I thought that the 9th Court of appeal is liberal..

[question everything]

From a report in the WSJ:

A federal appeals court will allow President Trump to deploy the National Guard to Portland, Ore., despite objections from state and local officials who say that no emergency exists to justify the federal show of force.

Earlier this month, a federal district judge in Portland blocked the president from deploying Guard units in Oregon, finding that sending the military into the city exceeded Trump’s powers.

By a 2-1 vote, the Ninth U.S. Circuit Court of Appeals, in San Francisco, reversed the judge. The unsigned order on Monday said that the sporadic violence at protests before an Immigration and Customs Enforcement facility in Portland was sufficient to trigger the president’s power to federalize the Guard. An early 20th-century statute permits the president to take command of the Guard, which normally reports to the governor, when civil authorities are unable to enforce federal law.

https://www.wsj.com/us-news/law/appeals-court-allows-trump-administration-to-deploy-national-guard-in-portland-fc9076ea?st=tMm9W4&reflink=desktopwebshare_permalink

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Or is this a different 9th court?

[ITAL]

1. Same one

However, I seem to remember during Trump's first term he was able to get a few conservative judges seated on it.

[Nictuku]

2. 2 of the 3 Judge Panel were TSF Appointees

I am very hopeful that they will call for a full en banc review. It is rare to do so, but I think this case does ask for it. I'm not totally sure of the procedure, but I think they have to do some internal polling of the Article III Judges in the 9th Circuit before this can happen.

Here is some info on the en banc review:

https://legalclarity.org/what-is-an-en-banc-review-and-how-does-it-work/

[AZJonnie]

3. Fuck THAT!!!

Unbelievable

[RockRaven]

4. 10 of the 29 judges (excluding the senior status judges) are Trump appointees.

Another three are GWB appointees. Only five are Obama. Three Clinton. Eight Biden.

And of the senior status ones, one Nixon, two Reagan, two GHWB, four GWB. Three Carter, ten Clinton, one Obama.

[Hekate]

8. Thanks, RR. People don't keep up. The Courts change slowly, but they do change, and the 9th Circuit...

…has been a thorn in the side of conservatives for a long time. As a result, the 9th Circuit has had a target on its back — we now see the effect.

10 of the 29 judges (excluding the senior status judges) are Trump appointees.
Reply to RockRaven (Reply #4)
Tue Oct 21, 2025, 05:32 PM
Another three are GWB appointees. Only five are Obama. Three Clinton. Eight Biden.
And of the senior status ones, one Nixon, two Reagan, two GHWB, four GWB. Three Carter, ten Clinton, one Obama.

[Hassin Bin Sober]

10. But at least our powder is dry while trump stuffs dozens more lifetime appointments down our throats via the nuclear...

… option.

[tritsofme]

11. Huh? Harry Reid went nuclear in 2013 and ended judicial filibusters.

That wasn’t keeping “powder dry”

Biden and Senate Democrats confirmed more judges in four years than any other president, including Trump.

The continuing myth of “weak Democrats” is pernicious

[Hekate]

14. Yes

[Hekate]

13. We are in the minority in Congress. In the Senate Mitch McConnell made some kind of deal w the Devil...

…and has held outsize influence in the Senate ever since. The Supremes are his doing — and so much else.

But I’m sure you can talk your way around that.

[Polybius]

18. Harry Reid changed the rules for all non-Supreme Court federal judges in 2013

Mitch McConnel expanded it to Supreme Court nominees in 2021. Before each of those rule changes, it would take 60 votes to confirm if anyone filibustered.

For the record, I agree with both rule changes. I like when a simple majority confirms.

[Polybius]

17. Nixon?

What is he, 102?

[Celerity]

19. Here are the 3 Nixon judges who are still alive and have Senior status:

John Clifford Wallace (turns 97yo on Dec 11th, 2025)

Senior Judge of the United States Court of Appeals for the Ninth Circuit


Levin Hicks Campbell (turns 99yo on Jan 2nd, 2026)

Senior Judge of the United States Court of Appeals for the First Circuit


James Lawrence King (turns 98yo on Dec 29th, 2025)

Senior Judge of the United States District Court for the Southern District of Florida

[FBaggins]

5. It is an it isn't

It’s a huge circuit with 29 circuit judges and almost two dozen “senior” judges who can still hear cases.

It’s so large that even an “en banc” appeal (that normally means all non-senior judges) is a random selection of ten out of the 29.

Cases are heard by three of those 50-odd… so any panel of three might include a mix of political perspectives


The first Trump administration selected ten of the current judges while Obama had only five in two terms… which shifted the balance of the court from heavily blue to merely 16-13 blue.

[ancianita]

7. See right below. Only 10 of the 29 are trump appointees.

[In It to Win It]

15. While it's "only" 10, the 10 shouldn't be minimized. That 10 makes a difference.

About 1/3 of en banc cases in the 9th Circuit are heard by a majority-Republican panel, with most of those Republican-appointees usually being Trump's hard-right picks.

