I am not a lawyer, and have no legal training and did not stay at a Holiday Inn last night (so forgive me if I am mistaken here)
I believe 1 of the 11 will be the the Chief Judge (Clinton appointee) so guessing one against us at the start.
Out of the other 47 on the 9th 24 are Republican Appointees so about 50/50
Sad to say I am afraid it will come down to the luck of the draw.
Would it be better if we could get a full en blanc review, maybe maybe not, by part lines it seems it would.
Ninth Circuit rules provide for full en banc review in limited circumstances
Curious what those circumstances would be as opposed to 11.
Chief among these is the Ninth Circuit's unique rules concerning the composition of an
en banc court.
1 SIddney R. Thomas Chief Judge Billings 1/4/1996 Clinton
2 Alfred T. Goodwin Senior Circuit Judge Pasadena 11/30/1971 Nixon
3 J. Clifford Wallace Senior Circuit Judge San Diego 6/28/1972 Nixon
4 Mary M. Schroeder Senior Circuit Judge Phoenix 9/26/1979 Carter
5 Jerome Farris Senior Circuit Judge Seattle 9/27/1979 Carter
6 Dorothy W. Nelson Senior Circuit Judge Pasadena 12/20/1979 Carter
7 William C. Canby, Jr. Senior Circuit Judge Phoenix 5/23/1980 Carter
8 Diarmuid F. O'Scannlain Senior Circuit Judge Portland 9/26/1986 Reagan
9 Edward Leavy Senior Circuit Judge Portland 3/23/1987 Reagan
10 Stephen S. Trott Senior Circuit Judge Boise 3/25/1988 Reagan
11 Ferdinand F. Fernandez Senior Circuit Judge Pasadena 5/22/1989 Bush
12 Andrew J. Kleinfeld Senior Circuit Judge Fairbanks 9/16/1991 Bush
13 Michael Daly Hawkins Senior Circuit Judge Phoenix 9/15/1994 Clinton
14 A. Wallace Tashima Senior Circuit Judge Pasadena 1/4/1996 Clinton
15 Barry G. Silverman Senior Circuit Judge Phoenix 2/4/1998 Clinton
16 Susan P. Graber Circuit Judge Portland 3/19/1998 Clinton
17 M. Margaret McKeown Circuit Judge San Diego 4/8/1998 Clinton
18 Kim McLane Wardlaw Circuit Judge Pasadena 8/3/1998 Clinton
19 William A. Fletcher Circuit Judge San Francisco 10/9/1998 Clinton
20 Ronald M. Gould Circuit Judge Seattle 11/22/1999 Clinton
21 Richard A. Paez Circuit Judge Pasadena 3/14/2000 Clinton
22 Marsha S. Berzon Circuit Judge San Francisco 3/16/2000 Clinton
23 Richard C. Tallman Senior Circuit Judge Seattle 5/25/2000 Clinton
24 Johnnie B. Rawlinson Circuit Judge Las Vegas 7/26/2000 Clinton
25 Richard R. Clifton Senior Circuit Judge Honolulu 7/30/2002 Bush
26 Jay S. Bybee Senior Circuit Judge Las Vegas 3/21/2003 Bush
27 Consuelo M. Callahan Circuit Judge Sacramento 5/28/2003 Bush
28 Carlos T. Bea Senior Circuit Judge San Francisco 10/1/2003 Bush
29 Milan D. Smith, Jr. Circuit Judge El Segundo 5/18/2006 Bush
30 Sandra S. Ikuta Circuit Judge Pasadena 6/23/2006 Bush
31 N. Randy Smith Senior Circuit Judge Pocatello 3/19/2007 Bush
32 Mary H. Murguia Circuit Judge Phoenix 1/4/2011 Obama
33 Morgan Christen Circuit Judge Anchorage 1/11/2012 Obama
34 Jacqueline H. Nguyen Circuit Judge Pasadena 5/14/2012 Obama
35 Paul J. Watford Circuit Judge Pasadena 5/22/2012 Obama
36 Andrew D. Hurwitz Circuit Judge Phoenix 6/27/2012 Obama
37 John B. Owens Circuit Judge San Diego 4/2/2014 Obama
38 Michelle T. Friedland Circuit Judge San Jose 4/29/2014 Obama
39 Mark J. Bennett Circuit Judge Honolulu 7/13/2018 Trump
40 Ryan D. Nelson Circuit Judge Idaho Falls 10/18/2018 Trump
41 Eric D. Miller Circuit Judge Seattle 3/4/2019 Trump
42 Bridget S. Bade Circuit Judge Phoenix 4/1/2019 Trump
43 Daniel P. Collins Circuit Judge Pasadena 5/22/2019 Trump
44 Kenneth Kiyul Lee Circuit Judge San Diego 6/12/2019 Trump
45 Daniel A. Bress Circuit Judge San Francisco 7/26/2019 Trump
46 Danielle J. Hunsaker Circuit Judge Portland 11/12/19 Trump
47 Patrick J. Bumatay Circuit Judge San Diego 12/12/19 Trump
48 Lawrence VanDyke Circuit Judge Reno 1/2/2020 Trump
48....
Some say the 9th should be split up but that is off thread
Former Chief Judges
Mary M. Schroeder and
Procter Ralph Hug Jr.
Many commentators have argued that the Ninth Circuit faces several adverse consequences of its large size,
[13] such as "unwieldly size, procedural inefficiencies, jurisprudential unpredictability, and unusual
en banc process."
[14]
Chief among these is the Ninth Circuit's unique rules concerning the composition of an
en banc court. In other circuits,
en banc courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for 29 or more judges to take part in a single oral argument and deliberate on a decision en masse. The court thus provides for a limited
en banc review by the Chief Judge and a panel of 10 randomly selected judges.
[15] This means that
en banc reviews may not actually reflect the views of the majority of the court and indeed may not include any of the three judges involved in the decision being reviewed in the first place. The result, according to detractors, is a high risk of
intracircuit conflicts of law where different groupings of judges end up delivering contradictory opinions. That is said to cause uncertainty in the district courts and within the bar. However,
en banc review is a relatively rare occurrence in all circuits and Ninth Circuit rules provide for full
en banc review in limited circumstances
All recently proposed splits would leave at least one circuit with 21 judges, only two fewer than the 23 that the Ninth Circuit had when the limited
en banc procedure was first adopted. In other words, after a split at least one of the circuits would still be using limited
en banc courts.
In March 2007, Associate Justices
Anthony Kennedy and
Clarence Thomas testified before a House Appropriations subcommittee that the consensus among the justices of the
Supreme Court of the United States was that the Ninth Circuit was too large and unwieldy and should be split.
I may be wrong but I don't see it ending in the 9th, whether SCOTUS decides to hear it or not we will find out.
If CA losses in the 9th they might not pursue it but I don't see that happening.
If we lose in the 9th CRPA has said they will appeal
For those of you in CA CRPA is an Amazon smile charity and could use your $ if you use Amazon and don't have a smile charity already.
Every little bit helps.