The federal Court of Appeals for the 9th Circuit is seen by many as a liberal court which has its decisions reversed quite often by the Supreme Court. Over the past few days, President Trump has taken a bit of flak (including some from the Chief Justice) about his comments concerning the 9th Circuit.
The President’s comments have a certain resonance for me. You see, his skepticism about the 9th Circuit is shared by many lawyers and some judges. This exchange between Brett Kimberlin and Judge Johnson occurred during first day of the Kimberlin v. Walker, et al. trial in 2014.
(Kimberlin failed to cite any case that would support the point he was trying to make to the judge.)
If a state court judge can express such skepticism of the 9th Circuit, why can’t the President?