Much attention in recent months has focused on the Supreme Court and its newly appointed justice, Amy Coney Barrett. But an analysis of decisions by the country’s appellate bench — where nearly all contested federal litigation ends — shows the transformation of the judiciary under Mr. Trump.
Early this year, The New York Times reviewed more than 10,000 published decisions and dissents during the first three years of the Trump administration. It found that the president’s picks for the appeals courts were more likely than past Republican appointees to disagree with peers selected by Democrats, and more likely to agree with their Republican colleagues, suggesting they were more consistently conservative.
An updated analysis of more than 1,700 opinions published over the first six months of the year shows that the trend has intensified as the judges have established a larger body of work.
“It’s more polarized,” said Joshua Fischman, a law professor at the University of Virginia. “We’ve seen a huge conservative shift. A lot of these judges are very young, and they’ll be there for a long time.”
Mr. Trump has named 53 of the 165 judges on the nation’s regional appeals courts: lifetime appointments that will have a vast and enduring impact. Most cases on the courts are decided unanimously by three-person panels, and dissent is relatively rare. But as a group, his selections were nearly four times as likely to clash with colleagues appointed by Democratic presidents as those appointed by Republicans. Judges nominated by Presidents Ronald Reagan, George H.W. Bush and George W. Bush showed the same tendency, but to half the extent.
The judges who exhibited the pattern included some who had been under consideration for the Supreme Court, and some who had deep political connections on Capitol Hill. One had done legal work for Mr. Trump’s 2016 campaign and later, as acting head of the Justice Department’s civil division, was in charge of defending high-profile presidential policies that came under attack in the courts.
Yet while Mr. Trump has made clear that he expects loyalty from his judicial appointees, they have ruled against him in lawsuits that his campaign brought regarding the 2020 election. Most notably, Justice Barrett last week joined her fellow justices in denying an effort by Texas to overturn the Biden victory in four battleground states.
At the appeals level, Judge Stephanos Bibas of the Third Circuit, nominated in 2017, wrote a blistering decision last month rejecting the Trump campaign’s election challenge in Pennsylvania. And Judge Andrew L. Brasher of the 11th Circuit, appointed this year, wrote an opinion this month rebuffing the campaign’s effort to bypass the lower federal court and decertify Georgia’s election results.
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Mr. Fischman said that to rule differently would have been to flout the law. “It’s completely against judicial culture,” he said. “They just could not be taken seriously as judges if they sided with Trump here.”
Judges Bibas and Brasher serve on courts that Mr. Trump has flipped toward conservative majorities. While Judge Bibas was not among the most disputatious of the appointees, according to the analysis, he dissented in a significant gun-rights case in which two Democratic appointees upheld New Jersey’s limit on large-capacity magazines.
“We must treat the right to keep and bear arms like other enumerated rights,” he wrote. “We may not water it down and balance it away based on our own sense of wise policy.”
Justice Barrett — who until October served in Indiana on the Seventh Circuit, where there is a particular culture of agreement — also followed the pattern, striking out against Democratic-named colleagues over 7 percent of the time and against Republican appointees 2.5 percent of the time, the analysis showed.
In one such case, she disagreed that a man who had admitted to killing his wife was denied the right to a lawyer when a judge questioned him. (Her position later held sway when the case was considered by a full slate of Seventh Circuit judges.)
On the District of Columbia Circuit, Judge Neomi Rao, confirmed to the bench just last year, has already made waves. Of four cases with published opinions that she participated in alongside two Democratic appointees, she dissented three times, the analysis showed. In June, she wrote the majority opinion ordering a lower-court judge to dismiss the case against Michael T. Flynn, Mr. Trump’s former national security adviser.
In a case decided in May, Judge Joel M. Carson III of the Tenth Circuit dissented as his Democratic-appointed peers ruled against a challenge to the Trump administration’s ban on bump stocks, the attachments that allow semiautomatic rifles to fire in sustained bursts. That case is now under consideration by the full circuit.
And this month, Judge Lawrence J.C. VanDyke broke from his colleagues on the Ninth Circuit, objecting as they ruled against the Trump administration and called an immigration policy favoring wealthy immigrants for green cards “arbitrary and capricious.” Judge VanDyke was among the handful of Trump nominees at the appellate level whose qualifications were questioned by the American Bar Association.
