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9th Circuit's Rulings Frequently Overturned (Repost of 9th Circuit Court Article) (Rogue Court?)
The Washington Times ^ | 06/28/2002 | Joyce Howard Price (1st posted by kattracks 06/27/02)

Posted on 09/15/2003 5:39:03 PM PDT by DoughtyOne

The federal appeals court in San Francisco that found the Pledge of Allegiance unconstitutional Wednesday is known as an activist court whose decisions regularly are overturned by the U.S. Supreme Court, legal analysts said yesterday.

"The 9th Circuit Court of Appeals' liberal record ... and its reputation as the most overturned court in the country ... have almost grown to the status of an urban myth," said Steven Fitschen, president of the National Legal Foundation.

Mr. Fitschen noted that in 1996-97, the Supreme Court issued opinions in nearly 90 cases. "It reversed 27 of the 28 rulings it got from the 9th Circuit, and 17 times, the reversals were unanimous," he said.

Thomas L. Jipping, senior fellow in legal studies for Concerned Women of America, said the court's Pledge decision was more evidence that the 9th District judges "believe they can make law and that they can hijack the culture and run the country," rather than follow the Constitution.

In 1997, Mr. Jipping led efforts against judicial activism. In congressional hearings, he identified as an abuser of judicial power Judge Stephen Reinhardt, a member of the three-judge panel that deemed the Pledge's phrase "under God" an unconstitutional endorsement of religion.

By that time, the Weekly Standard had described Judge Reinhardt, appointed by President Carter, as the "country's most audacious liberal judge" and "one of the most overturned judges in history."

The "noteworthy" rulings in Judge Reinhardt's resume include many that have been reversed by the Supreme Court. In one such opinion, the judge wrote that a Mexican doctor who helped kill a Drug Enforcement Administration agent should not have been forcibly brought to this country for trial over Mexico's objections.

Judge Reinhardt also ruled that a provision in the Arizona Constitution mandating English as the official language of government was "overbroad in violation of the First Amendment." The Supreme Court vacated and remanded the ruling.

In 1992, Judge Reinhardt denounced the Supreme Court, former President Ronald Reagan and President Bush for what he called a lack of confidence in the federal courts by blacks. In a commencement address, he called the federal courts a "bastion of white power."

Anthony T. Caso, general counsel for the Pacific Legal Foundation, said the 9th Circuit's rate of reversal is "definitely ahead of the average" and has not gone unnoticed by the Supreme Court.

Mr. Caso recalled that Justice Sandra Day O'Connor, who has jurisdiction over the 9th Circuit, visited with members of that bench several years ago and focused attention on the fact "that they were overturned on a regular basis."

To reduce that problem, Mr. Caso said, Justice O'Connor recommended that the 9th Circuit opt for having the full 11-member bench decide cases more often, rather than relying on three-judge panels like the one that ruled this week in the Pledge case.

Yesterday, one of the federal appeals court judges put the Pledge ruling on hold indefinitely. The 9th Circuit includes California, Arizona, Alaska, Hawaii, Idaho, Montana, Nevada, Oregon and Washington state.

The Supreme Court yesterday was unable to provide figures on 9th Circuit reversals, saying it did not classify such data according to circuits.

But the San Francisco Chronicle said there were years in the 1980s and 1990s when the circuit was overturned more than 80 percent of the time.

The Los Angeles Times said the circuit has been reversed in 12 of 16 cases this year. (During year 2002)

Copyright © 2002 News World Communications, Inc. All rights reserved.


TOPICS: Extended News; Front Page News; Government; Politics/Elections
KEYWORDS: 9thcircuit; 9thcircuitcourt; background; repost; scotus
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To: Brilliant
Only in the age of liberal judicial activism. In the good ole days, the law was the law, and if you did not like it--then tough.

That age started in 1803.. The Chief Justice was John Marshall. Jefferson was president and the Surpreme court ruled it had powers that were not to be found anywhere in the words of the constitution. The case was Marbury Vs. Madison. (You know Madison... he wrote the constitution) The court ruled against Madison.. Justice Marshall figured what the hell could Madison know about the constitution.. he only wrote it... He never got to interpret it like Chief Justice Marshall.

