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The 9th Circuit and
Lower Federal Courts !

February 20, 2017

Recently, the States of Washington and Minnesota filed injunctions seeking to block the enforcement of President Trump’s temporary suspension on the entrance into the United States, of individuals from seven countries.   Washington state filed first in the Federal Court located in Seattle, a city located within the jurisdiction of the Federal 9th Circuit Court of Appeals which is located in San Francisco. 

On February 9th, three of the judges of the 9th Circuit upheld the Seattle Court’s ruling allowing the stay ruling stating more information would be needed in order to issue a decision. 

The 9th Circuit has earned many names including:  presumptively reversible, and the 9th circus.  This court is noted for its liberal stands over many decades.  At times, the Court has been the court with the highest percentage of Supreme Court reversals or vacated decisions.  The 9th Circuit  has jurisdiction over the largest land area of any U.S. Federal Court containing 20% of the United States population.

Jimmy Carter stacked the court with the most liberal judges imaginable during his term in office.  Judges included Stephen Reinhardt, “liberal lion” and Harry Pregerson.  Harry once made a comment when asked if he would follow the law or his conscience, “I would follow my conscience.”  Rulings from this Court include: ruling the Pledge of Allegiance unconstitutional because it contained, “under God”, that individuals have no constitutional right to bear arms, and that laws banning assisted suicide violate the 14th Amendment.  All of these and many more were eventually overturned by the Supreme Court.  

The court’s most recent decision upholding the stay of Trump’s executive order to temporarily suspend immigration from selected countries; again started the wheels of court activism turning. The Constitution, along with 200 years of precedence, gives almost unlimited power to a President, to conduct foreign affairs.  He may appoint ambassadors, negotiate executive trade orders with countries, and choose which countries to recognize and not least, to protect United States citizens from foreign harm. 

In Trump’s executive order he relied upon a 1952 law, used by several President’s, including Carter, Clinton, and Obama to temporary suspend immigrates from countries deemed to be in significant disorder and therefore unable to properly vet those who exited their countries. 

The 9th Circuit is now claiming the power to interfere with powers constitutionally granted to other branches.  These few rogue Federal Court judges, who seek to legislate from the bench, continue to undermine basic legal doctrine and the foundations of our government. 

Last week we discussed the importance of the Supreme Court Justice nominee and his views on the role of the Court.  It is also imperative that the President work to appoint justices in lower courts that will uphold the law and stay within their constitutionally defined role.  The 9th Circuit is a good place to start.  During the next four to eight years, many of the liberal judges will be retiring.  We encourage President Trump to act with the same vigilance with respect to the lower courts as he has with the Supreme Court.  

Mark, Bill and John

See a related column: September 12, 2016 |  What Happened While You Were Sleeping? The Federal Judiciary

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