LEGAL Trump nominates two more for Ninth Cicuit Court

[Doomer Doug]

Among Trump's campaign promises back in 2016, was his statements about appointing "conservative judges," to the Federal Court system. Besides his two SCOTUS confirmations, Trump has now had confirmed over 150 assorted Federal Judges. In particular, Trump has taken umbrage at the raving lunatics on the Ninth "Circus" Court, a court I might add that had held the distinction, for years and years now, of having the highest percentage of its increasingly delusional decisions overturned by the US Supreme Court.

It is with great pleasure that Doomer Doug highlights that Trumps efforts to "flip," the raving lunatics on the 9th Circuit, and you really do have to study their court decisions to find out just how truly INSANE THEY CONSISTENTLY RULE, are starting to reach critical mass. Alfa man, read and enjoy!

At any rate, read and enjoy, and think about all the liberals now foaming at the the mouth as the fruitcake court gets smacked back into some kind of mental health.

https://dailycaller.com/2019/09/20/9th-circuit-bumatay-vandyke/

President Trump Is Stacking The 9th Circuit


Kevin Daley
Supreme Court correspondent
September 20, 2019 3:46 PM ET

President Donald Trump named two more appointees for the 9th U.S. Circuit Court of Appeals on Friday.
With Friday’s announcement, there are three nominees pending for the 9th Circuit. If confirmed, Trump will have appointed 10 of the 9th Circuit’s 29 judges.


Friday’s nominees, Patrick Bumatay and Lawrence VanDyke, are both attorneys at the Department of Justice.

President Donald Trump named two nominees for the 9th U.S. Circuit Court of Appeals on Friday, tapping a federal prosecutor and a conservative appellate lawyer for the west coast court.

The nominees, Patrick Bumatay and Lawrence VanDyke, are likely to elicit strong opposition for Democrats. If confirmed, the pair would raise the number of Trump’s 9th Circuit appointees to nine, with one other nomination pending.

Trump has clashed frequently with the 9th Circuit, which upheld injunctions against top administration policy priorities like the travel ban. His criticisms drew a rare rebuke from Chief Justice John Roberts, who rejected Trump’s charge that judges are sometimes motivated by politics.

Friday’s nomination is the latest twist in Bumatay’s meandering path to the federal bench. Trump nominated Bumatay to the 9th Circuit in October 2018 over the objections of California Democratic Sens. Dianne Feinstein and Kamala Harris, but his nomination lapsed with the end of the previous Congress. Thereafter, Trump nominated Bumatay to a federal trial court in southern California. That nomination was pending before the Senate until Friday, when the president changed course and named Bumatay to the 9th Circuit.

Bumatay currently advises senior officials at the Department of Justice on organized crime, incarceration and the national opioid strategy, according to a dossier compiled by supporters of his nomination. In that capacity, he helps manage federal law enforcement agencies like the Drug Enforcement Agency (DEA) and the Federal Bureau of Prisons. Before coming to Washington D.C. in 2017 he was a federal prosecutor in southern California.

 

[Green Co.]

Glad to see something getting done about the 9th Circus.

 

[Dux]

They've turned the left coast into a hypodermic-infested shit hole. Looking forward to the return of law and order.

 

[Shacknasty Shagrat]

The D's will fight this big time.
It makes or could make a 15-14 split.
'And the great big saw came nearer and nearer.'
SS

 

[Ben Sunday]

Bumatay seems rather impressive. That goes double because idiots like Fineswine and Hairyass immediately voiced their objections to him. Present assignments aside it seems like he could be a powerful figure on the 9th Circuit.

Trump has made inroads with his restructuring of the inhabitants of the 9th Circuit bench.

 

[Walrus Whisperer]

YES!

 

[night driver]

It's interesting that the Cali Senators are SO ANTI Bumatay. After all he IS openly gay...

 

[seraphima]

Trump has quietly and steadily doing one of the most important things any president could do to keep a more conservative approach to government alive - nominating sane judicial candidates. I am so grateful that when the current leftist insanity pendulum swings back toward reasonable centrism and even conservativism that there will be more conservative judges to sustain the change. Trump is laying in the essential groundwork for many years of sanity, and I am so grateful!

 

[TammyinWI]

An openly gay man is conservative? How come Feinstein and Harris objected, because it wasn't a gay woman?

I am not familiar with either one, and maybe the other guy is a good person, in all fairness.

 

[Buick Electra]

btt

 

[Doomer Doug]

Conservative Gays

It is not true that "all gays" are Marxist Democrats, since they come in all shades of political thought. I knew a gay guy who was into hunting and guns. It sure freaked out some of my other gay friends when he started talking about his AR-15.

At any rate, Trump is peeling off one special interest group of the Marxist Democrats at a time, blacks, hispanics, gays etc. One of the reasons the Marxist Democrats are foaming at the mouth over Trump is he is getting significant political support from "their" groups.

