GOP Proposes Bill to Break Up the Most Liberal Court in America
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February 9, 2017
Over the past several days, the liberal 9th Circuit Court of Appeals has made headlines because it it is currently reviewing President Donald Trump’s Executive Order limiting travel from terror-prone countries.
Given the court’s far-left reputation, many believe that the 9th Circuit will allow a lower court judge’s stay on the president’s Executive Order to remain in place, likely resulting in a showdown in the U.S. Supreme Court.
Even though some legal scholars say President Trump is within his constitutional boundaries to restrict travel from different countries, the liberal court has been known to inject their political agenda into many court rulings, which often get reversed by the Supreme Court.
Now, two Republican senators, Jeff Flake and John McCain of Arizona, have introduced legislation to “carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit.”
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Bill to split 'nutty 9th Circuit' gains momentum http://fxn.ws/2kvR8Uf
6:30 AM - 9 Feb 2017
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Republicans push bill to split up ‘nutty 9th Circuit’
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...
foxnews.com
From Fox News:
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.
So, just how liberal is the 9th Circuit Court of Appeals? In recent years, the court has made some astonishing rulings that have been overwhelmingly slapped down by the U.S. Supreme Court. In June of 2016, the court essentially banned the Second Amendment, ruling in a 7 to 4 decision “there is no Second Amendment right for members of the general public to carry concealed firearms in public.” During that same year, the court also ruled that a state can force pro-life pregnancy centers to promote abortion services when counseling patients.
And let’s not forget what happened in 2002, when the court ruled that requiring students to cite the pledge of allegiance “violated their rights to be free of religious indoctrination by the government” before reversing itself.
Trump most likely agrees with Flake and McCain on this one, given his strong words against the court’s ruling on his travel ban:
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If the U.S. does not win this case as it so obviously should,
we can never have the security and safety to which we are entitled. Politics!
4:03 AM - 8 Feb 2017
it is unclear whether or not this piece of legislation will garner enough support to see a change in the 9th Circuit’s jurisdiction, but clearly the court needs to be changed.