For those who don't know history, look it up. Liberal judical activism started in 1803... Just two hundred years ago!


61 posted on 09/16/2003 5:58:47 PM PDT by Common Tator (I support Billybob. www.ArmorforCongress.com)
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To: Common Tator
Not so. Not the way we've got it now. It got rolling in the 30's when FDR packed the S.Ct., and it really began to pick up steam in the 50's. Now the Constitution is just a piece of toilet paper.
62 posted on 09/16/2003 6:46:06 PM PDT by Brilliant
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To: Brilliant
Not so. Not the way we've got it now.

You mean a supreme court ruling that some people are not human beings was really in the constitution and not made up by the Chief Justice. Dred Scott decision

   On March 6th, 1857, Chief Justice Roger B. Taney 
   delivered the majority opinion of the U.S. Supreme 
   Court in the Dred Scott case. Seven of the nine 
   justices agreed that Dred Scott should remain a slave, 
   but Taney did not stop there. He also ruled that as a 
   slave, Dred Scott was not a citizen of the United 
   States, and therefore had no right to bring suit in the 
   federal courts on any matter. In addition, he declared 
   that Scott had never been free, due to the fact that 
   slaves were personal property; thus the Missouri 
   Compromise of 1820 was unconstitutional, and the 
   Federal Government had no right to prohibit slavery in 
   the new territories. The court appeared to be 
   sanctioning slavery under the terms of the 
   Constitution itself, and saying that slavery could not 
   be outlawed or restricted within the United States.

Would you be so kind as to tell me in what section of the constitution it says some humans are just personal property and others aren't? And why the section that says all persons born in the USA are citizens was not in Roger Taney's copy of the Constitution?

You should try reading the actual court decisions rather than listening to politicans who can depend on your ignorance to fool you. You don't have to be dumb to believe the junk you believe, but you have to be very ignorant.

I have about 100 more examples... if you want to keep making a fool out of yourself.

63 posted on 09/16/2003 7:29:26 PM PDT by Common Tator (I support Billybob. www.ArmorforCongress.com)
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To: Brilliant
Not so. Not the way we've got it now.

You mean a supreme court ruling that some people are not human beings was really in the constitution and not made up by the Chief Justice. Dred Scott decision

   On March 6th, 1857, Chief Justice Roger B. Taney 
   delivered the majority opinion of the U.S. Supreme 
   Court in the Dred Scott case. Seven of the nine 
   justices agreed that Dred Scott should remain a slave, 
   but Taney did not stop there. He also ruled that as a 
   slave, Dred Scott was not a citizen of the United 
   States, and therefore had no right to bring suit in the 
   federal courts on any matter. In addition, he declared 
   that Scott had never been free, due to the fact that 
   slaves were personal property; thus the Missouri 
   Compromise of 1820 was unconstitutional, and the 
   Federal Government had no right to prohibit slavery in 
   the new territories. The court appeared to be 
   sanctioning slavery under the terms of the 
   Constitution itself, and saying that slavery could not 
   be outlawed or restricted within the United States.

Would you be so kind as to tell me in what section of the constitution it says some humans are just personal property and others aren't? And why the section that says all persons born in the USA are citizens was not in Roger Taney's copy of the Constitution?

You should try reading the actual court decisions rather than listening to politicans who can depend on your ignorance to fool you. You don't have to be dumb to believe the junk you believe, but you have to be very ignorant.

I have about 100 more examples... if you want to keep making a fool out of yourself.

64 posted on 09/16/2003 7:29:29 PM PDT by Common Tator (I support Billybob. www.ArmorforCongress.com)
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To: Common Tator
Slaves were not considered citizens before Dred Scott. It wasn't activism no matter what the Constitution actually said, although at least in Dred Scott the Court purported to interpret the Constitution. The court was simply stating the law as it then existed. Reversing 200 years of jurisprudence and ruling that States could not regulate abortion was judicial activism because in addition to having no support whatever in the Constitution (which the SCOTUS pretty much admitted in its opinion), it actually changed the existing law. Sure, you can find instances of judicial activism before then, but the courts really did not come into direct defiance of the political process until the 1950's, and it's been downhill ever since.
65 posted on 09/16/2003 7:44:27 PM PDT by Brilliant
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