Posted on 10/14/2018 2:59:57 AM PDT by richardb72
Republicans are ecstatic and Democrats are livid about Brett Kavanaugh’s Senate confirmation as a Supreme Court justice. But while the Supreme Court is important, many Americans tend to exaggerate its powers.
Democrats still firmly control the nation’s district courts and circuit courts of appeals, where virtually all federal judicial decisions are made.
Even if Republicans keep control of the Senate in the Nov. 6 midterm elections, the balance of power on these courts isn't going to change in the next two years.
The Supreme Court grants oral arguments to about 80 cases a year. The nation’s highest court decides another 50 cases without hearing oral arguments.
By contrast, the circuit courts of appeals handled 51,832 cases in the 12-month period ending March 31.
Consequently, the circuit courts – not the Supreme Court – have the final word on 99.75 percent of all cases. The lower-level district courts handled 363,000 cases.
Whether you care about immigration, gun control, abortion or other hot-button issues, the circuit courts and district courts are where most of the work occurs.
The Supreme Court generally limits itself to only those cases where there are conflicts between the different circuits. And neither Kavanaugh, Justice Neil Gorsuch, nor Chief Justice John Roberts are likely to overturn long-established precedents.
Indeed, Kavanaugh and Gorsuch – President Trump’s earlier appointee to the high court – were even co-authors on a book about honoring judicial precedent.. . .
(Excerpt) Read more at foxnews.com ...
Great graphic. Me too. Many a slip between cup & lip but we are on a path with a goal in sight.
I got my numbers directly from the justice.gov site. I also used Wiki to check the numbers & the judges ages. You are suggesting I use Reuters?
If you read what I wrote several of the courts are presented as they will be with all present opening filled. I think this is your issue. Remember we just added 3 circuit judges.
Porter,David James 10/11/2018 03 - CCA
One vacancy remains which will tie this court
"The 3rd Circuit current composition (once vacancies are filled) will be 7 D appointed & 7 R appointed justices. This court is tied in R & D appointed
justices."https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Third_Circuit
Nelson,Ryan Dougla 10/11/2018 09 - CCA
The ninth circuit is also presented as with current vacancies filled as noted. There are currently 6 vacancies.
http://www.uscourts.gov/judges-judgeships/judicial-vacancies/confirmation-listing
http://www.uscourts.gov/judges-judgeships/judicial-vacancies/confirmation-listing
I think the Supreme Court may take on many more without oral arguments cases. The dem courts will try to defy Supreme Court rulings and they need to be smacked down regularly.
I believe it is incumbent on us MAGA types to push back and spell out the specifics. 4 Circuits in Republican appointed majorities & 2 tied (when seats are filled) is a solid start. The remaining circuits have elderly judges in late 70's, 80's in many cases. 1 or 2 justices taking senior status, to get a reduced case load for the same pay, would tie up or flip most of the remaining circuits. Not to mention the reaper that comes for us all.
It is hours of work to get the data to drill down on the circuit court composition and barriers to flipping. The district courts are important, I agree, but analysis of these will need to wait until I free up that time. They are less important but in worse shape. They are less important because anything at district court that is egregious can be bumped up to appeals.
“The 3rd Circuit court is not tied, it has one more Democrat than Republicans.”
According to Wikipedia there are now 13 Republican appointed Judges and 11 Democrat Judges on the full 3rd appeals court with one vacancy:
https://en.m.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Third_Circuit
Great info. Fox should be running your article.
Lott is correct. We have a long way to go to fix the perversion infecting our federal judiciary.
Scott I think you are counting senior judges. They don’t count in the majority because they can’t vote in cases heard by the whole court. There are an unreasonable # of senior judges drawing full pay and hearing as many or as few case as they desire (ages 88-71).
Right now 6 Republican appointed and 7 Democrat appointed with one vacancy to be filled which will make it tied.
Good post. Fox News is foolish.
“Consequently, the circuit courts – not the Supreme Court – have the final word on 99.75 percent of all cases. The lower-level district courts handled 363,000 cases.”
I think he’s missing the entire reason for the battle of Kavanaugh’s entry into the court. In the past, when the court was far more liberal than it is going to be now, many cases were not allowed to the supreme court or the litigates stopped at the lower courts as they didn’t want to waste their time and money trying for the opportunity to state their case at the highest level due to the political stance of the court. But being offered an opportunity to have a docket spot with a more conservative court is an incentive to try.
So the lower courts were being allowed by the litigates to be the final say for artificial reasons. That is the entire purpose of getting Kavanaugh in and maybe future justices of conservative values. If anything, it energizes the litigates to try so they can get a more non-liberal decision in their minds and disqualifies the lower liberal court the power of determination by appearance. And the writer of this article is trying to brain wash people in that Kavanaugh’s entry doesn’t mean anything when it does.
rwood
One good point you bring up by including senior judges is they can still hear cases and thus contribute to judicial activism.
However most are in their 70’s 80’ and 90’s and don’t hear many cases. Even though they were appointed by Democrats since they are from an earlier era they would be more likely closer to mainstream rather than ultra liberal as well.
While they have an influence based on the cases they hear their rulings would be subject to the full district court re hearing their cases if the ruling were appealed as well as recourse to the appeals court. That is why while we have a lot of work to do the order of importance is from top down, Supreme, Appeals, District. The district court judges seem to retire earlier and President Trump may have the opportunity to appoint many of these positions in the next 6 years.
Yes and we are in a position to more reliably administer the smack downs with Kavanaugh on the bench.
Good work Mr. Galt.
Thanks. I’m about 1/2 way done on the District Courts, having been inspired by richardb7. I’ll ping you when they are posted.
Trump should split the 9th Circuit in half and stack the new 12th Circuit with good judges.
“All of the people you mentioned shoukd arrested, prosecuted, convicted and executed.”
Concur.
Speaking of the 3rd circuit, there’s an appeal going through challenging the NJ gun magazine ban that makes anything over 10 rounds illegal. Don’t know what chance it has in the 3rd circuit but if unsuccessful, there was a conflicting ruling in the 9th circuit so hopefully SCOTUS would take it up since it’s effecting the rights of citizens in an entire state. But hopefully Trump can get those vacancies in the 3rd filled quickly, we need all the help we can get.
There is actually a proposal on the table to split the ninth into 3 sub-courts & add judicial seats. There have been many such bills tried in the last 10 years for the 9th court which have failed but this one seems off to a good start.
September 13, 2018
The House Judiciary Committee voted 16-5 to approve a proposal Thursday to reshape the U.S. Court of Appeals for the Ninth Circuit, the largest appeals court in the nation.
https://blogs.findlaw.com/ninth_circuit/2018/09/house-committee-advances-bill-reshaping-9th-cir.html
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