Blogs 4 Brownback

March 16, 2007

Time for the Ninth Circuit to Go?

Filed under: Defending America,Justice/Law — Sisyphus @ 5:01 am

An interesting article on the Volokh Conspiracy addresses the question:

Advocates of splitting the U.S. Court of Appeals for the Ninth Circuit often point to the court’s high reversal rate by the Supreme Court. An editorial in Monday’s W$J, for instance, noted that the Ninth is 0-8 so far this Supreme Court term. Tallying the Justices’ votes in cases reviewing Ninth Circuit decisions, the justices have gone against the Ninth 67-5.

Accepting that the Ninth Circuit appears to be out of step with the Supreme Court, the interesting question for researchers is why? Some think it is a partial consequence of the court being too big. With so many judges, and without full court en bancs, the argument goes, the Ninth is less able to maintain a coherent jurisprudence. Others argue it’s just a question of ideology, and that the Ninth Circuit has more than its share of independent-minded judicial ideologues. Which, if either, of these is true? And would splitting the Ninth do anything about it?

For those of you unaware of this, the Ninth Circuit (covering such states as California, Hawaii, Washington, Oregon, etc.) is probably the most liberal federal circuit court in the country. If you look up “activist judges” in the dictionary, “Ninth Circuit” will be what you find. The interesting question is, what is to be done about this pointless redoubt of dead-end neo-Bolshevism? It serves no valid purpose whatsoever to waste everyone’s time by letting them continue to churn out legal opinions that will be shot down by the Supreme Court. Splitting them now would give Bush a chance to appoint newer, more conservative judges to their positions, a trend the Brownback Administration could easily continue.

Here’s a good solution from the comments over there:

Let’s split the circuit, making the current 9th fall within the geographic borders of San Francisco.

That way, the 9th will be able to continue playing to its ideological brethren and the new circuit can be for the rest of us

I don’t think I’d have a problem with that.

4 Comments »

  1. I believe that Circuit Justices serve at the pleasure of the president. Why not fire them all, or all of the bad ones as was done with the US Attorneys? We can’t afford this kind of disunity when we’re at war.

    Comment by relee — March 16, 2007 @ 8:06 am | Reply

  2. I think firing them all is a good idea, relee. Unfortunately, the moonbat traitors running our Congress at this point would probably use that as an excuse to stop funding our troops, causing thousands of casualties on a whim. Clearly, Bush is wise to choose his battles carefully at this point.

    Then again, SOMETHING has to be done about this Congress at some point.

    Comment by Sisyphus — March 16, 2007 @ 8:16 am | Reply

  3. Unfortunately, Congress does not serve at the president’s pleasure. LOL. But I’d like to see Boehner and Blunt, at least, replaced with people who knew how to stand up to Pelosi. I haven’t seen two men beaten by a woman this badly since I saw Big Momma’s House last year.

    Comment by relee — March 16, 2007 @ 10:39 am | Reply

  4. “Unfortunately, Congress does not serve at the president’s pleasure.”

    True. But what if Congress is bought by our enemies, like the Legislature in the film “300”? Surely there must be something the President can do against them under the emergency powers provisions of the Constitution.

    Comment by Sisyphus — March 16, 2007 @ 10:47 am | Reply


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