Posted on 10/15/2018 2:40:16 PM PDT by rogerantone1
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.
(Excerpt) Read more at foxnews.com ...
Under President Trump's Administration, you don't fold, you WIN.
I'm not sure Kavanaugh would have had the strength to hang in there without the President and Mitch and "RIGHT" on our side.
Curren Dem-Rep balance in the circuit courts.
United States Court of Appeals for the First Circuit: Circuit Justice Stephen Breyer
Democrat Appointed: 5, 1 senior
Republican Appointed: 6, 4 senior
President Trump Appointed: 0
Currently Empty or Senior Status Awaiting Replacement: 5
United States Court of Appeals for the Second Circuit: Circuit Justice Ruth Bader Ginsburg
Democrat Appointed: 14, 11 senior
Republican Appointed: 8, 4 senior
President Trump Appointed: 1
Currently Empty or Senior Status Awaiting Replacement: 13
United States Court of Appeals for the Third Circuit: Circuit Justice Samuel Alito
Democrat Appointed: 11, 6 senior
Republican Appointed: 6, 7 senior
President Trump Appointed: 2
Currently Empty or Senior Status Awaiting Replacement: 13
United States Court of Appeals for the Fourth Circuit: Circuit Justice John Roberts
Democrat Appointed: 10 (1 shared), 0 senior
Republican Appointed: 8 (1 shared), 3 senior
President Trump Appointed: 2
Currently Empty or Senior Status Awaiting Replacement: 4
United States Court of Appeals for the Fifth Circuit: Circuit Justice Samuel Alito
Democrat Appointed: 8, 3 senior
Republican Appointed: 14, 6 senior
President Trump Appointed: 5
Currently Empty or Senior Status Awaiting Replacement: 11
United States Court of Appeals for the Sixth Circuit: Circuit Justice Elena Kagan
Democrat Appointed: 9, 4 senior
Republican Appointed: 19, 8 senior
President Trump Appointed: 4
Currently Empty or Senior Status Awaiting Replacement: 12
United States Court of Appeals for the Seventh Circuit: Circuit Justice Elena Kagan
Democrat Appointed: 2, 0 senior
Republican Appointed: 9, 3 senior
President Trump Appointed: 4
Currently Empty or Senior Status Awaiting Replacement: 6
United States Court of Appeals for the Eighth Circuit: Circuit Justice Neil Gorsuch
Democrat Appointed: 2, 1 senior
Republican Appointed: 16, 6 senior
President Trump Appointed: 3
Currently Empty or Senior Status Awaiting Replacement: 7
United States Court of Appeals for the Ninth Circuit: Circuit Justice Anthony Kennedy
Democrat Appointed: 26, 8 senior
Republican Appointed: 14, 8 senior
President Trump Appointed: 2
Currently Empty or Senior Status Awaiting Replacement: 21
United States Court of Appeals for the Tenth Circuit: Circuit Justice Sonia Sotomayor
Democrat Appointed: 10, 3 senior
Republican Appointed: 11, 7 senior
President Trump Appointed: 2
Currently Empty or Senior Status Awaiting Replacement: 11
United States Court of Appeals for the Eleventh Circuit: Circuit Justice Clarence Thomas
Democrat Appointed: 9, 2 senior
Republican Appointed: 9, 5 senior
President Trump Appointed: 3
Currently Empty or Senior Status Awaiting Replacement: 8
United States Court of Appeals for the District of Columbia Circuit: Circuit Justice John Roberts
Democrat Appointed: 8, 1 senior
Republican Appointed: 10, 6 senior
President Trump Appointed: 1
Currently Empty or Senior Status Awaiting Replacement: 7
United States Court of Appeals for the Federal Circuit: Circuit Justice John Roberts
Democrat Appointed: 10, 2 senior
Republican Appointed: 8, 4 senior
President Trump Appointed: 0
Currently Empty or Senior Status Awaiting Replacement: 6
We know the Dem’s still have overall control of the Courts, but that is changing under Trump as well.
12 Circuits 4 Republican 1 tied, a second tied as soon as the vacancy is filled.
Of the rest after all circuit court vacancies are filled (note there are many justices in late 70's & 80's so a new vacancy here & there is not unlikely):
1st Circuit ties with one flip
2nd Circuit flips to Republican appointed majority with one justice flip
4rd Circuit flips to Republican appointed majority with two justices flipped
9th Circuit flips to Republican appointed majority with two justices flipped and may be split into 3 which will flip it sooner
10th circuit flips to tie with one justice flip
DC flips to Republican appointed majority with two justices flipped
District Courts (after openings filled)
From 1st Circuit 3 out of 5 Republican appointed majority. RI flips with filling of vacancy
From 2nd Circuit 1 out of 6 Republican appointed majority.
From 3rd Circuit 3/5 Republican appointed majority 2/5 tied
From 4th Circuit 4/9 Republican appointed majority 2/9 tied
From 5th Circuit 6/9 Republican appointed majority 1/9 tied
From 6th Circuit 6/9 Republican appointed majority 1/9 tied
From 7th Circuit 1/7 Republican appointed majority 1/7 tied
From 8th Circuit 2/10 Republican appointed majority 1/10 tied
From 9th Circuit 4/13 Republican appointed majority 3/13 tied
From 10th Circuit 6/8 Republican appointed majority.
From 11th Circuit 6/9 Republican appointed majority 1 tied
From DC Circuit Democratic appointed majority.
Even the District courts are not dismal from a Republican appointed judge aspect with 7/12 Republican majority when open positions are filled.
Thanks for a very readable and comprehensive breakdown.
The senior judges are a factor I am not sure how to weigh. They hear as many or as few cases as they choose but cannot sit on cases reviewed by the entire circuit. That means they don’t factor in on the really controversial decisions but they do affect individual cases and 3 member decided cases.
I just received this from a friend:
Can’t find any other corroborating press! If true, as the article says, it’s the reason for the really ferocious fight over Kavanaugh! Can anyone help fill in the blanks?
For example, should the Supreme Court rule that Second Amendment cases should be decided using "strict scrutiny", the lower courts would be mandated to decide the cases using that criteria.
If the lower courts refused to do so, the Supreme Court can simply accept the case, reverse the decision, and mandate back to the lower court. The Court did something similar to a Massachusetts decision regarding the lawfulness of stun guns. It took very little action on the part of the Supreme Court to simply tell Massachusetts that they were wrong and to redo the decision.
The reason that the Court takes only 80 cases per year is not that they lack the capacity to decide more. Up until Kennedy's retirement they lacked a clear majority willing to make decisions. Now, depending upon Roberts pehaps, they are in a position to greatly modify the legal environment.
the days of dems ‘controlling’ the courts has come to a close. Such a claim should never be made in the first place if one wants to also claim impartiality of justice. Courts should be beholding to only one thing - upholding the law - federal and state, as it relates to the Constitution.
bump
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