Home Big Government Trump Has Destroyed Democrats Advantage In Ninth Circuit, Forever Changed Courts In America

Trump Has Destroyed Democrats Advantage In Ninth Circuit, Forever Changed Courts In America

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Trump Has Destroyed Democrats Advantage In Ninth Circuit, Forever Changed Courts In America

President Donald Trump’s legacy, even if he does not win the 2020 election, will be felt in this nation for a generation or more.

We believe he will win in 2020 mind you, and it will not even be close with the clown car of ridiculousness in the Democrat primary.

But, if for some reason he did not, the legacy is set and it will mean consistent victories for conservatives for decades to come.

And a great deal of the credit for this has to go to Senate Majority Leader and Kentucky Sen. Mitch McConnell too.

As most people pay attention to Supreme Court nominations, and they should, the real work, the real changes, are made in the lower courts.

A great number of issues petitioned to the Supreme Court are remanded to the lower courts, meaning the lower court ruling stands.

And one bastion of liberal activism, for decades, has been the Ninth Circuit Court of Appeals where liberals have taken their cases knowing that they will usually get the decision they want.

But President Trump, with the assistance of Sen. McConnell, has changed that and changed, not only the Ninth Circuit, but many lower courts by appointing conservative judges, The Washington Examiner reported.

“Before Mr. Trump took office, Democrat-appointed judges had a plus-11 advantage over Republican-appointed judges on the circuit. But in the past three years, Mr. Trump has cut that lead by more than half,” The Examiner said.

Do you approve of Trump’s judicial appointments?

“That is a dramatic, dramatic shift,” Judicial Crisis Network chief counsel Carrie Severino said to The Examiner.

There are currently 16 active judges appointed by Democrats and 13 appointed by Republicans. When senior judges, who see less cases, are added, the margin is 25 Democrats and 24 Republicans.

When a case is heard in the circuit three judges are picked at random to hear it. The odds have favored that, at minimum, two of those three would be liberals.

But with the work of President Trump and Sen. McConnell that gap has been bridged in a major way and the advantage is all but gone.

“It just makes it statistically a lot more likely nowadays you have a chance,” Severino said of the change of disparity.

Even two years ago if you heard that a case was headed for the Ninth Circuit, as a conservative, you figured that was a death sentence.

But now the odds are fairly even. And it is not that we believe liberals side with Democrat litigants or Republicans side with Republicans.

The issue at hand is that liberals tend to see the Constitution as a living document, to be bent, stretched and changed by a judge because something “feels” right.

Conservative judges, by their nature, look at the Constitution as it is written and apply the law accordingly.

This is a fundamental difference in judicial approaches and one that is extremely important on cases such as abortion rights, which are nowhere to be found in the Constitution.

The federal appeals court used to be the go-to court for Democrats and their allies to petition judges for nationwide injunctions against Mr. Trump’s policies and executive actions.

In recent months, however, the 9th Circuit has delivered rulings more favorable to the president. In July, the court refused to block the president’s family planning rules, which ban grant recipients from touting abortion services. Planned Parenthood was one of the abortion rights groups that had tried to block the regulations from going into effect.

That same month the usually reliably left-leaning court sided with Mr. Trump’s Justice Department in a suit brought by Los Angeles over the federal government prioritizing tax dollars for localities where law enforcement cooperate with federal immigration policies, thereby penalizing so-called sanctuary cities.

The court also lifted a nationwide injunction against the president’s asylum policy in September. The rule required migrants seeking asylum to wait in Mexico while their claims were processed.

The rulings suggest the “textbook Democratic strategy” of going to the 9th Circuit to block the president’s agenda is “suddenly” not working, Ms. Severino said.

In other words, your game of court shopping is over Democrats.

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