Skip to comments.Fight over Kavanaugh got attention, but Dem appointees remain in firm control of fed Circuit courts.
Posted on 10/14/2018 2:59:57 AM PDT by richardb72
Republicans are ecstatic and Democrats are livid about Brett Kavanaughs 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 nations 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 nations 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 Trumps earlier appointee to the high court were even co-authors on a book about honoring judicial precedent.. . .
(Excerpt) Read more at foxnews.com ...
Until President Trump orders an investigation into who specifically is behind all the politically motivated crime that includes attacks on Republican politicians and everyone who supports them it wont matter who is in control of the lower courts. Everyone knows who many of these criminals are; Soros, the Clintons, Waters, Obama, just to name a few. These people are stirring up a hoard of simple minded people to do their bidding and they must be stopped. They must be charged with everything from inciting violence to espionage and put behind bars.
>> the balance of power on these courts isn’t going to change in the next two years. <<
Oh but we’ll have 6 years
Just like the ‘Resistance’ has control of all the major institutions in society with the trivial exception of the highest levels of the federal government and some state and local governments at the moment. Kicking hillary to the curb is a start but the right still is very much the underdog and has been for decades.
Look what we have seen with immigration? Some left-wing, Socialist-Democrat judge in Hawaii can wave her hand, and state that President Trump does not have the executive powers that are clearly provided to him via the Constitution and US Federal statues.
Look what happened with the Pakistani IT spying case.
And if the President ignores this "judge", the Democrats and the media scream Impeachment.
The key must be military courts, and the criminals must be prosecuted and tried as traitors.
Yeah, but now people’s attention has been drawn to what is happening. The Democrats would have preferred if no one would have noticed.
But it will change in the next 6 years!
The 1st Circuit current composition is 4 D appointed & 2 R appointed justices. This Circuit will remain D leaning for the foreseeable future.
The 2nd Circuit current composition (once vacancies are filled) will be 7 D appointed & 6 R appointed justices. The two oldest justices are D appointed (78 & 80 years old) so the court may become majority R appointed in POTUS term.
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. The two oldest justices are D appointed (70 & 71 years old) so the court might become majority R appointed in POTUS term.
The 4th Circuit current composition is 9 D appointed & 6 R appointed justices. The three oldest justices are D appointed (78, 76 & 71 years old) so the court might become majority R appointed or at least tied in POTUS term.
The 5th Circuit current composition (once a vacancy is filled) will be 5 D appointed & 12 R appointed justices. The oldest justice is D appointed (82 years old). This court is solidly majority R appointed.
The 6th Circuit current composition is 5 D appointed & 11 R appointed justices. This court is solidly majority R appointed.
The 7th Circuit current composition is 2 D appointed & 9 R appointed justices. This court is solidly majority R appointed. . There are 3 elderly R justices that may go to senior status and create the opportunity for Trump appointments (82, 82 & 80 years old)
The 8th Circuit current composition is 1 D appointed & 10 R appointed justices. This court is solidly majority R appointed. There are 2 elderly R justices that may go to senior status and create the opportunity for Trump appointments (84 & 78 years old)
The 9th Circuit current composition (once vacancies are filled) will be 16 D appointed & 13 R appointed justices. The 4 oldest justices are D appointed (73, 73, 72 & 71 years old) so the court could become tied or majority R appointed in POTUS term. There is one elderly R appointed judge as well (84 years old) who may go to senior status and create the opportunity for a Trump appointment. There is a proposal to subdivide this court into 3 which would add Justice positions and leave it R appointed leaning.
The 10th Circuit current composition is 7 D appointed & 5 R appointed justices. The oldest justices are D appointed (78, 71, 71 years old). This Circuit will remain D leaning or tied for the foreseeable future.
The 11th Circuit current composition is 6 D appointed & 6 R appointed justices. This court is tied in R & D appointed justices. There is one elderly R appointed judge as well (89 years old) who may go to senior status and create the opportunity for a Trump appointment.
The District of Columbia Circuit current composition (once vacancies are filled) will be 7 D appointed & 4 R appointed justices. The oldest justices are D appointed (79 & 76 years old). This Circuit will remain D leaning for the foreseeable future.
I am hoping our VSGPOTUS finds a way to encourage the elderly R appointee jstices to move to senior status in the later half of his second term so that we dont leave any windfalls for the next administration. If that turns out to be Pompeo or another strong R no harm done but it will make it harder for the Dems to turn our country back to socialism. Senior status carries the same yearly salary and senior justices can hear as many cases as they like the exception being the few cases that are heard by the entire circuit court.
"Can anyone tell us why this article is a pantload? Heller? Heller?"
At present 4 Circuits are solidly Republican appointed.
2 Circuits are tied.
The other circuits require a shift in 1-2 positions through retirement to flip and many contain elderly judges
6 Circuits are Democrat appointed majorities.
Of these 6:
1st ties with one flip
2nd flips to Republican appointed majority with one justice flip
4rd flips to Republican appointed majority with two justices flipped
9th flips to Republican appointed majority with two justices flipped and may be split into 3 which will flip it sooner
10rd flips to tie with one justice flip
DC flips to Republican appointed majority with two justices flipped
Thank you for that informative post.
I wonder if this fool even understands the problem with this statement.
Yep and short of a total economic collapse gop will safely control the senate until 2022 at least.
Congress created the Courts, CONGRESS can dissolve them.
Hope we pick up enough seats to do just that - and remove that dolt Grassley from Chairmanship of ANY Committee in the,Senate.
All of the people you mentioned shoukd arrested, prosecuted, convicted and executed.
You obviously need to do some research and also learn to read, because you are simply wrong about many of these cases. If you want a third party count, see Reuters: https://graphics.reuters.com/TRUMP-EFFECT-COURTS/010080E30TG/index.html
The 9th Circuit does not have 13 appointed Republican judges.
The 3rd Circuit court is not tied, it has one more Democrat than Republicans.
Lott says that there were four Circuits where Republicans had control. Lott already mentions the ages of the oldest judges. You add nothing to that discussion.
You miss the Federal Circuit. but except for the 3rd circuit, you have the same breakdown in control numbers that Lott had.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.