Bench Memos

Bad Ninth Circuit Panel for Prop 8 Appeal

The Ninth Circuit has just announced (see page 2 here) that the panel hearing the appeal of Judge Vaughn Walker’s anti-Prop 8 ruling will consist of Stephen Reinhardt, Michael D. Hawkins, and N. Randy Smith. 

As regular Bench Memos readers know, Reinhardt (appointed by President Carter in 1980) may well be the most aggressive liberal judicial activist in the nation—and the most reversed judge in history. Hawkins, a 1994 Clinton appointee, is also regularly on the Left on the Ninth Circuit. Smith, who was appointed by President George W. Bush in 2007, is much more of a judicial conservative. 

With two hard-core liberals, the panel is a fairly typical Ninth Circuit draw—which is to say, a bad one for supporters of Prop 8. 

Update: I’ve apparently understated how bad the panel draw is. A source I trust tells me that of the the 47 active and senior judges on the Ninth Circuit, there are only five or six other judges who are as aggressively and reflexively leftist as Reinhardt and Hawkins.

Most Popular

Elections

Fire Brenda Snipes

Brenda Snipes, the supervisor of elections in Florida’s Broward County, does not deserve to be within a thousand miles of any election office anywhere in these United States. She should be fired at the earliest possible opportunity. Snipes has held her position since 2003, in which year her predecessor, ... Read More
PC Culture

The Lonely Mob

Just before the election, an Andrew Gillum intern named Shelby Shoup was arrested and charged with battery after assaulting some college Republicans on the campus of Florida State University. It was rather less exciting than that sounds: She went on a rant about “Nazis” and “fascism” — Gillum’s ... Read More
World

How Immigration Changes Britain

Almost nothing is discussed as badly in America or Europe as the subject of immigration. And one reason is that it remains almost impossible to have any sensible or rational public discussion of its consequences. Or rather it is eminently possible to have a discussion about the upsides (“diversity,” talent, ... Read More
Elections

Sorry, Brian Kemp Still Won

Here was the state of play as of yesterday per the Kemp campaign’s breakdown of publicly available information: As of Saturday, November 10, 2018 (12:00 p.m.) *Information below is public.  Total votes reported: 3,924,658 Kemp: 1,975,162 (50.33%) Abrams: 1,912,383 (48.73%) Metz: ... Read More