Friday, September 19, 2014

Obama's lasting legacy -- federal court appointments

This is based on reporting by New York Times' Jeremy Peters (Sept 15).

There are 13 United States Courts of Appeal, each having jurisdiction over a geographic region.   These are the most important courts below the U. S. Supreme Court and have major influence in interpreting the law.   They are the last stop before a case gets heard by the Supreme Court.    Judges on these courts are often picked for SCOTUS appointments.

When President Obama took office in 2009, of the full-time, active Appeals Court justices, 99 had been appointed by Republican presidents and 65 by Democratic presidents.    Currently, 99 were appointed by Democratic presidents and 77 by Republicans.

Another shift has been in which has a majority in each of the 13 Courts of Appeal.   When Obama took office, Democratic appointees were in a majority in only one of the 13 courts.   Now Democrats are in a majority in 9 of the 13.

There's nothing sinister or improper.    For the past 6 years, Democrats had control of the White House and the Senate;  judicial appointments reflect that, just as the 8 years of George W. Bush's terms move the numbers in the other direction.

However, being appointed by a president of one party does not mean that justice follows that ideology.   David Souter was appointed by a Republican but came to be a reliable vote with the liberal justices.

It does point up the importance of, not the politics so much as, the way a person thinks about the Constitution and the place of government in American life.  The opportunity to make appointments to the Supreme Court may be the most important legacy a president leaves.   It should be an important consideration in deciding which presidential candidate to back.

Ralph

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