I’ve written many times that THE most liberal state in America is California and that THE most liberal federal court in America is the 9th US Circuit Court of Appeals.
The 9th US Circuit Court of Appeals is headquartered in nonother than THE most liberal city in all of America, San Francisco. The court also has other locations in Pasadena, California; Portland, Oregon and Seattle, Washington. This federal court hears appeals from Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington along with the US territories of Guam and the Northern Mariana Islands.
The liberal reputation of the 9th US Circuit Court of Appeals has often drawn the ire of many conservatives and Republicans. The court frequently rules more on a liberal Democratic agenda than it does on the rule of law and since California and San Francisco are the epicenters of liberalism, the court will often rule in favor of many Democratic, anti-American, anti-gun and anti-Christian agendas.
It would not be surprising to learn that more cases from the 9th US Circuit Court of Appeals end up going to the US Supreme Court than from any of the other US Circuit appeals courts.
Knowing the history and reputation of the 9th US Circuit Court of Appeals, US Attorney General Jeff Sessions did something highly unusual and irregular, but not illegal.
Judge William Haskell Alsup is the judge for the US District Court for the Northern District of California, which just happens to be located in San Francisco. Alsup was appointed to his bench in 1999 by then President Bill Clinton and ever since then, Alsup has proven to be a loyal Democrat by frequently ruling more on agenda than on law, which he did on blocking President Donald Trump’s ending of DACA protection for up to 800,000 illegal aliens.
To prove that Alsup ruled on agenda instead of law, consider that Obama created DACA by executive order/memo but Alsup blocked Trump from ending DACA via the same authority and action used to create it. If Obama had the legal right to create DACA (which is still under debate), then Trump had the legal right to end it or to correct a wrong.
Also consider the fact that when Obama created DACA, he did so because Congress refused to take action to protect so many illegal aliens. The majority in Congress did not see the legal need or justification to protect foreigners who were in the United States illegally, regardless of how or when they arrived.
Normally, an appeal by the federal government, handled by the Department of Justice, would go to the 9th US Circuit of Appeals. However, in a very clever and logical move, Sessions bypassed the 9th US Circuit Court of Appeals and took the appeal of Alsup’s agenda driven decision to block President Trump, straight to the US Supreme Court.
The move is legal and is a rare event, but considering the circumstances, it shows that Sessions is smarter than many give him credit. In bypassing the 9th US Circuit Court of Appeals, Sessions stated:
“It defies both law and common sense for DACA — an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals and courts invalidating the similar DAPA policy — to somehow be mandated nationwide by a single district court in San Francisco.”
“We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved.”
By fairly, Sessions is referring to the history and reputation of the 9th US Circuit Court of Appeals and the somewhat more balanced US Supreme Court. Additionally, the Supreme Court means it will be a decision by 9 judges and not a single judge or a panel of only 3 judges as would have been the case with the 9th US Circuit Court of Appeals. As President Teddy Roosevelt would have said, ‘bully for Sessions’.