On Monday, President-elect Donald J. Trump is set to return to the White House with a series of executive orders aimed at curtailing immigration, expediting deportations, and promoting oil and gas drilling, among other initiatives.
In contrast, the U.S. Court of Appeals for the Ninth Circuit, known for its liberal stance, stands ready to challenge these efforts. The court, which has previously hindered much of Trump’s agenda during his first term, is now facing a more prepared legal team from the incoming administration.
Trump’s administration has had years to strategize for potential legal battles in the Ninth Circuit, which is located in a historic courthouse in San Francisco. The court has seen a shift in its makeup, with 10 of its 29 judges now appointed by Trump, leading to speculation about a more favorable reception for his policies.
According to retired federal judge Jeremy Fogel, the Ninth Circuit is evolving and is no longer the "old Ninth." The court, which is the largest regional appeals court in the U.S., covers nine Western states, including areas critical to Trump’s policy plans.
Most states within the Ninth Circuit are governed by Democrats, making the court a key player in legal challenges against a Republican administration. During Trump’s first term, California alone filed over 100 lawsuits, achieving several victories that impeded his agenda.
The Ninth Circuit previously blocked Trump’s travel ban targeting seven majority-Muslim countries and upheld California's DACA program, which protects certain undocumented immigrants. As Trump prepares for a second term, the court is expected to play a significant role in the legal strategies of his opponents.
Skye Perryman, president of Democracy Forward, indicated that extensive litigation is anticipated over the next four years, with communities in the Ninth Circuit likely seeking relief from the administration’s policies.
The appellate courts, positioned between trial courts and the Supreme Court, will be instrumental in determining the legality of Trump’s second-term initiatives. Their decisions can either uphold or overturn lower court rulings, significantly impacting the implementation of policies.
Trump’s legal team is expected to be more adept this time, having learned from previous court battles and benefiting from a conservative Supreme Court majority. Legal experts suggest that the Supreme Court may impose stricter limitations on lower court injunctions, potentially complicating efforts to challenge Trump’s policies.
Mike Davis, a former Republican counsel, noted that Trump has a better understanding of the judicial landscape and the limitations of executive power compared to his first term.
The Ninth Circuit's composition has shifted from an 18-to-7 split favoring Democratic nominees in 2017 to a 16-13 divide today, enhancing the likelihood of Republican-majority panels in future cases.
While the Ninth Circuit is expected to be a primary venue for challenges to Trump’s policies, other appellate courts with Democratic majorities will also play critical roles in reviewing his administration's actions.
Despite Trump's historical criticisms of the Ninth Circuit, the court has become more moderate in recent years, moving away from its previous reputation as a liberal stronghold.