Ed. Note: This article first appeared in the Juris Lab, a forum where “data analysis is the law”.
The Ninth County is the largest judiciary by population in the United States. It also has more judges than any other circuit.
It has historically been recognized as a liberal cycle. With that in mind, former President Donald Trump railing against the Ninth Circuit and especially against Judge Tigar for ruling against its border policy.
Not only did Trump call Judge Tigar “a shame” and “an Obama judge,” he said the Ninth Circuit was “really something we need to look at because it’s not fair” and “[e]In the case filed in the ninth circuit, we will be beaten. “Trump could too appoint many judges on the ninth circle, which removes it further from its liberal past. This post looks at the interaction of judges on the ninth circle through dissent.
Epstein, Landes and Posner in their book The conduct of federal judges argue that the appointed president’s party tells a judge a lot about deviant behavior. Most importantly, they argue that judges from one party on a mixed panel are most likely to disagree with judges from another party. See opinions of Court hearer From 2019 to date, the majority of the Ninth Circle authors who opposed their opinion are as follows.
[Note: subtotals for all columns are provided below each metric.]
Judge Fletcher had the most disagreements against his opinion at eight. Of the judges nominated by Republican presidents, Judge Milan Smith Jr. had the most disagreements against his opinion, out of four. Of the 56 disagreements that the majority of authors faced, 36 were against Democrat-appointed judges and 20 against Republican-appointed judges. Also, more judges disagreed with judges appointed by President Clinton than judges appointed by any other president.
Next, a look at those who think differently:
[Note: several dissents were against per curiam opinions where there was no majority author.]
Republican presidential-appointed judges objected more than Democratic-appointed judges, 39-33 apart. Judge Callahan, a President-appointed judge appointed by President George W. Bush, objected six times the most. The Democratic candidate with the most disagreement was Judge Owens at four. More judges appointed by President Clinton disagreed than any other judge appointed by any other president.
Finally, a look at the relationship between the parties of the nominating majority president and the dissenting author, as well as the frequency of disagreements.
Both Republican and Democratic candidates objected four more times to judges appointed by presidents of the opposing party. Because the Republican-appointed judges had less overall dissent, their dissent rate against the Democratic-appointed judges was 60% higher than that of the Democratic-appointed judges (54.5%). These figures show that while judges in the ninth circle are more likely to disagree with the opinions of judges appointed by presidents of the opposing party, the differences are not great and that judges in this circle also differ against judges appointed by presidents of the same party, are different.
Read more in the Juris Lab …
Adam Feldman heads the process consulting firm Optimized Legal Solutions LLC. For more information, write to Adam at [email protected] Find him on Twitter: @AdamSFeldman.