Kent Scheidegger
In some cities with oddball reputations, some residents who’re pleased with that repute sport bumper stickers saying “Preserve [City] Bizarre.”
Ninth Circuit Decide Sidney Thomas, the Chief Decide till pretty just lately, yesterday introduced he takes senior standing efficient upon the appointment of his successor. See the court docket’s press release.
Not talked about within the press launch is that the timing will seemingly allow President Biden to nominate a like-minded successor whereas the Democratic Social gathering nonetheless holds the narrowest doable majority within the Senate, a majority it’s more likely to lose within the November election. That’s, he can appoint somebody favored by the extra criminal-friendly wing of his get together while not having the consent of a single Republican. In different phrases, he can maintain the Ninth bizarre.
The Ninth isn’t fairly as bizarre because it was once. President Obama’s appointments pushed another circuits left, whereas President Trump elevated the variety of judges with sense on the Ninth.
Nevertheless it’s nonetheless fairly bizarre. President Trump didn’t get sufficient appointments to realize parity. The complete court docket repeatedly makes use of its en banc overview authority in a backward method, overruling right selections of three-judge panels whereas letting far-out selections of rogue panels stand. It ought to be doing the alternative. The judges dissenting from these let-stand orders repeatedly warn that the court docket is defying Supreme Court docket precedent and more likely to get a abstract reversal and a scolding, and they’re typically right.
So we are going to see who the President chooses and whether or not the slim Senate majority rubber-stamps the selection. I hope I’m mistaken, however I feel I’m proper.
