Republican Senators Jeff Flake and John McCain introduced legislation to “carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit,” according to Fox News.
To view the press release on the bill, click here.
In what amounts to sedition, the 9th Circuit overturned President Trump’s executive order that protects American citizens against dangerous Muslim radicals from 7 countries.
The citizens of 46 other Muslim countries can travel to America based on the order, however the court found a way around siding with U.S. taxpaying citizens.
As Alan Dershowitz declared, the Trump administration will win the case in the Supreme Court. The problem is how many bad characters are now scrambling to get to America to do us harm.
The 9th U.S. Circuit Court of Appeals has an unusually high reversal rate before the U.S. Supreme Court.
Eight of out of 10 cases from the 9th Circuit reviewed by the Supreme Court are overruled, according to a 2010 analysis published by the American Bar Association. The 9th Circuit, which is known for its liberal tendencies, has the second-highest reversal rate of the 13 appellate courts below the Supreme Court.
Because of the gross judicial misconduct by the 9th Circuit, some argue that it must be disbanded. Part of the argument is the court is too big, too liberal and too slow in resolving cases.
“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake told Fox News on Wednesday. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”…
…Conservatives have mocked the 9th Circuit for years, often calling it the “Nutty 9th” or the “9th Circus,” in part because so many of its rulings have been overturned by the U.S. Supreme Court.
The court has a reputation as one of the most liberal in the country, in large part because of its makeup. Eighteen of the court’s 25 active judges have been appointed by Democrats. Former President George W. Bush appointed six justices, while former President Barack Obama appointed seven.
Reconsidering their decision
A judge on a San Francisco-based 9th Circuit appeals court has requested that the entire court vote on whether to review a three-judge panel’s decision to not reinstate President Donald Trump’s travel ban.
The U.S. Court of Appeals for the Ninth Circuit instructed the administration and the plaintiffs, Washington and Minnesota, to file legal briefs by next Thursday with their opinions about whether the ruling should be reviewed “en banc.”
That process would task an 11-judge panel at the Ninth Circuit to reconsider the case. The three-judge panel unanimously declined to lift a temporary restraining order on Trump’s executive order on immigration and refugees on Thursday evening.
The news comes as the White House has said it would likely not appeal the decision to the Supreme Court or have it reviewed en banc, and instead said it would fight for the controversial policy in a lower district court in Seattle. But White House chief of staff Reince Priebus subsequently said that the administration is still considering an appeal to the Supreme Court.
Trump also told reporters on Friday that he is considering signing a “brand new order” on immigration and refugees. Reworking the ban to be narrower could give it a better chance of holding up in court.
The three-judge panel that heard the case this week included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.
The judge who requested the vote on whether to review the ruling is unknown. A majority of the court’s active judges would need to agree to rehear the case.