DimWit Politics

Time To Break Up For The Ninth Circuit Court

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Time To Break Up For The Ninth Circuit Court

Time To Break Up For The Ninth Circuit Court
April 27
16:09 2018

There is increasing talk about breaking up the Ninth United States Circuit Court of Appeals.  That is the one that embraces nine western states and one territory.  One out of every five American citizens resides in that jurisdiction.  Sitting on those judicial benches are some of the most liberal and activist judges in America.  As such, they focus more on the contemporary political trends of the day – at least in that geography – than the language of the Constitution and the intent of our nation’s founders.  They usurp the role of Congress by making law rather than interpreting it.

Besides their manifest political bias – or because of it – the United States Supreme Court has found it necessary to overturn an astonishing 80 percent of the Ninth Circuit’s decisions – often by both the conservative and liberal members of the high court.  The justices of the Ninth Circuit are being overturned so often that the term “rogue court” sounds increasingly apt.

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Left-wing activists bring their causes and cases to the Ninth District as often as possible, knowing they will more than likely get the decisions they desire as the cases move from the lower courts to the infamous Ninth Circuit Court of Appeals.  A recent example is President Trump’s temporary ban on general immigration from five nations that have ineffective vetting or present a heightened opportunity for terrorists to gain entry to the United States.  The ban covers Syria, Iran, Libya, Somalia and Yemen – nations originally red flagged by President Obama.

Left-wing Democrats do not like anything that interferes with the free flow of immigrants and migrants into our country.  They are more than willing to take in a number of murderers, rapists, terrorists and other bad actors as long as they can depend on the potential votes – legal or otherwise — of the large majority of new comers.  There is no other reason for their reluctance to secure the border and tighten the vetting process.

As expected, judges in the Ninth Circuit struck down Trump’s temporary travel restriction, arguing that it was an unconstitutional ban based on religion – a ban on Muslims.  One does not need to have a law degree to see the silliness of the Democrats’ claim and the inappropriateness of the Ninth Circuit decision.  That is because the decisions of the Ninth Circuit are based on partisan politics — which is too often a stranger to common sense.

As Trump fairly notes, “It just shows how broken and unfair our Court System is … when the opposing side in a case (such as DACA) always runs to the Ninth Circuit and almost always wins before being reversed by higher courts.”  The travel ban case is currently being heard by the United States Supreme Court and based on the questions and comments of the justices, the odds are heavily in favor of yet another overturn for the Ninth Circuit.

The case for breaking up the Ninth Circuit goes beyond the political biases and questionable judicial judgment of the justices vis a vis the Constitution.  To put it simply, there are just too many cases being filed with the Ninth Circuit. If justice delayed is justice denied, then the Ninth Circuit does a great injustice to the American people.

Splitting up a large district is not new.  The old Fifth Circuit was divided into a new Fifth and an Eleventh Circuit covering three states each.  Calls for breaking up the Ninth Circuit have been ignored since the 1970s – and the problem has only gotten worse.  The Ninth Circuit needs to be divided into two or three circuits.  It is just too large to succeed.

About Author

Larry Horist

Larry Horist

Larry Horist is a conservative activist with an extensive background in economics, public policy and politics. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman, as well as the White House. He has testified as an expert witness before legislative bodies, including the U. S. Congress, and lectured at major colleges and universities. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He can be reached at lph@thomasandjoyce.com.

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3 Comments

  1. Speedoflitebullpower
    Speedoflitebullpower April 30, 15:19

    I would just like to take this opportunity to thank you Larry Horist for posting this article of yours, giving the American People an understanding of our Judicial System. On the same token, where is the Righteous legal owners manual on how to make the proper changes, for what I phrase as those who implement Legal Corruption such as these people in the ninth district court who “usurp the role of Congress by MAKING LAW rather than INTERPRETING THE EXISTING LAW”

    Reply to this comment
  2. Ed
    Ed April 30, 16:58

    I certainly agree with the author. It’s more than time for judges to get back to judging and not making law!!

    Reply to this comment
  3. marlene
    marlene April 30, 18:21

    We need an entirely new Congress that will break up these lifetime appointments of judges because no conservative judge is willing to get rid of a liberal judge, which is the remedy for removing them; but not the only remedy.

    Reply to this comment

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