Monday, May 8, 2017

How Court Reviewing Challenge to Trump’s Travel Ban Swung Left Under Obama

 
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...

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