Ninth Circuit no longer a liberal bastien

MSN:

When President Trump ticks off his accomplishments since taking office, he frequently mentions his aggressive makeover of a key sector of the federal judiciary — the circuit courts of appeal, where he has appointed 51 judges to lifetime jobs in three years.

In few places has the effect been felt more powerfully than in the sprawling 9th Circuit, which covers California and eight other states. Because of Trump's success in filling vacancies, the San Francisco-based circuit, long dominated by Democratic appointees, has suddenly shifted to the right, with an even more pronounced tilt expected in the years ahead.

Trump has now named 10 judges to the 9th Circuit — more than one-third of its active judges — compared with seven appointed by President Obama over eight years.

"Trump has effectively flipped the circuit," said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.

To assess the early impact of these appointments, The Times interviewed several judges on the 9th Circuit. Some either declined to discuss their colleagues or inner deliberations or refused to be quoted by name, saying they were not authorized to speak about what goes on behind the scenes.

To be sure, some of the new appointees to the 9th Circuit have quickly won the respect of their colleagues. But the rapid influx of so many judges — most without judicial experience — has put strains upon the court and stirred criticism among judges appointed by both Democratic and Republican presidents.

"Ten new people at once sends a shock wave through the system," a 9th Circuit judge said.

Among those who have caused the most consternation is Judge Daniel P. Collins, a former federal prosecutor and partner of a prestigious law firm.

Some judges said that in the early months of his tenure, Collins has appeared oblivious to court tradition. He has sent memos at all times of the night in violation of a court rule and objected to other judges' rulings in language that some colleagues found combative, they said.

Collins also moved quickly to challenge rulings by his new colleagues, calling for review of five decisions by three-judge panels, and some of the calls came before Collins even had been assigned to his first panel, judges said.

Active judges vote on the calls behind the scenes, and the public becomes aware of a failed effort only when dissents are later filed by the judges who favored reconsideration. Judges said it was unprecedented for a new jurist to try to overturn so many decisions in such a short period of time. The court has so far rejected most of Collins' calls.

"Collins has definitely bulldozed his way around here already in a short time," one 9th Circuit judge said. "Either he doesn't care or doesn't realize that he has offended half the court already."

Collins did not respond to a request for an interview.
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The "resistance" used the Ninth Circuit to challenge much of Trump's agenda, particularly on the border and on travel bans.  The change in the make-up of the court will restrict that in the future and the Supreme Court has overturned many of their more egregious rulings.

It is a change for the better.  It is one of the reasons why Trump is so popular with his base.