Court of Appeals Ideological Leanings

[brucejoel99]

Interesting that the New England 1st Circuit never got the same uber-liberal reputation as the West Coast 9th.

One has California & one doesn't.

Obama did appoint at least one Federalist Society member, although he became notable for his scathing decision striking down Trump's post-election lawsuit in Pennsylvania.

And Poppy Bush appointed Sotomayor to her first judicial position at the trial level. Some Senators who represent the President's opposition (e.g., Moynihan, Toomey) will be given a paired nomination from their state's fellow Senator of the President's party (e.g., D'Amato, Casey), who generally recommends a given state's federal judicial candidates to the White House.

[brucejoel99]

It should also be noted as a general matter that there are definitely judges out there who are ruling differently (i.e., more moderately) at the trial & intermediate appellate levels than they would be if they were one of the Supremes. See: RBG, Sotomayor.

Yeah, I counted Gregory as a Clinton-appointed judge. Tallman is probably the premier example of an active Conservadem, while White is the most liberal Republican (because she was an explicit liberal appointed as part of an agreement with Carl Levin (D-MI), who actually nominated her). Often these outliers nowadays are to get the support of specific Senators for specific policies, where a single judgeship is seen as inconsequential enough to use as a bargaining chip.

To be explicitly clear, W. still nominated her. Levin & Stabenow merely played the role of telling him that her nomination was required if he wanted a chance in hell of them signing off on Kethledge's blue slips so that he could get confirmed.

[brucejoel99]

8th Circuit: Republican 11.0 - 1.0 Democrat (the only total win in America -- liberals cannot win a three-judge panel here)

Conservatives are quite close to that point on the First Circuit. The last Republican-appointed judge on that circuit is assuming senior status soon (a GWB appointee). Two Republican appointees with senior status are no longer actively hearing cases. Assuming Biden gets a successor confirmed, that would leave zero Republican-appointed judges in active service and two in senior status (including the quite interesting Bruce Selya).

Everything that you've said is technically correct, although it should be noted that Judge Gelpí was a W. appointee on the district court in PR &, for a Biden judge, is ruling well to the right of the mainstream, having just voted with Chief Judge Howard & the 'conservative' position in 2 immigration cases as well as in a recent 1A en-banc vote.

I think it's also worth noting that former Justice Souter also sits by designation on the First Circuit from time to time.

Unfortunately, Justice Souter hasn't sat-by-designation since Jan. 2020. Hopefully he'd like to return after the pandemic.

I imagine Justice Breyer would probably like to sit by designation on the circuit courts (or even district courts, as then-Justice Rehnquist did once while on the Court) from time to time, although I don't think there's anything in particular that would necessarily mean he would have to or want to sit on the First Circuit in particular.

Something tells me that the fact that Justice Breyer's home is <5 mi. from the First Circuit's main courthouse would probably make it an easier choice to sit-by-designation on than, say, the Fairbanks duty station on the district court in AK