Monday, February 12, 2018

Blog Post 3.5 - "Trump and Circuit Courts"


  1. The district court is a trial court within the Ninth Circuit Court of Appeals, and the appellate court is a step higher than the district court, which oversees all individual districts. 
  2. The Ninth Circuit in particular has been stereotyped as a liberal outlier whose decisions are usually overturned by the Supreme Court. It is also the largest appellate court.
  3. The Ninth Circuit was transformed under Jimmy Carter, who appointed 15 of 23 judges to the appellate court during his tenure, all of which were progressive. 
  4. Liberal decisions include a ruling that the Second Amendment does not recognize an individual right to bear arms and that the "Under God" part of the Pledge of Allegiance is unconstitutional as a government endorsement of religion. 
  5. Most appellate court decisions are overturned by the Supreme Court, because why would the Supreme Court grant an appeal if it didn't think it would overturn a lower court decision. 
  6. The Sixth and Eleventh Courts are overturned more often than the Ninth Court, both of which are conservative. 
  7. Ideology seems to play no role in which decisions are overturned. The lowest reversal rate is for a moderate court, followed up by a liberal then a conservative court. 

Monday, February 5, 2018

Blog Post 3.4 - "RIP EPA"


  1. He would have to find an actual flaw in the rule, then deal with a public commenting process and replace the former rule with new regulations. Lawsuits are basically unavoidable. 
  2. The EPA is now unable to enforce their regulations as effectively as they were under Obama. As a result, environmental law enforcement has declined, having started 30 percent fewer cases and collected 60 percent fewer fines under Pruitt and Trump than under Obama in the same time period. 
  3. The agency's enforcement division now has to seek approval from headquarters to investigate potential violations of regulations, which slows down efforts to catch those violators. 
  4. Pruitt has already attempted to remove at least19 environmental regulations. 
  5. Critics say that stringent regulations are beginning to reach diminishing returns and cost businesses and individuals more and more to comply. 
  6. Courts have blocked the EPA's attempt to suspend rules on methane emissions and denied a request to spend years researching lead paint, instead providing 90 days. 
  7. Eight states are suing the EPA for failing to expand ozone regulations. Other states are suing the EPA for not controlling air pollution moving across state lines. 
  8. Senate opposition has led to some nominees withdrawing their names from consideration, and Senate Democrats are pressing him hard in committee hearings. They already have a plan for the EPA if they win this November.