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In It to Win It

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23. Unlikely, sure but more likely than we would like. Biden's appointments didn't shift the balance of the 9th Circuit

Fri Jun 20, 2025, 01:06 AM

Jun 20

Trump’s appointments did shift the balance. To my knowledge, Trump replaced four Democratic appointees. Biden didn’t replace any Republican appointees. Biden just replaced old Democratic appointees with new Democratic appointees.

I remember doing the math some years ago in which about 1/3 of en banc cases in the 9th circuit at the time had panels with a majority of GOP appointees, which makes sense because Trump did appoint about 1/3 of the active judges. Sure, having a majority 2/3 of the time is good, but 1/3 is a bigger slice than I care to give Trump.

Right now, the 9th Circuit has 16 en banc cases with assigned judges. As best as I could tell, 5 have GOP majorities so it just about follows the same trend… and an additional 3 cases have 5 GOP appointees out of 11, which is too close for comfort when it comes to Trump IMO.

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NEW: Ninth Circuit says Trump "likely... lawfully exercised his statutory authority" federalizing CA National Guard [View all] In It to Win It Jun 19 OP

so much for courts protecting us from the Gestapo lapfog_1 Jun 19 #1

There's not much hope with this SCOTUS anyway newdeal2 Jun 19 #3

That's depressing as shit. nt Phoenix61 Jun 19 #2

Indeed. Fuck! LymphocyteLover Jun 20 #17

Rotten bastards! SheltieLover Jun 19 #4

So is that it? Judge Breyers order is wiped Iwasthere Jun 19 #5

It's a stay until the next appeal Fiendish Thingy Jun 20 #21

But trump is going to attack Figarosmom Jun 20 #24

So can it be appealed to the full En Banc 9th circuit? Fiendish Thingy Jun 19 #6

Appeal rso Jun 19 #7

It's possible an en banc panel could be a majority of Trump appointees In It to Win It Jun 19 #8

En Banc is the entire court dsc Jun 19 #12

Not in the 9th circuit. 9th Circuit does en banc hearings with 11 judges. In It to Win It Jun 19 #15

Technically possible Fiendish Thingy Jun 20 #20

Unlikely, sure but more likely than we would like. Biden's appointments didn't shift the balance of the 9th Circuit In It to Win It Jun 20 #23

What is En Banc? Amaryllis Jun 19 #10

The entire active court dsc Jun 19 #13

When a case is reheard by all appeals court judges in a circuit In It to Win It Jun 19 #14

This ruling was written by a three judge panel Fiendish Thingy Jun 20 #16

The 9th Circuit's en banc hearings consist of 11 judges In It to Win It Jun 20 #19

Better than three. Nt Fiendish Thingy Jun 20 #22

Hard to accept but I think this is what America has become - this is who we are walkingman Jun 19 #9

...and the coup goes on.. spanone Jun 19 #11

two trump nominees... of course LymphocyteLover Jun 20 #18