The Daily Signal/by Josh Seigel
The federal appeals court deciding the constitutionality of President
Donald Trump’s travel ban was once reliably conservative. But it
underwent a transformation during the Obama administration, and
Democratic appointees now outnumber Republican appointees 2 to 1.
A New York Times Magazine article in
March 2003 vividly described the Richmond, Virginia-based U.S. Court of
Appeals for the 4th Circuit as the “shrewdest, most aggressively
conservative federal appeals court in the nation.”
“It is confident enough to strike down acts of Congress when it finds
them stretching the limits of the federal government’s power and
hard-headed enough to rule against nearly every death-row defendant who
comes before it,” the Times wrote.
But as it hears oral arguments on Trump’s revised travel ban Monday,
the 4th Circuit has a higher percentage of Democratic appointees than
even the San Francisco-based 9th Circuit...