Posted on 07/08/2019 1:00:31 AM PDT by Jaysin
President Donald Trump is on track to get another appointment to the largest federal appeals court.
Judge Jay Bybee of the San Francisco-based U.S. Court of Appeals for the Ninth Circuit plans to take senior status at the end of the year, the court confirmed on Monday.
Senior status is a type of semi-retirement which allows judges to keep working but relinquish their active seats.
Trump has appointed six judges to the appeals court and is looking to fill other openings.
Kirkland & Ellis partner Daniel Bress is awaiting consideration by the full Senate. Trump also will nominate a replacement for Judge Carlos Bea, who also plans to take senior status.
Trump has called out the Ninth Circuit for rulings against his administration’s policies.
Bybee was appointed to the seat by President George W. Bush in 2003. As a Justice Department official, he courted controversy for his role in the so-called torture memo on the Bush administration’s legal basis for post-9/11 interrogations of al Qaeda operatives.
FYI, the senate will probably do a cloture vote today on 9th circuit justice appointee, Daniel Bress, will probably be confirmed late on Tuesday--barely 40 years old!!
Okay! Appoint a judge who owns firearms and is a conservative interpreter of the Constitution.
I’ll settle for any judge who simply follows the constitution and the law, instead of making their own interpretations!
Jay Bybee
A lifelong member of The Church of Jesus Christ of Latter-day Saints (LDS Church), Bybee served a mission for the LDS Church in Santiago, Chile from 1973 to 1975.
He worked for Bush #41 then and was appointed by Bush #43 to the United States Court of Appeals for the Ninth Circuit
On November 19, 2013, Bybee's twenty-six-year-old son, Scott Greer Bybee, committed suicide at the Las Vegas Mormon Temple.
Gotta love it ! Donald John Trump President of The United States …..He ALWAYS invokes God and that is his key to our success as a constitutional republic under od , I love this time of politics in America , drives the moonbats crazy!
Good thing he is retiring
Well, Bybee is taking senior status on the court, so he isn’t quite done.
Senior status judges do not sit on en banc cases so he will no longer be part of the appeals process of the 9th Circuit.
There is still another Bush appointees that is elderly.
Milan Smith is 77yrs old, the other two are in their late 60’s.
The most elderly Clinton appointees are 74(2), 73, 72 and 70. All but one Obama nominee(1947) are under 60.
Any opportunity to place another young strict constructionist on the 9th Circuit is welcome.
That said, this does not change the equation. For that to happen, Trump must get to replace some of the Leftists on the court.
That is what I thought too. Then within last week a 3 judge panel including two senior status judges upheld an injunction temporarily shutting down wall building.
86 Senior Circuit Judge Richard R. Clifton Honolulu, HI 1950 2002–2016 — 2016–present G.W. Bush
92 Senior Circuit Judge N. Randy Smith Pocatello, ID 1949 2007–2018 — 2018–present G.W. Bush
That is alarming. I had just looked up the rules too, before posting. It looks like there is a small loophole that a senior judge can hear the en banc case if he/she sat in the 3 person panel, in the 9th Circuit. I had not realized but each circuit has their own standards & procedures re en banc hearings.
“The en banc court consists of the Chief Judge, and ten non-recused judges who are randomly drawn. Senior judges are not eligible to serve on the en banc court, unless they served on the three judge panel.”
https://cdn.ca9.uscourts.gov/datastore/general/2017/02/10/En_Banc_Summary2.pdf
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