Sunday, March 10, 2013


For those in law enforcement, or involved in our system of justice, or interested in politics, you are aware of the Ninth Circuit Court of Appeals.  

If you aren't...the United States is divided into 11 "circuits."  These courts hear appeals from both Federal and State courts.  So, these courts have the final say on many important legal matters.  After the Court of Appeals, there is only the Supreme Court, and since there is only one of those, and they only take the big cases, for many issues, the Courts of Appeal have a huge impact on how things are their region. 

This is the court that's ruling resulted in a "ban" of the Pledge of Allegiance in schools

The Ninth Circuit sits in San Francisco.  Enough said.

Well, I'll say some more.  Approximately 1/5 the population of the United States is under their jurisdiction.  They are sometimes called the Ninth Circus, and they have the highest percentage of decisions that are overturned by the Supreme Court.  While some argue that this is due to the number of cases they hear, it is largely believed that it is because they try to legislate through their decisions, rather than interpret existing law.  If the Supreme Court were to turn to the Left...we might see more Ninth Circuit decisions affirmed. 
However, sometimes I have been extremely surprised by their rulings.

I just learned why.

Chief Judge Alex Kozinski has been presiding over the court since 2007, and has been on the court since 1985 (appointed by Reagan).  

Kozinski was born in Romania in 1950, and was a communist.  Until he came to the United States.

Kosinski is not a conservative.  He is a libertarian.

I'm reading more of his rulings (and dissents), but all things considered, it is a good thing to have a man in his position, who fears the power of Government.


LL said...

Former Communists know what it's like to have Big Government shove the little guy around. And if their reaction to that is as you say - libertarian, then that's ok with me too.

I thought that everyone that sat on the 9th Circuit was a card carrying:

(1) Communist
(2) GLTG

It's refreshing to know that's not the case.

Woodsterman (Odie) said...

Don't you have to be a card carrying member of the ACLU to be on the Ninth Circuit?