The Trump administration, to date, has significantly outpaced its recent predecessors in winning Senate confirmations to the U.S. Courts of Appeal.
Federal appellate courts are the courts of last resort in far more cases than will ever find their way onto the Supreme Court docket.
Trump's nominees to federal district courts have been confirmed relatively less quickly.
In his 12-year tenure on the D.C. Circuit Court of Appeals-the appellate court most responsible for reviewing the decisions of federal administrative agencies-Kavanaugh has authored multiple opinions limiting the growth of the federal administrative state.
Dissenting justices in the case denounced Willett's position as reviving doctrines of a bygone era-namely, the Supreme Court's pre-1937 economic-liberty jurisprudence-but Willett refused to back off: "Some observers liken judges to baseball umpires, calling legal balls and strikes, but when it comes to restrictive licensing laws, just how generous is the constitutional strike zone? Must courts rubber-stamp even the most nonsensical encroachments on occupational freedom? Are the most patently farcical and protectionist restrictions nigh unchallengeable, or are there judicially enforceable limits?".
The administration's early successes in winning confirmations to the Courts of Appeals haven't yet reshaped many of the critical circuits along the Atlantic and Pacific seaboards, where Democratic senators opposed to Trump have successfully stalled nominations in their home states.
Through the end of November, Trump had successfully nominated only two judges to the massive 29-judge Ninth Circuit Court of Appeals, which comprises the nine westernmost U.S. states and regularly generates the most Supreme Court cases; only one judge to the important 11-judge D.C. Circuit, the locus of federal administrative-law decisions; one to the 13-judge, New York-based Second Circuit; and none to the Massachusetts-based First Circuit.
https://www.city-journal.org/html/toward-less-dangerous-judicial-branch-16471.html
Federal appellate courts are the courts of last resort in far more cases than will ever find their way onto the Supreme Court docket.
Trump's nominees to federal district courts have been confirmed relatively less quickly.
In his 12-year tenure on the D.C. Circuit Court of Appeals-the appellate court most responsible for reviewing the decisions of federal administrative agencies-Kavanaugh has authored multiple opinions limiting the growth of the federal administrative state.
Dissenting justices in the case denounced Willett's position as reviving doctrines of a bygone era-namely, the Supreme Court's pre-1937 economic-liberty jurisprudence-but Willett refused to back off: "Some observers liken judges to baseball umpires, calling legal balls and strikes, but when it comes to restrictive licensing laws, just how generous is the constitutional strike zone? Must courts rubber-stamp even the most nonsensical encroachments on occupational freedom? Are the most patently farcical and protectionist restrictions nigh unchallengeable, or are there judicially enforceable limits?".
The administration's early successes in winning confirmations to the Courts of Appeals haven't yet reshaped many of the critical circuits along the Atlantic and Pacific seaboards, where Democratic senators opposed to Trump have successfully stalled nominations in their home states.
Through the end of November, Trump had successfully nominated only two judges to the massive 29-judge Ninth Circuit Court of Appeals, which comprises the nine westernmost U.S. states and regularly generates the most Supreme Court cases; only one judge to the important 11-judge D.C. Circuit, the locus of federal administrative-law decisions; one to the 13-judge, New York-based Second Circuit; and none to the Massachusetts-based First Circuit.
https://www.city-journal.org/html/toward-less-dangerous-judicial-branch-16471.html
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