The Washington Post on Monday examined how President-elect Barack Obama's judicial appointments to federal appellate courts could affect the U.S. legal landscape. According to the Post, because the "conservative direction" of the Supreme Court is unlikely to shift anytime soon, Obama can "assert his greatest influence" on the U.S. judiciary system through his appointments to the federal appellate courts, "which dispense almost all federal justice." The Post reports that some experts believe that the 56% majority that Republican nominees hold over the nation's courts likely will be reversed by the end of Obama's presidency.
In previous statements, Obama has expressed a "generally liberal judicial philosophy" that favors Supreme Court justices and other judges who support abortion rights, according to the Post. Arthur Hellman, a University of Pittsburgh law professor, said Obama "has a huge opportunity" to impact the courts. He added, "In a very short time, significant segments of the appellate courts, which are the final authority in all but a tiny handful of cases, will be dominated by Democratic nominees." According to the Post, liberal groups -- which have been "energized by Obama's victory" -- are "pressing for nominees to their liking." Kathryn Kolbert, president of People for the American Way, said said that voters "sent a mandate to [Obama] that we can restore balance to the federal courts, and we're confident that will occur," vowing that she would work to "prevent extremists on the right from hijacking the process."
The most significant shifts likely will be in the U.S. Court of Appeals for the 4th Circuit, which covers Virginia, West Virginia, the Carolinas and Maryland and has "long been considered one of the nation's most conservative courts," the Post reports. Republicans on the court currently hold a 6-5 majority, but there are four vacancies. Other appellate courts that could see a shift to Democratic majorities include the New York-based 2nd Circuit, the D.C. appeals court and the 3rd Circuit, which covers Pennsylvania and New Jersey (Markon, Washington Post, 12/8).
Bush Judicial Appointees
In a second article on the influence of presidential judicial appointees, the Post reports that many judicial scholars say that there has been "a discernible pattern in both the background and the rulings" of judges appointed by President Bush. Through 2004, 27% of judges appointed by Bush to the U.S. District Courts supported what were considered "liberal" outcomes in cases related to civil rights or the Bill of Rights, according to a University of Houston study, which also found that Bush appointees were less likely to support privacy rights, the Washington Post reports. The study gave Bush "the lowest score of any modern chief executive," study author Robert Carp said. The Post cites as an example the June 2008 ruling by the Republican-majority 8th Circuit Court that lifted an injunction against a South Dakota law requiring physicians to tell women before performing an abortion procedure that it would "terminate the life of a whole, separate, unique, living human being" and that termination of the pregnancy would end the woman's "existing relationship with that unborn human being." The law is "perhaps the most radical anti-abortion law in the country," according to the Post. The majority opinion said that the will of the state legislature should be respected, although a dissent by a Clinton appointee said the majority had bypassed "important principles of constitutional law." According to the Post, Bush's 311 appointments to federal district courts and the appellate bench also have resulted in "more male, more white and slightly more Hispanic judges" compared with individuals who held the positions at the end of President Clinton's presidency (Washington Post, 12/8).
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