President Trump Is 'Absolutely' Considering Breaking Up the Ninth Circuit Court

I don’t think he has that power. Article III, Section 1 of the Constitution says:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

So Congress may have the power, but not the President.

1 Like

All he can do on most topics is garner support in the GOP party, and sign the final bill.

Executive Orders are the only thing that he really owns.
Yet POTUS still gets and deserves credit for driving initiatives.
Doesn’t Obama deserve credit for ACA, which was created by Congress?

I think Congress (both houses) would be reluctant to tamper with the Federal judiciary.

Even Franklin D. Roosevelt couldn’t get his court-packing bill through Congress, and he had considerably more public support (and, I believe, a majority in the House) than Donald Trump.

And Trump ain’t no FDR.

It’s kinda irrelevant, it won’t change judge shopping.
There will always be one that leans liberal, breaking up the 9th is irrelevant.

Net, this alarmism is manufactured, fake news if you will.

More circuits + break up California into three or six states [which has been proposed many times].

Should be interesting.

Not exactly “packing the court”.

[Maybe packing the Congress … with more members who are “Constitutionalists”. Four or ten additional Senators. Realigning the House districts.][New York and New Jersey will continue to lose influence.]

[Adding more justices at the district level.]

Most people don’t realize that the Federal courts “report” to Congress.

1 Like

It we followed the constitution the president wouldn’t be able to do ninety percent of the things he does. But we don’t.

Changing the structure of the courts isn’t tampering with it. Federal districts get changed from time to time.

Yes, but this is a circuit Court, and the change would be for purely political reasons. I don’t see it happening.

I doubt it too, but I don’t consider it beyond the realm of possibility. That’s a lot of political jobs for politicians to hand out, not to mention a new courthouse for some favored contractors to build in some favored city.

All legislation or lack of regarding the courts is for purely politician motivations. For instance the Republicans in Congress never remove the power of the courts to judge abortion a constitutional right. They could, but they never do so they can constantly run on ending abortion.

That would leave all the pro-abortion cases in place, though. After Roe, removing their jurisdiction would have done no good.

I don’t know about that. But defining personhood would also solve the problem. Solving problems doesn’t get you re-elected. Keeping the problems forever about to be solved does.

Constitution, Schmonstitution. I’m the Donald, King of the World!!!

1 Like

Why do you think that that would solve the problem?

I love this post! So funny!

:trophy: :medal_military:

Rate of overturned decisions. From 1999 to 2008, of the 0.151% of Ninth Circuit Court rulings that were reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for the same period.

Thanks for the correction!

More recent data for a more recent time period:

The 9th Circuit’s reversal rate is higher than average, but it’s not the absolute highest among the circuit courts. That distinction goes to the 6th Circuit, which serves Ohio, Michigan, Kentucky and Tennessee, with an 87 percent average between 2010-15. The 9th Circuit is in third place.

  1. 6th Circuit - 87 percent;
  2. 11th Circuit - 85 percent;
  3. 9th Circuit - 79 percent;

6th Circuit: RED
•Eastern District of Kentucky.
•Western District of Kentucky.
•Eastern District of Michigan.
•Western District of Michigan.
•Northern District of Ohio.
•Southern District of Ohio.
•Eastern District of Tennessee.
•Middle District of Tennessee.

11th Circuit RED

1 Like

The President nominates the specific individuals to become Federal judges. The President’s choices get voted on by the Senate.

So, yes, the President.

DISCLAIMER: The views and opinions expressed in these forums do not necessarily reflect those of Catholic Answers. For official apologetics resources please visit