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

U.S.

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More
Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More
PC Culture

Kill Chic

We live in a society in which gratuitous violence is the trademark of video games, movies, and popular music. Kill this, shoot that in repugnant detail becomes a race to the visual and spoken bottom. We have gone from Sam Peckinpah’s realistic portrayal of violent death to a gory ritual of metal ripping ... Read More