The 9th isn't such an outlier any more either: Some of the 9th Circuit's most controversial rulings have related to criminal law, especially the death penalty. But that's not how it seems to be turning out. At the same time, Obama's appointees have been less predictably left-leaning in their judgments, particularly on criminal matters. Pregerson, 92, went "senior" in The liberal icon on the 9th Circuit Court of Appeals had a year career as a Los Angeles-based judge. She said one set of images was of college-age students where some were "inexplicably naked while everyone else was clothed. After all, their client is the government, the embodiment of established law.
But for now, the 9th Circuit can take a well-deserved breather from its three-ring reputation. This shift is notable because lawyers who work for the government's enforcement wing, in particular criminal prosecutors, have a conceptually different approach to law than other lawyers. In the late s, President Carter and a Democratic Congress nearly doubled the number of judges on the court. Nguyen also dissented in another case to say that a police officer might reasonably have used his Taser on the neighbor who was 40 feet away from an arrest taking place. Instead, the 9th Circuit seems to be growing more centrist. The women did not file formal complaints at the time. Prosecutors, by contrast, generally focus on enforcing precedents and plugging holes: Some of the 9th Circuit's most controversial rulings have related to criminal law, especially the death penalty. Carter's appointees included "liberal lion" Stephen Reinhardt, who in recent years struck down Arizona's "English-only" constitutional provision and California's Proposition 8 banning same-sex marriage. Heidi Bond, who clerked for the Pasadena, California-based judge from to , told the newspaper she recalled three instances in which he asked her to look at images of naked people. After all, their client is the government, the embodiment of established law. A judicial investigation found that Kozinski did not intend for the material to be accessed by the public. Advertisement In the late s, President Carter and a Democratic Congress nearly doubled the number of judges on the court. Murphy said she was discussing training regimens with other clerks at a San Francisco hotel in when Kozinski approached her and said the gym in the 9th Circuit courthouse was nice because other people were seldom there. The last of the Carter-appointed judges are now retiring, or at least taking partial retirement so-called "senior status". Rush Limbaugh calls it the "Ninth Circus. Bond said the judge asked if she thought the pornography was photo-shopped or if it aroused her sexually. In , when the Supreme Court once more reversed the 9th Circuit on a capital punishment case, it accused the appeals court of exhibiting "judicial disregard" for "sound and established principles" of law — which is about as catty as it gets in the marbled hallways of the federal appellate judiciary. That's a big difference given the 9th Circuit's mythic liberality. Advertisement But whereas the Carter judges reliably took left-leaning positions, the Obama judges are less predictable. Kozinski is a prominent judge who was chief judge from to of the 9th Circuit, the largest federal appeals court circuit in the country. Advertisement But all that is changing. Owens wrote that while "our hearts are with Ms. Kozinski, who is 67 and still serving as a judge on the court, said in a statement to the newspaper that he has had more than employees in his chambers over a year career as judge. The newspaper interviewed another former clerk of the judge who said he showed her porn; she declined to provide specifics out of fear the judge could identify her.
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