Liberals Panic as Trump Could Flip Left-Leaning Ninth Circuit

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Outgoing Sen. Barbara Boxer (D-CA) called the vacancies a judicial emergency, according to Bay Area public radio station KQED, even though there are 29 judges on the court. The emergency is that Trumps nominees might be able to make the court more conservative.

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The Ninth Circuits jurisdiction covers many West Coast states, and its decisions have often reflected the liberal political culture of California and other left coast outposts. Over the past several decades, the frequency with which the U.S. Supreme Court which had a narrow 5-4 conservative majority until 2016 reversedNinth Circuit rulings became a recurring theme. However, the Ninth Circuit has shown flashes of independence, as in recent Second Amendment rulings.

Liberals are worried about that increasing moderation at the Ninth Circuit. KQED interviewedUniversity of Richmond law professor Carl Tobias, who commented: I think even in the Obama years the court has moved to be more moderate than it used to be, so I think that with those four appointments it could make some difference and move the court further in that direction.

On some issues, particularly on gay marriage, the liberal outlook of the Ninth Circuit has also become accepted more widely. The Supreme Courts ruling onHollingsworth v. Perry (2013), for example, vacated the Ninth Circuits ruling on procedural grounds but effectively paved the way for the legalization of same-sex marriage in California and elsewhere.

Barring a last-minute set of recess appointments, Trump will be able to fill the four vacancies, subject to the approvalof the Senate. During the election, Trump produced a list of potential conservative judicial nominees to the Supreme Court.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He was named one of the most influential people in news media in 2016. His new book,See No Evil: 19 Hard Truths the Left Cant Handle, is available from Regnery through Amazon. Follow him on Twitter at @joelpollak.

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Liberals Panic as Trump Could Flip Left-Leaning Ninth Circuit

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