9th Circuit Reversals
The Supreme Court of the United States has unanimously reversed six of the last seven cases from the San-Francisco-based 9th Circuit. Debra Saunders points out how common and "yawn-inducing" this trend has become.
The latest reversal happened yesterday, in a case where the 9th Circuit ruled in favor of a sex offender who attacked a 72-year-old woman. Snubbing the opinions of three lower courts, it decided the prosecutor at trial had committed "purposeful discrimination" in picking only one of three black jurors.
In its reversal, the Supreme Court opinion concluded:
… the [Ninth Circuit court] did not discuss any specific facts or mention the reasoning of the other three courts that had rejected Jackson’s claim … There was simply no basis for the Ninth Circuit to reach the opposite conclusion, particularly in such a dismissive manner.
This Post article from January, after the fifth reversal, says the Supreme Court is in "scold mode" against the 9th Circuit. But Justice Kennedy, the only 9th Circuit veteran, says this:
"Confidence in the writ [of habeas corpus] and the law it vindicates [is] undermined if there is a judicial disregard for the sound and established principles that inform its proper issuance," Kennedy wrote in one of the cases, Harrington v. Richter. "That judicial disregard is inherent in the opinion of the Court of Appeals for the 9th Circuit."
The 9th Circuit is the nation's largest court, with jurisdiction over nearly 20% of our citizens. It boasts Stephen Reinhardt, considered the most liberal appeals judge, famous for his belief that "under God" in our Pledge of Allegiance is unconstitutional, and his more recent refusal to recuse himself from the circuit panel considering same-sex marriage despite his wife's activism for gay marriage.
Oh, San Francisco. Always having to be different.
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Comments :
Jun '10
Re: 9th Circuit Reversals
The Ninth Circuit Court of Appeals is primarily a political institution--not a judicial institution. They're advocates. And sadly, that's the way that a lot of people in the district like it.
May '10
Re: 9th Circuit Reversals
So why is Reinhardt still a judge?
Nov '10
Re: 9th Circuit Reversals
The judges on the 9th Circuit are a real mystery to me. In my experience, judges don’t like to be reversed. The ones on the 9th apparently don’t care how much the Supremes reverse them. Not all of the judges on the 9th are of this ilk. Judge Alex Kozinski is on the 9th and he is a brilliant jurist, in my view.
The truly astounding thing about the wayward 9th Circuit is the biting language the Supreme Court uses when reversing them. It is rare for an appellate court, and probably more rare for the U.S. Supreme Court to rebuke a lower court so harshly. And rare for it to have so little effect.
In the real world getting reversed is so unwanted that the lawyer most skilled at persuading the judge which way to rule in order to make reversal the least likely wins. But on the 9th politics trumps good judging every time.
Judge Kozinski is not the only real judge on the 9th, there are other fine judges who do good work there, but they are outnumbered by Steven Reinhardt and his followers.
May '10
Re: 9th Circuit Reversals
The time is now for term limits on judicial appointments.
May '10
Re: 9th Circuit Reversals
It's so bad none of the 9th Circuit judges are allowed to drive. Even their cars are stuck in permanent reverse.
When was the last time a judge from the 9th Circuit was elevated to the Supreme Court? Anthony Kennedy in 1988. Wish we could reverse that one, too.
Dec '10
Re: 9th Circuit Reversals
I'm studying Kelo for a paper right now, so anything coming out of the SCOTUS that doesn't make me shaking mad is welcomed.
Dec '10
Re: 9th Circuit Reversals
Not to worry, help is on the way!
Jul '10
Re: 9th Circuit Reversals
Thanks for the head's up on Goodwin Liu. If the Republican Party lets this Obama soul mate on the court it is worse than useless.
Mar '11
Re: 9th Circuit Reversals
There was talk a few years ago of splitting the 9th court given that it includes a number of inland western states and is appreciably larger than the other circuits. Some great arguments to do so, one being that it would allow more conservative judges to be selected for the inland region and another being it would dilute some of the more activist decisions.