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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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How left wing is the 9th circuit really?
Disclaimer: I lean more libertarian than conservative though most would characterize me as conservative based on how I actually choose to live my life so I have no dog in a traditional left/right fight.
I was just reading the thread Obama, 9th Circuit Appeals and Incorporation thread and in particular this article and the following occurred to me: The fact that the 9th circuit is the most commonly overruled district court in the country is indisputable, but has anyone made the effort to do a statistical analysis? Of course they are overturned more often - they hear the most cases. The fact that they have been overturned in fifteen of the last sixteen cases heard by SCOTUS also means little since they only take the most controversial cases, usually involving circuit splits. They lean liberal while SCOTUS leans conservative. What proportion of their decisions are reviewed would be more meaningful than how many times they are overruled. Off to research now, but I thought the question ought to be asked before an answer provided. If anyone has a ready answer, don't hesitate to post. I won't be offended. Ryan
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Bless, O Lord, this creature beer, which thou hast deigned to produce from the fat of grain: that it may be a salutary remedy to the human race, and grant through the invocation of thy holy name; that, whoever shall drink it, may gain health in body and peace in soul. Through Christ our Lord. Amen |
#2
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I did not know this, but I don't think that means little. That means to me they make some pretty stupid decisions, and should be re-evaluated. |
#3
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The Ninth Circuit is the largest of all the circuits in terms of territory / jurisdiction. The circuit is indeed known for some pretty left leaning opinions, and in fairness judges tend to be nominated to serve from their home states and, at the lower levels, are going to have been political animals to some degree or another. And a majority of the judges currently sitting were appointed by Democrat presidents.
So you kind of have a court that reflects, to some degree, the political and social realities of the west... particularly in California. That said Judge O'Scannlain gave us the Nordyke ruling... so they aren't always wrong. Here is a Judgepedia link to the Ninth Circuit.
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-- Rifle, Pistol, Shotgun Not a lawyer, just a former LEO proud to have served. Quote:
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#4
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The ninth circuit is a la-la land extension of CA liberalism, led by the space cadet Thelton Henderson. Remember prop. 209 (among others) that the voters approved, then got un-done? That was the ninth. Remember the inmate convicted of murdering prison guards who's conviction was overturned cause he had hemmorroids or hangnails? U.S. ninth circuit.
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#5
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7x57
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What do you need guns for if you are going to send your children, seven hours a day, 180 days a year to government schools? What do you need the guns for at that point?-- R. C. Sproul, Jr. (unconfirmed) |
#6
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Prop 187 is what you're thinking of, and the state essentially refused to fight against the case. |
#7
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Yes the other states in the circuit are shackled to California in terms of jurisprudence and rulings, however there are judges based all around the circuit and they bring at least some of their state's manners and mores with them. Judge O'Scannlain, the author of Nordyke is based out of Portland, for instance. California, with the significantly higher population and number of cases would statistically and practically shift the balance however. Yes.. the circuit does badly need to be split. It's too large, unwieldy to manage and runs the risk of unfairly imposing itself onto segments of society that disagree with it. Newdow comes most immediately to mind. A number of the judges currently on the bench have spoken strongly in favor of a split, and I believe strongly it's an idea whose time is now.
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-- Rifle, Pistol, Shotgun Not a lawyer, just a former LEO proud to have served. Quote:
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#8
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Let us know the figures you come up with for the last five years or so. I do seem to recall an outlier in there somewhere. NTM |
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#10
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The 9th circuit needs to be broken into at least 3 courts for a total of 15 (?) ciruits nation wide. WAY too liberal!!!!!
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