Apparently, the United States Senate would first have to pass legislation to break up the ninth circuit court of appeals. Legislation is currently pending, but Democrats would stand opposed to the breakup.
Hopefully, President Trump will not flip flop and will support Republicans in the Senate seeking the breakup.
President Trump is considering breaking up the 9th Circuit Court after a federal district court judge in its jurisdiction blocked his order to withhold funding from “sanctuary cities.”
In a Wednesday interview with the Washington Examiner, Trump said “there are many people who want to break up the 9th Circuit. It’s outrageous.”
In the interview, Trump accused liberals of “judge-shopping” for a court that would strike down his executive order.
“I mean, the language on the ban, it reads so easy that a reasonably good student in the first grade will fully understand it. And they don’t even mention the words in their rejection on the ban,” Trump said.
Trump claimed the court oversteps its authority and that his opponents “immediately run” to the court for “semi-automatic” rulings.
The 9th Circuit earlier this year blocked Trump’s executive order that barred immigration from certain Muslim-majority countries and banned all Syrian refugees from the U.S. for a period of time.
Earlier Wednesday, Trump railed against the 9th Circuit over a judge blocking his order withholding funds from sanctuary cities.
If Trump decides to move forward with plans to break up the court, he’ll have Republican support. Earlier this year, Sen Jeff Flake (R-Ariz.) voiced support for breaking up the court, which is seen as one of the most liberal in the country.
On Tuesday, a federal judge rejected Trump’s order to defund sanctuary cities, arguing that the White House had overreached with requirements not related to law enforcement.
The 9th Circuit Court covers Arizona, California, Alaska, Nevada, Idaho, Oregon, Montana, Washington and Hawaii, as well as Guam and the Northern Mariana Islands.
Eighteen of the court’s 25 judges were appointed by Democratic presidents.
Alaska Public covered the story of legislation aimed at breaking up the 9th circuit last year, before President Trump’s threat.
The age-old effort to split up the Ninth Circuit Court of Appeals is back. Republican senators Dan Sullivan of Alaska and Steve Daines of Montana have co-sponsored the latest bill. The Ninth Circuit is the federal appeals court for Alaska and eight other western states. It is by far the biggest of all the circuit courts, serving a population nearly double the second largest.
Campaigns to split it up date back to at least the 1940s.
Many critics say the court is dominated by California judges and too liberal. The co-sponsors, though, stuck to statistics in a statement today promoting their bill. The senators say the court has over 14,000 pending cases, more than three times the volume of any other circuit, and takes longer, on average, to resolve them.
The bill would leave California and Hawaii in the Ninth and move the other states to their own circuit.
California’s Democratic senators have fiercely opposed such bills. And environmental groups have charged that splitting the Ninth Circuit is really an effort to gerrymander the court.
CNN offers a balanced story on the issue that goes into more depth than this post.
What is clear is that Republicans should have fought tooth and nail to prevent liberals from being confirmed to serve on the 9th circuit. The liberal philosophy of legislating from the bench is not what the framers of the Constitution had in mind.