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More on 5th circuit



Alec Mazo

November 14, 2018 at 1:35 pm


For Background info:
5th Circuit Court has 17 seats, with 16 being active and 1 vacancy.
5 Liberal appointees (3 Obama, 2 Clinton) and 11 Conservative appointees (5 Trump, 4 Bush, 2 Reagan).

3rd Circuit has 14 seats, 1 of them being vacant.
7 Liberal appointees (5 Obama, 2 Clinton) and 6 Conservative appointees (4 Bush, 2 Trump).

En Banc rehearing in a 11 v 5 Conservative/Liberal court, with potentially another Trump appointee swinging it to 12 vs 5 is great for Ps given they smell something is wrong here, otherwise why grant en banc?

3rd Circuit looks like a lost cause based on the bench breakdown.

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ruleoflawguy

November 14, 2018 at 2:38 pm


@Alec

yes there is provenance as to which potus appointed which judge, but also the intellectual strength of the judges themselves. in 5th circuit, for example, judges Willett and Ho are very strongly opinionated and may play a persuasive role in an en banc proceeding when you have many votes to round up.

rolg

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