Appeals Courts Set for Tilt to Left

[question everything]

JANUARY 20, 2009

Appeals Courts Set for Tilt to Left
Vacancies, Makeup of Congress Give Obama Sway Over How Laws Will be Interpreted
By ASHBY JONES
WSJ

U.S. President-elect Barack Obama is expected to have a speedy and significant impact on a number of federal courts of appeal, with the potential to lessen the conservative influence that several of these courts now wield. Given significant vacancies in some the nation's 13 federal appellate courts, Mr. Obama's appointments may shape the ways laws are interpreted across the country. "He really has an enormous opportunity," said Carl Tobias, a law professor at the University of Richmond in Virginia and expert on the federal judiciary. "At least initially, I don't see him having much trouble getting his seats filled."

Because the U.S. Supreme Court accepts only a small percentage of the cases requested, federal appellate judges serve as the arbiters of last resort for the vast majority of federal lawsuits, and therefore arguably have as much effect on federal law. From March 2007 through March 2008, for instance, federal appellate courts effectively ended more than 60,000 cases. "Few of Obama's actions will have as much significance or lasting impact as his appointments to the courts of appeals," said Nan Aron, the president of Alliance for Justice, a left-leaning association of public-interest and civil-rights groups.

In the short term, court watchers have their eyes set on the Fourth Circuit, which hears appeals from federal trial courts in Maryland, Virginia, West Virginia, North Carolina and South Carolina. In the 1990s, the court developed a reputation as one of the nation's most conservative circuit courts. In a 1999 decision, for example, the court ruled that the protections conferred by Miranda warnings -- the act of reading suspects their "rights" upon arrest -- weren't constitutionally required. (The decision was overturned by the U.S. Supreme Court the following year.) The complexion of the Fourth Circuit has changed in recent years with some notable departures.. Currently, the court consists of six Republican-appointed judges and five appointed by Democrats, as well as four vacancies. "Under Mr. Obama, the Fourth Circuit really could become a Democratic court," said Russell Wheeler, a visiting fellow at the Brookings Institution and expert on judicial appointments.

Mr. Obama also will face two vacancies in each of the following: the Ninth Circuit, which covers much of the western U.S.; the Third Circuit, which hears federal appeals from Pennsylvania, New Jersey and Delaware; and the District of Columbia Circuit, which makes much of the law concerning the nation's regulatory agencies.

(snip)

The Democrats' majority in the Senate makes it likely that Mr. Obama will be able to get his picks confirmed, court watchers say. Yet Republicans still have weapons at their disposal. A unified vote of all 41 Republican Senators would be enough to filibuster any given nomination. There is also the "blue slip policy," which effectively allows a senator to block the appointment of a judge from his or her state.. In October, while on the campaign trail, Mr. Obama hinted that he would appoint judges who have "the heart, the empathy...to understand what it's like to be poor, or African-American, or gay, or disabled, or old." Apart from this, he has given little indication of his intention concerning judicial appointments. "We just don't know much at all," said Ms. Aron. The Obama transition team didn't return calls seeking comment.

(snip)

http://online.wsj.com/article/SB123241772578496517.html (subscription)

[JHB]

1. When you're already tilted to the right...

...any reduction of that lean looks like a "tilt to the left"

[yodermon]

2. Equal Marriage Protection based on Gender and not Sexual Orientation

coming soon.