Trump says he may break up 9th Circuit Court after rulings go against him

[BmorePat87]

(04-27-2017, 10:40 AM)Sociopathicsteelerfan Wrote: These recent rules raise interesting points though.  The Dems are clearly judge shopping when they file their motions against Trump's EO's in the 9th circuit.  IIRC on the first immigration order a federal judge on the east coast upheld the EO, citing well established precedent.  If two judges are giving completely divergent rulings on the same subject then something is very wrong.  Perhaps the best response to this would be a judicial panel that examines rulings that are overturned by Scotus or state supreme courts for diverging wildly from precedence or even being poorly made.  Maybe a three strike and the judge is out type rule.  That might curb the partisan leanings of all but the worst offenders.

The issue is who are we grading and what criteria? Trump keeps railing against the 9th Circuit and he said "80%" of their decisions are overturned, but that's the Court of Appeal's record and his current issue is just with a district court in that circuit. 

So are we grading district courts? Very few of their cases are heard by the appellate court and even fewer of those are heard by the Supreme Court. The district courts in that circuit have an overturn rate of 1% for ALL of their cases.

If we're grading the appellate courts, 80% isn't too wild. That's actually 79% and it's from 2010-2015. The SCOTUS average was 70%. the highest was the 6th circuit at 87% and 11th at 85%. Those two circuits went entirely Trump in 2016. The 3rd was 78%. The average the decade prior to those numbers was 80% by SCOTUS. So what is an egregious number?

Not to mention the only checks there are suppose to be against partisan judges are removal if they commit crimes and the SCOTUS being the final ruling. For the most part, our SCOTUS make ups have been pretty even, preventing damaging partisan decisions from remaining.