Conservative Majority in Ninth Circuit En Banc Ruling


In an opinion today in United States v. Collazo, a limited en banc panel of the Ninth Circuit ruled by a 6-to-5 vote that a conviction for conspiracy to distribute drugs does not require proof of a level of criminal intent greater than that required for the underlying drug-distribution offense. The court divided along ideological lines: all of the members of the majority were appointed by Republican presidents, and all the dissenters were appointed by Democratic presidents.

The case nicely illustrates how the Ninth Circuit’s use of a limited en banc panel of 11 judges—the chief judge and ten other judges selected randomly—can result in draws that give Republican appointees a majority on the en banc panel. As I have pointed out before, the odds of such a draw are much higher than four years ago, as President Trump’s ten appointments to the Ninth Circuit have had the net effect of moving that court from a whopping 18-7 Democratic majority to a much tighter 16-13 majority.

You Might Like

Articles You May Like

Capitol Police chief says militias from Jan 6 riot are plotting to blow up the Capitol during Biden’s State of the Union address
Mitch McConnell Makes Surprise Announcement on Trump’s Potential 2024 Presidential Bid
Barely Trying: CNN Finally Covers Cuomo Claims…But Gives It 96 Seconds in Two Days
Prey: Ayaan Hirsi Ali on the Relationship between Immigration and Sexual Assaults in Europe
Rand Paul TORCHES Biden’s Trans HHS Nominee for Supporting the Chemical Castration of Kids

Leave a Reply

Your email address will not be published. Required fields are marked *