Not all the judges fit the pattern: Many serve on courts with a majority of Republican appointees, and some belong to circuits with a stronger culture of consensus. But The Times found that Trump appointees were more likely to be involved in a case featuring dissent even when those factors were accounted for.
The analysis examined how often and with whom the judges agreed, but not the ideological content of their opinions. Though the cases sometimes touched on big policy debates — abortion, gun rights, policing — they more often concerned matters like employment disputes and criminal and immigration court appeals.
The Trump administration’s work in swiftly filling vacant judgeships has depended heavily on Republicans in the Senate, particularly Mitch McConnell, the majority leader. He has encouraged eligible federal judges to retire to create more openings, and has led a confirmation process in which Republicans shunned compromise and sought unbending conservatives and reliable political allies to populate the bench.
As of this month, if pending nominations are taken into account, President-elect Joseph R. Biden Jr. stands to inherit fewer than 25 openings across the federal judiciary, compared with the more than 100 that carried over to Mr. Trump from the Obama administration.
Democratic senators on the Judiciary Committee have appealed to Lindsey Graham, its Republican chairman through the end of the year, asking him not to proceed with any more nominations before Mr. Biden is sworn in.
But even with a Democrat in the White House, Republicans will be in a position to continue their push for conservative appointees, or at least block liberal ones, unless Democrats gain control of the Senate by winning both seats in next month’s special election in Georgia.
“A lot of what we’ve done over the last four years will be undone sooner or later by the next election,” Mr. McConnell said in October as Justice Barrett was confirmed. “They won’t be able to do much about this for a long time to come.”
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Like our page on facebook @ Info4everybody Last Wednesday, we published the success story from Dr. Vladimir Zelenko, a board-certified family practitioner in New York, after he successfully treated 350 coronavirus patients with 100 percent success using a cocktail of drugs: hydroxychloroquine, in combination with azithromycin (Z-Pak), an antibiotic to treat secondary infections, and zinc sulfate. Dr. Zelenko said he saw the symptom of shortness of breath resolved within four to six hours after treatment. Do you know that the ancient Egypt were civilized by architects from the (500,000 - 4000 BC) Nsukka Civiliation? Now, Dr. Zelenko provides updates on the treatment after he successfully treated 699 COVID-19 patients in New York. In an exclusive interview with former New York Mayor, Rudy Giuliani, Dr. Vladmir Zelenko shares the results of his latest study, which showed that out of his 699 patients treated, zero patients died, zero patients intubated, and four ho
THE AKAN Copied from the book, Reality as Myth by Onyeji Nnaji . The influence of the Akan on their content nations lies on their population and commonwealth of their brother nations. The Akan are one of the largest ethnic groups in West Africa. Their population is scattered across West Africa and beyond. Among this huge population of the Akan, the Ghanaians are more popular, perhaps because of the political influence of the Ashanti Empire in the area. Not much is heard or known about other Akan settlements like the Akwamu, the Akyem , the Akuapem, the Denkyira, the Abron, the Aowin, the Ahanta, the Anyi, the Baoule, the Chokosi, the Fante, the Kwahu, the Sefwi, the Ahafo, the Assin, the Evalue, the Wassa the Adjukru, the Akye, the Alladian, the Attie,the M'Bato, the Abidji, the Avikam,the Avatime the Ebrie,
Copied from the Book; " Reality as Myth " by Onyeji Nnaji The beauty of the discovering of the Radar Rivers and their channels is that it disproves the western hegemonic claim of the Euphrates valley being the position of the birth of the great river, all the points that opposed their claims notwithstanding. Even God himself was very perfect in His creation by placing them in their positions, hierarchically, according to their birth. The first river that flowed located the Havilah land where there are good quality gold, bdellium and fine onyx stones. Pison was the oldest of the rivers and it flowed through the land of the southern Africa. The second river flowed northward to Ethiopia. It was when Africa had been overtaken by virtue of her proximity to the Great Water that other parts of the world began to encounter the remaining river; remarkable with Hiddekel. Subscribe to ajuede.com to be updated on our posts on dailies. The major problem tow
Copied from the book, Reality as Myths by Onyeji Nnaji T he world of the Bantu travellers shows the walls of the migration that recorded the highest population among the African settlement. Originating from the largest population among the four races that settled in the east before time, all Bantu travellers were pygmies; for that was the nature of the Umudiala, the generation that gave birth to them. Bantu migration was rated the third earliest migration of the Negro race from the east. In this regard, all their movement had involved great population of people compared to the number of people involved in the two earlier populations that gave birth to Ethiopia, Nubia and Egypt: the Walker Traveller, and the Race of Anu. Bantu population as we have identified in the third chapter above outweighs the rest of the population of the ancient fathers that founded many of the nations of antiquity mentioned earlier. Discussing them in beat will pose a little challenge since
