; I think it will be very difficult for him to get anyone confirmed&period;&rdquo&semi;<&sol;p>&NewLine;<p>The next challenge will be to prevent blue slip nonsense that could block Trump&rsquo&semi;s nominations&period;<&sol;p>&NewLine;<p>&ldquo&semi;With many states in the Ninth Circuit having two Democratic senators&comma; it makes it tricky to get through committee with the way the parliamentary games are played in the Senate&comma;&rdquo&semi; says Ilya Shapiro of the libertarian Cato Institute&period;&nbsp&semi;<&sol;p>&NewLine;<p>Home state senators in the past have been able to block nominees by refusing to return a &ldquo&semi;blue slip&rdquo&semi; to the Senate Judiciary Committee&period; This loophole has been utilized by both parties to block judicial nominees&period;&nbsp&semi;<&sol;p>&NewLine;<p>&ldquo&semi;It&rsquo&semi;s no secret that President Trump and Republicans want to reshape the Ninth Circuit and we will not accept unwarranted&comma; partisan attacks on our courts&comma;&rdquo&semi; says Senator Dianne Feinstein &lpar;D-CA&rpar;&period; &ldquo&semi;I am fully committed to ensuring that Ninth Circuit nominees reflect our state&rsquo&semi;s communities and values and are well-regarded by their local bench and bar&period;&rdquo&semi;<&sol;p>&NewLine;<p><strong>Editor&&num;8217&semi;s note&colon;<&sol;strong> Many say the most important accomplishment of the Trump administration to make the courts conservative again&period;<&sol;p>&NewLine;

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