Even far left 9th Circuit soon within reach America’s courts for years have been stacked with leftists, by mostly liberal presidents. They’re the ones who discovered same-sex marriage in the Constitution, have ruled precipitously that transgenders have a right to be in the military, and more.
Most of the focus of this argument is on the U.S. Supreme Court which is considered to be the final arbiter in the country in legal disagreements.
However, that court only takes a tiny fraction of the cases that are decided each year – the rest come to their conclusion in the various appellate circuits.
Where those liberal presidents have appointed leftist judges.
But that could be changing under President Trump.
It’s a report from First Liberty Institute that describes how even the extreme left 9th Circuit could, within a few years, be taking a conservative perspective.
There are 29 judgeships on that bench, and 16 slots now are held by Democrat appointees. Seven were appointed by Republicans, including two recently by President Trump.
But there are six vacancies awaiting appointments, First Liberty pointed out.
To “flip” the circuit from liberal would take Republican appointees to those vacancies, plus having two Democrat appointees retire and replaced by appointees from a Republican president.
“Right now, there are over 140 judicial vacancies that need to be filled, and needless to say, Senate Republicans have their work cut out for them,” the institute said. “And because judges have such profound influence in the way you and millions of Americans live out your faith, we’d like to let you in on a little secret about judicial nominations.”
The report continued, “If you’re an avid First Liberty insider, you know by now that President Donald Trump has had an outstanding record in appointing excellent, originalist judges to our nation’s federal judiciary. And the record pace of confirmations in his first two years in office has indeed had an impact in the make-up of several federal appeals courts.
“But what you may not know is that President Trump’s nominees could lead to a truly dramatic shift in the federal judiciary.”
The institute reminds that party affiliations are not assurances of a judicial perspective, but they can be indicators.
“All that to say, President Trump and Senate Republicans have an opportunity in front of them that may not present itself again. Right now, they have a chance at ‘flipping’ the make-up of the federal courts – which could mean having a majority of originalist judges seated in many of these … circuits. ”
It’s no longer a “lofty goal,” but a “real possibility,” the report explains.
In the Second Circuit, there are 7 Democrat appointees and four Republican appointees, with two vacancies. The flip would need filling the vacancies with Republican nominees and replacing one Democrat nominee similarly.
In the Third Circuit, there are six Democratic appointees and six Republican appointees, with two vacancies. Fill those open slots the right way and it’s done, the report said.
In the Fourth Circuit, there are eight Democratic appointees, seven from GOP presidents and one known “future vacancy.” The flip would require a Republican taking that coming slot, as well as changing out one Democrat appointee, the report said.
And at the 11th Circuit, one Democrat appointee must retire and be replaced, it said, since that bench has a six-six tie right now.
Trump already has appointed two justices to the Supreme Court, Brett Kavanaugh and Neil Gorsuch. There are no openings but Ruth Ginsberg has had multiple health issues, and is 85. She’s missed the last couple weeks of oral arguments and the court said she’s been “working from home.”
Liberal justice Stephen Breyer also has reached his 80s.