STRICTLY FOR COUPLES … You will know that the man is the head while you are his neck. As such, you direct his focus and make him fixative Our series include the following : * Show him what he looks out for from other women * Teach him like he knows nothing * Learn to play naked games with your husband * Learn to package yourself * Learn to work on your husband M y neighbour had v owed never to let any girl survive as a salesgirl in my shop. This thing has happened for over three times. Each time we brought a new salesgirl, the girl would stay for two or three months; and suddenly she would end her contract with us. In all these, my husband did not know. So, being that the girls usually stole money and other items, the reason for their departure became genuine, thus: they ran away to avoid being punished for their actions. But behind this, the underlying truth is that the girls had been embarrassed by my neighbour who would warn them to leave her loosed husband. Re
T he name Nkalaha is a coinage which stands for a people occupying a geographical land and regional setting in the eastern part of Nigeria. It is a coinage which attempts to explain the direction of movement and adventure of the men who founded the community in the 15th century AD. According to oral sources and some documentation about this community, some of these men were believed to have traveled from Ida, old Benue state of Nigeria to inhabit the land. These men had traveled on different days to locate the place. Onojah who originally founded the land was said to have been in a deep search for a place of safety as he was besieged by a fate that appeared to make him somewhat incompatible with his own people. Nkalaha is one of the communities that make up Ishielu Local Government Area of Ebonyi State. Nkalaha occupied the northern part of Ishielu Local Government Area. She is located through the zip 135.031.000. The community sits on 923.768km 2 . She shares boundaries
The Mystery of Number, “Five” in the Igbo Cosmology. From: Aspects of the Ancient African Metaphysics; Chapter: Seven; Topic: Igbo Geometries and the Metaphysics of Numbers. Author: Onyeji Nnaji. I n the Igbo cosmology, the word Isee is a definite symbolic word as revealed through the Igbo language and culture. A human being has five fingers, five toes. The hands and feet are fundamentals to the survival in life as they are necessary in ensuring that man moves to places where he gets food and grapples on the food to sustain his life. To this view, the rhetoric that binds vocatives in the form of incantation (anchoring on the heart-lock: four ) and the concomitant reprisal in the manner of affirmation that holds the human life bind to his original spiritual person, therefore defining existence and essences are unified by the corresponding echo: Isee!!!!! Therefore it stands that anytime a prayer is said in the Igbo land, the attendants who would want the fulfillment of the
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There are four generations…, and the fourth generation, which is the most exalted, is kingless and perfect. These people will enter the holy place of their Father and they will reside in rest … They are kings. They are the immortal within the mortal ( The Nag Hammadi, 219 ) Also read Nsukka Civilization: The Peopling of Ancient Nsukka One of the African homes that colonialism has completely deformed beyond certain level of recognition is Nsukka. Colonialism apart, the most affecting factor to the survival of the meaning which the rich cultural enclave, Nsukka, carries will best be blamed on postcolonial political structure. The biggest harm all these have against Nsukka as a people is that they rubbed her of the meaning of her name; their place of origin; how their fathers managed to come into their present abodes and who their ancestors were. A profound understanding of the excerpt above will open the door towards deciphering the meaning and origin of the people call
by Onyeji Nnaji Eha-Amufu road newly constructed by Governor Ifeanyi Ugwuanyi of Enugu state in 2019 A part from the strategic location of the Federal College of Education, one central reason remarkable about Eha-Amufu is her central position and her boundary situation. Eha-Amufu stands at the centre of many communities; as a result she has served as the gateway to different communities. She is bounded to Nkalaha, Agala, Ikem, Umuero and other communities, including Obeagu (pronounced Ubegu). Aside from that, Eha-Amufu embodies the route that traces the way to the northern part of Nigeria for travellers travelling from Ebonyi axis. Eha-Amufu also forms the remarkable boundary community between Enugu State and Ebonyi State. This situation makes Eha-Amufu very strategic in the discussion of the road and rivers across Ebonyi and Enugu. In the era when transportation on rail was the order of the day, the most popular then ‘Express Train and la