Trump is not a conservative in the traditional Republican sense, either RINO or Corporate whore. If Trump can avoid impaling himself on gun control, and he can prevent the Marxist Democrats from stealing the 2020 election, which they are planning to do, he will win.

Trump is getting the evangelicals because he is appointing conservatives to the Federal bench. A lot of us are just going to hold our noses in 2020, look at the raving lunatics the Marxist Democrats run fro Prez, and vote for Trump.

The court appointments are really a slow motion revolution and the Democrats hate Trump for them.

 

[Doomer Doug]

bump for the day crew. I SMELL VICTORY!

 

[Doomer Doug]

Here is more info.

https://dailycaller.com/2019/09/22/trump-9th-circuit-appointments/

President Trump Has Made Some Real Progress Changing The 9th Circuit Court Of Appeals


Kevin Daley
Supreme Court correspondent
September 22, 2019 9:31 PM ET

President Donald Trump has made seven appointments to the 9th U.S. Circuit Court of Appeals, in what could be the beginning of a steady transformation to his chief judicial adversary.
If the Senate confirms the president’s remaining nominees, the 9th Circuit will have 16 Democrat-appointed judges and 13 Republican appointees, as compared to an 18-to-seven split when Trump took office.
The president named two more 9th Circuit nominees, Patrick Bumatay and Lawrence VanDyke, on Friday.

Judge Stephen Reinhardt, once the liberal lion of the 9th U.S. Circuit Court of Appeals, had a stock response whenever he was asked why he wrote decisions that had little chance of surviving Supreme Court review.

“They can’t catch them all,” Reinhardt would quip.

It was the kind of display that inflamed conservative animosity for the 9th Circuit. Reinhardt’s oft-used crack was no mere jest. It reflected his belief in the judicial duty to unleash the full potential of the Constitution as a means for justice and social progress. His was an activism of Warren-court vintage that for decades made a home on the 9th Circuit.

Reinhardt was still in active judicial service when he died in March 2018, meaning it was for President Donald Trump to replace him. The death of an iconic progressive cause lawyer turned federal judge, and his succession by a young movement conservative, placed in sharp relief the Trump administration’s determined campaign to slowly transform the nation’s largest appeals court.

That story is not yet a triumphalist one. Though Trump has made more appointments to the 9th Circuit than any other federal appeals court, Democrat appointees still maintain a majority. What’s more, the judges he has appointed have only served for a brief time, making assessments premature. Still, the president has stacked his chief judicial adversary with a roster of increasingly conservative personnel, with additional confirmations expected before the end of 2019.

The president has made seven appointments to the 9th Circuit. When Trump took office there were 18 Democrat appointees, seven Republican appointees, and four vacancies on that court, according to a Brookings Institution tabulation. As of this writing, there are 16 Democrat appointees and 12 GOP appointees with one vacancy remaining.

Whether Trump’s appointments have prompted a reorientation of the court is a debatable proposition. Three of Trump’s nominees succeeded Republican-appointed judges. Though one of those retired judges, Alex Kozinski, was an unconventional jurist, on balance those three appointments did not change the 9th Circuit’s ideological balance.

What’s more, one of the four Democrat appointees Trump has replaced, Judge Richard Tallman, was a Republican former President Bill Clinton appointed as part of a deal with GOP lawmakers from Washington state. A second Clinton appointee Trump replaced, Judge Barry Silverman, was a bipartisan pick who was confirmed with the support of Arizona GOP Sens. John McCain and Jon Kyl.

As such, Trump has not moved the jurisprudential needle much in many cases, University of Richmond School of Law Professor Carl Tobias told the Daily Caller News Foundation.

“You’re getting a much younger person of course, but with not terribly different views,” Tobias said of Trump appointments.

Tobias noted that Trump has replaced two genuine liberals — Reinhardt and fellow Carter appointee Judge Harry Pregerson. That’s made a difference, albeit a modest one.

“They’re closing the gap in terms of Republican appointees vis-a-vis Democratic appointees, but not dramatically,” Tobias said. (RELATED: Trump Judicial Pick, A Child Of Jewish Refugees, Calls Racism Allegations ‘Hurtful’)

Even while Republican-appointed judges remain a minority on the 9th Circuit, their increased numbers are meaningful. The circuit courts process appeals through randomly assigned three-judge panels. As a general matter, all judges on a given circuit court are bound to follow panel decisions. The uptick in Republican-appointed judges means the 9th Circuit is more likely to produce right-leaning panels.

The administration reaped the benefits of those improved odds in a lawsuit over the president’s asylum restrictions. The new rule, subject to certain exceptions, would deny asylum to migrants who passed through another country on their way to the U.S. without first seeking protection there. U.S. District Judge Jon Tigar in San Francisco entered a nationwide injunction barring enforcement of those restrictions in July.

