WASHINGTON (AP) — President Donald Trump, still chafing over rulings blocking his travel ban early this year, says he’s considered breaking up the West Coast-based 9th Circuit Court of Appeals.
Asked during a White House interview by the Washington Examiner if he’d thought about proposals to break up the court, Trump replied, “Absolutely, I have.” He added that “there are many people that want to break up the 9th Circuit. It’s outrageous.”
The comments echoed his Twitter criticism of the court Wednesday morning.
Trump called U.S. District Judge William Orrick’s preliminary injunction against his order stripping money from sanctuary cities “ridiculous” on Twitter. He said that he planned to take that case to the Supreme Court. But an administration appeal of the district court’s decision would go first to the 9th Circuit.
The Court of Appeals for the Ninth Circuit has been a thorn in the side of conservatives and any lover of liberty for decades. The most Left-leaning court is also, unsurprisingly, the court with the most overturned rulings.
Some of the wackiest rulings from the Circuit include:
Dariano v. Morgan Hill Unified School District: A case that held students could be sent home for wearing an American flag shirt on Cinco de Mayo because it could upset Mexican students.
National Institute of Family and Life Advocates v. Harris: A case that upheld a California State law requiring all pregnancy clinics to make known that abortions paid by taxpayer dollars were a viable option.
Peruta vs. San Diego: A case which stated that there is no right of self-defense outside the home guaranteed by the Second Amendment (this case may be taken up by the Supreme Court; we’re watching it).
We could go on, but you get the idea.
For Trump himself, the Ninth Circuit struck down his travel ban executive order from several countries designated as terror hot-spots (by the Obama administration, mind you).
It would take an act of Congress to break up the Ninth Circuit. While I’m sure Trump would love to do it himself, only Congress can change a court’s jurisdiction.
However, Congress may not even have to do that. There are currently four vacancies on the nation’s largest appeals court. The entire court has 29 seats, and an unparalleled case-load at nearly 10,000-12,000 per year.
Four vacancies out of 29 seats is not a huge number, but if Trump nominates four constitutionalist judges, it could swing the court away from its wacky tendencies in many of the cases it hears.
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