Scholars: ‘Liberal’ reputation of 9th Circuit overblown
SEATTLE — The 9th U.S. Circuit Court of Appeals, which is weighing the appeal concerning President Donald Trump’s executive order on immigration, is the federal appeals court conservatives have long ridiculed as the “nutty 9th” or the “9th Circus.”
Covering a huge swath of territory — nine western states plus Guam — the San Francisco-based court handles far more cases than any other federal appeals court, including some rulings that have invoked furor from conservatives over the years. Among them: finding that the phrase “under God” in the Pledge of Allegiance is unconstitutional, that the “don’t ask, don’t tell” policy on gays in the military was problematic long before President Barack Obama’s administration ended it, and that states can force pharmacies to dispense emergency contraceptives.
But some legal scholars say the 9th Circuit’s liberal reputation is overblown and that the court has moved to the middle as some of President Jimmy Carter’s appointees — who were considered extremely liberal — have taken semi-retired “senior” status or passed away. A Democratic Congress nearly doubled the number of judges on the court during Carter’s tenure, and his appointees faced easy confirmation in the Senate.
President George W. Bush appointed six of the court’s 25 active judges, but 18 have been appointed by Democrats, though the seven appointed by President Barack Obama are generally considered moderate, said University of Richmond Law School Professor Carl Tobias.