On appeal, a three-judge 9th Circuit panel that included a Trump appointee trimmed Tigar’s order, ruling that the injunction would apply only within the 9th Circuit, and not on a nationwide basis. In effect, that meant the asylum restrictions would be in force at the border in Texas and New Mexico, but not Arizona and California.

Though the move sounds modest, it had substantial policy implications, as most asylum-seekers arrive at the border in Texas. As such, Tigar’s injunction applied only to a small minority of asylum-seekers. The Supreme Court lifted Tigar’s injunction Sept. 11.

The decision a three-judge panel renders is itself appealable to either the Supreme Court or the full circuit court. On rare occasions, a full circuit court decides to review a panel decision. Those cases are called en banc appeals. On the mammoth 9th Circuit, an 11-judge panel will hear an en banc appeal. With more Republican-appointed personnel on the bench, there is a higher chance of producing a conservative en banc panel.

In recent decades conservative judges have served another important function on the 9th Circuit — flagging cases for Supreme Court review. Judges periodically write dissents when an en banc court declines to review a panel decision. Those dissents often read like unsubtle invitations for Supreme Court intervention.

One Trump-appointee on the 9th Circuit, Judge Ryan Nelson, recently wrote such an opinion. In June, the full 9th Circuit declined to rehear a panel decision that revived a teacher’s lawsuit against her former employer, a Catholic elementary school. The legal question in that case involves the scope of the ministerial exception, a rule that exempts religious institutions from certain federal employment laws. Nelson dissented after the full 9th Circuit declined to review the panel decision. Eight other judges joined Nelson’s dissent, Republican appointees all.

“Not once, not twice, but three times now in the last two years, we have departed from the plain direction of the Supreme Court and reversed our district courts’ faithful application of Supreme Court precedent,” Nelson’s dissent reads.

The school’s petition is pending before the high court.

A priority for conservatives

The 9th Circuit’s jurisdiction sprawls over much of the globe, encompassing remote Pacific atolls, the arid deserts in the American southwest, and those remote reaches of Alaska that ttouch the Arctic Circle. With a population of approximately 60 million, one in five Americans are subject to the 9th Circuit’s dictates.

Trump has clashed frequently with the 9th Circuit, which upheld injunctions against top administration policy priorities like the travel ban.

“I think it’s a disgrace when every case gets filed in the 9th Circuit,” Trump said. “That’s not law, that’s not what this country stands for. Every case that gets filed in the 9th Circuit, we get beaten and then we end up having to go to the Supreme Court, like the travel ban, and we won.”

His criticisms drew a rare rebuke from Chief Justice John Roberts, who rejected Trump’s charge that judges are sometimes motivated by politics.

That critique is common, but somewhat amiss. It is true that some 9th Circuit judges clashed openly and brazenly with the Supreme Court’s increasingly conservative personnel. Indeed, the high court has reversed about 80% of the 9th Circuit cases it’s reviewed in recent years. Yet the reasons for that high reversal rate aren’t exclusively attributable to judicial politics.

In a given year, the 9th Circuit processes about one-fifth of cases that enter the federal courts. As such, it is more likely to generate the kind of disagreements among federal courts that provoke Supreme Court review. What’s more, the 9th Circuit covers a political-social system that is uniquely complex and heterogenous, giving rise to especially difficult legal questions.

Still, conservatives were so frustrated with the 9th Circuit’s liberal valence that congressional Republicans explored splitting the court. Three 9th Circuit judges — Kozinski, Judge Carlos Bea, and Chief Judge Sidney Thomas — testified before a House committee on the subject in 2017. The trio opposed the idea.
Ninth Circuit Judges Sidney Thomas, Carlos Bea and Alex Kozinski (L-R) during a House Judiciary Committee hearing on March 16, 2017. (Justin Sullivan/Getty Images)

Ninth Circuit Judges Sidney Thomas, Carlos Bea and Alex Kozinski (L-R) during a House Judiciary Committee hearing on March 16, 2017. (Justin Sullivan/Getty Images)

The GOP cited administrative concerns, not ideological disagreement, when pressing the idea. With an enormous number of filings to manage, Republicans argued that the 9th Circuit cannot guarantee speedy disposition of cases, leaving unhappy litigants with lengthy turn-around times.

 

[naturallysweet]

This is why never trump republicans are really democrats. Trump doesn't have to do anything more than this to be the best president of our lives.

 

[Doomer Doug]

I no longer consider either of Utah's so called Republican Senators, Lee and Romney, to be anything else than RINOS, Republicans in Name Only. Romney in particular is a farce, totally corrupt and just a real loser.

When you take out the RINOS from the 53 Republican Senate Majority, I am amazed Trump is getting any judges confirmed at all. The voters in Utah have a lot to answer for in giving us these two globalist stooges.

 

[GammaRat]

Romney is a POS.

I can't believe the Republican party nominated McCain, and Romney as their presidential candidates. Both Bushes were bad enough! The Republican party is such an embarrassment.

Reagan, Perot, and Trump are the only candidates that I can proudly claim that I voted for...