[ancianita]

6. Depends maybe on who the judges were who ruled. 10 were from trump. Here are their names in order of seniority.

Sorry the layout isn't identical to the link's.
https://www.ca9.uscourts.gov/judicial-council/judges-seniority-list/

1. Mary H. Murguia MHM Chief Judge Phoenix 01/04/11 Obama
2. J. Clifford Wallace JCW Senior Circuit Judge San Diego 06/28/72 Nixon
3. Mary M. Schroeder MMS Senior Circuit Judge Phoenix 09/26/79 Carter
4. Dorothy W. Nelson DWN Senior Circuit Judge Pasadena 12/20/79 Carter
5. William C. Canby, Jr. WCC Senior Circuit Judge Phoenix 05/23/80 Carter
6. Diarmuid F. O'Scannlain DFO Senior Circuit Judge Portland 09/26/86 Reagan
7. Stephen S. Trott SST Senior Circuit Judge Boise 03/25/88 Reagan
8. Ferdinand F. Fernandez FFF Senior Circuit Judge Pasadena 05/22/89 Bush
9. Andrew J. Kleinfeld AJK Senior Circuit Judge Fairbanks 09/16/91 Bush


10. Michael Daly Hawkins MDH Senior Circuit Judge Phoenix 09/15/94 Clinton
11. A. Wallace Tashima AWT Senior Circuit Judge Pasadena 01/04/96 Clinton
12. Sidney R. Thomas SRT Senior Circuit Judge Billings 01/04/96 Clinton
13. Barry G. Silverman BGS Senior Circuit Judge Phoenix 02/04/98 Clinton
14. Susan P. Graber SPG Senior Circuit Judge Portland 03/19/98 Clinton
15. M. Margaret McKeown MMM Senior Circuit Judge San Diego 04/08/98 Clinton
16. Kim McLane Wardlaw KMW Circuit Judge Pasadena 08/03/98 Clinton
17. William A. Fletcher WAF Senior Circuit Judge San Francisco 10/09/98 Clinton
18. Ronald M. Gould RMG Circuit Judge Seattle 11/22/99 Clinton
19. Richard A. Paez RAP Senior Circuit Judge Pasadena 03/14/00 Clinton


20. Marsha S. Berzon MSB Senior Circuit Judge San Francisco 03/16/00 Clinton
21. Richard C. Tallman RCT Senior Circuit Judge Seattle 05/25/00 Clinton
22. Johnnie B. Rawlinson JBR Circuit Judge Las Vegas 07/26/00 Clinton
23. Richard R. Clifton RRC Senior Circuit Judge Honolulu 07/30/02 Bush
24. Jay S. Bybee JSB Senior Circuit Judge Las Vegas 03/21/03 Bush
25. Consuelo M. Callahan CMC Circuit Judge Sacramento 05/28/03 Bush
26. Carlos T. Bea CTB Senior Circuit Judge San Francisco 10/01/03 Bush
27. Milan D. Smith, Jr. MDS Circuit Judge El Segundo 05/18/06 Bush
28. Sandra S. Ikuta SSI Circuit Judge Pasadena 06/23/06 Bush
29. N. Randy Smith NRS Senior Circuit Judge Pocatello 03/19/07 Bush


30. Morgan Christen MBC Circuit Judge Anchorage 01/11/12 Obama
31. Jacqueline H. Nguyen JHN Circuit Judge Pasadena 05/14/12 Obama
32. Andrew D. Hurwitz ADH Senior Circuit Judge Phoenix 06/27/12 Obama
33. John B. Owens JBO Circuit Judge San Diego 04/02/14 Obama
34. Michelle T. Friedland MTF Circuit Judge San Jose 04/29/14 Obama
35. Mark J. Bennett MJB Circuit Judge Honolulu 07/13/18 Trump
36. Ryan D. Nelson RDN Circuit Judge Idaho Falls 10/18/18 Trump
37. Eric D. Miller EDM Circuit Judge Seattle 03/04/19 Trump
38. Bridget S. Bade BSB Circuit Judge Phoenix 04/01/19 Trump
39. Daniel P. Collins DPC Circuit Judge Pasadena 05/22/19 Trump


40. Kenneth Kiyul Lee KKL Circuit Judge San Diego 06/12/19 Trump
41. Daniel A. Bress DAB Circuit Judge San Francisco 07/26/19 Trump
42. Danielle J. Forrest DJF Circuit Judge Portland 11/12/19 Trump
43. Patrick J. Bumatay PJB Circuit Judge San Diego 12/12/19 Trump
44. Lawrence VanDyke LVD Circuit Judge Reno 01/02/20 Trump
45. Lucy H. Koh LHK Circuit Judge San Francisco 12/13/21 Biden
46. Jennifer Sung JS Circuit Judge Portland 12/15/21 Biden
47. Gabriel P. Sanchez GPS Circuit Judge San Francisco 01/24/22 Biden
48. Holly A. Thomas HAT Circuit Judge Pasadena 01/24/22 Biden
49. Salvador Mendoza, Jr. SMJ Circuit Judge Richland 09/16/22 Biden


50. Roopali H. Desai RHD Circuit Judge Phoenix 10/03/22 Biden
51. Anthony D. Johnstone ADJ Circuit Judge Missoula 05/04/23 Biden
52. Ana de Alba ADA Circuit Judge Fresno 11/16/23 Biden



The current Circuit Justice for the Ninth Circuit is Elena Kagan, a Supreme Court Justice.

[dpibel]

9. Not at all a done deal

Another 9th Circuit judge has asked for a hearing en banc, at which time the Trumpists are likely to be outvoted.

[In It to Win It]

12. It was more liberal until Trump got elected in 2016. Trump appointed 10 out of the 29 active judges on the 9th Circuit

[hlthe2b]

16. They are going to have to rehear the case en banc (entire 9th panel)

State and local officials have asked, and the lower court judge has similarly in an unprecedented letter, apparently.

[FBaggins]

20. Some corrections

The 9th is a little different. Their en banc panel is the chief plus ten randomly selected judges. They never do the entire panel (though all 29 can vote on whether to hear an appeal en banc or not)

I don’t think it was Immergut who requested review… but rather one of the other circuit judges (not on the ruling panel). It isn’t common, but it is by no means unprecedented, for an off-panel judge to request en-banc review.

Note that they still haven’t decided whether or not to rehear the Newsom v Trump case that this ruling relied upon. It’s been over four months