9th circuit

The How Appealing Blog has a Q&A with Circuit Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Some excerpts:

Unfortunately, the policy of "judicial restraint" ... has paradoxically resulted in an increasingly active judiciary, willing to strike down a litany of congressional laws and executive regulations that previously would have been considered unexceptional. The casualty of this movement has been the concern for social justice and individual rights that once served as the guiding principle of the judicial branch.

In certain types of cases we [in the 9th circuit] will try to divine what the [Supreme C]ourt will do in order to reach what we believe will be the appropriate decision. It is not, however, our job to anticipate when the current justices of the Supreme Court will cut back on individual rights and to rush to do the dirty deed for them. Many times when my court has been reversed, it is because we have properly applied existing law, but in reviewing our decision the Supreme Court has adopted a new and different interpretation than it had previously given a statute or constitutional provision -- a new reading that is far more restrictive of individual or group rights.

It is naive, if not disingenuous, to assume that liberal [judge]s are simply imposing a "personal preference," while those conservative judges who continually reach ... restrictive result[s] ... are simply "following the law." Different legal philosophies produce divergent legal consequences. We can debate which constitutional philosophy is the more appropriate one, but it is intellectually dishonest, and ultimately a disservice to the law, to accuse those who subscribe to a competing philosophy of being lawless or engaging in misconduct.

The few liberals, or perceived liberals, [President Clinton] was persuaded to nominate frequently saw their candidacies linger or die in the Judiciary Committee because the President refused to fight for their confirmations.

[In regard to President Bush's nominees:] So long as appointments are made on ideological grounds, and there is no room for the appointment of persons with different points of view, opposition based on ideology is perfectly appropriate, as is the use of all proper procedural means to make that opposition effective. Much of the purported outrage over the use of the filibuster to block nominees appears to me to be both hypocritical and cynical. It can best be explained as part of a purely partisan attempt to manipulate public opinion. The use of a filibuster is indisputably more democratic than the use of the one-Senator "holds" that were so often used, frequently in secret, to defeat nominees during the Clinton Administration. The Republican controlled Senate blocked 63 Clinton nominees between 1995 and 2000. Since 2001, the time at which the "filibuster crisis" allegedly began, the Senate has failed to confirm just 6 of the President's 168 nominees.

[Speaking about the death penalty:] In almost every case of which I am aware in which an individual has been executed, he had been a victim of serious and persistent sexual abuse as a child, usually at the hands of a close relative, and in addition possessed a severely limited mental capacity. An example is Rickey Ray Rector, who was missing half his brain at the time of his trial. Rector put aside his dinner on the evening of his execution so that he could enjoy it later. Earlier that afternoon he watched television and saw Governor William Jefferson Clinton, who had rushed back to Arkansas on the eve of the New Hampshire primary to be present in the state capital to avoid any hitches in the execution (and, some believe, to get his picture in the next day's national press as a tough on crime, law and order kind of a guy). On seeing Clinton's familiar face, Rector commented enthusiastically, "I like that man. I voted for him."