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Overruling 9th Court Seems to Be Par for the Course

Overruling 9th Court Seems to Be Par for the Course

Opinion

by Allen P. Hemphill

Almost lost among the election run-up and the stunning results was the almost earthquake-like reversals of the California’s leftist 9th U.S. Circuit Court of Appeals by the U.S. Supreme Court.

Three times in a single day , if not a record, it is beyond current memories , the U.S. Supreme Court unanimously reversed the most overturned court in the nation. The three decisions were not just unanimous, but they were all summary judgments, meaning that the Supreme Court justices would not even let the 9th Court argue the issues before the Supreme Court!

“No! And not just no, but hell, no!” was the message the entire U.S. Supreme Court delivered to the Appeals Court that handles the appeals from California, Hawaii, Oregon, Arizona, Alaska, Idaho and Nevada.

The U.S. Supreme Court has unanimously overturned more decisions of the 9th Court than any other court in history, often overturning 90 percent or more of the appeals made to the Supreme Court from the 9th Court. The jokers on the 9th Court of Appeals appear to take some perverse pleasure from making rulings that are so silly that they cannot get even one of the most liberal Supreme Court justices to side with them.

Previously, the U.S. Supreme Court had sent warnings to the 9th Court, asking, in the most judicial way, “What are you clowns doing over there?”

The answer is, that headquartered in San Francisco and containing some of the most liberal judges ever imagined in the minds of the most liberal Democrats, the 9th Court is immune from reality. They hold lifetime jobs, and answer only to God in whom they do not collectively believe.

Now the specific content of the cases involved in this most recent hand-slapping are less important than the hand-slapping, but, for the record, the three cases were small issues. Two were from habeas corpus appeals from convicted murderers and an immigration case in which the 9th Court overturned an Immigration Court. It was really vanilla court material, but cases where the 9th Court made decisions that should have remained in lower courts but couldn’t help but try to make new law.

The Supreme Court in effect said, “Your job is to enforce constitutionally legitimate laws , not make new ones on your own.”

They have been told that before, time and time again. So long as liberal senators like Boxer and Feinstein get the say on who gets selected or approved for those positions on the 9th Court, this farce will continue. At least with the recent Republican Senate victory, President Bush will get his nominees out of the Democrat-led Judicial Committee and on to the floor for a vote. Many conservative judicial nominees would have had already been serving with strong Democratic support , if they could have just had a floor vote from the entire Senate.

If the Republicans can just maintain the Senate for a few elections, the judiciary may get reformed.

Hemphill is a real estate agent in North County and an Escondido resident.

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