Can we force the 9th Circuit to be Recused for Bias?

[bcj68]

I've watched time and time again how the 9th Circuit en Banc Panel has overturned lower three-judge panel rulings. While it's infuriating, the statistical anomaly in this is kind of outrageous.

Statistically, only about 1.5% of cases that are decided by a three judge panel are successfully appealed to the 9th Circuit for En Banc Review. (En banc rehearing is rare. In calendar year 2024, 625 en banc petitions were filed, 29 cases were called for an en banc vote, and nine votes succeeded.)(1) For second amendment cases, where the three judge panel decides a case in favor of gun rights, their acceptance rate is at or almost 100%. (If I am incorrect on that please let me know...) That's an insane correlation statistically, and makes a it appear that the 9th has a bias against your civil rights when it comes to the second amendment.

Could anyone start an investigation into the bias of the court by doing a FOIA request for all records on emails and documents on the acceptance of second amendment cases bny the en banc panel? Could the argument be mader that the 9th Circuit be recused from any second amendment cases due to their apparent bias?

Just a question...


(1). https://calg.com/inside-the-ninth-circuits-en-banc-process/.

 

[30tokens]

I've watched time and time again how the 9th Circuit en Banc Panel has overturned lower three-judge panel rulings. While it's infuriating, the statistical anomaly in this is kind of outrageous.

Statistically, only about 1.5% of cases that are decided by a three judge panel are successfully appealed to the 9th Circuit for En Banc Review. (En banc rehearing is rare. In calendar year 2024, 625 en banc petitions were filed, 29 cases were called for an en banc vote, and nine votes succeeded.)(1) For second amendment cases, where the three judge panel decides a case in favor of gun rights, their acceptance rate is at or almost 100%. (If I am incorrect on that please let me know...) That's an insane correlation statistically, and makes a it appear that the 9th has a bias against your civil rights when it comes to the second amendment.

Could anyone start an investigation into the bias of the court by doing a FOIA request for all records on emails and documents on the acceptance of second amendment cases bny the en banc panel? Could the argument be mader that the 9th Circuit be recused from any second amendment cases due to their apparent bias?

Just a question...


(1). https://calg.com/inside-the-ninth-circuits-en-banc-process/.

I like the way you think even though not sure it’s possible… it might be a good idea to ask that question on Gun Radio and CRPA.

 

[SilverEndless]

Does not answer your question but addresses your question’s intent

 

[adrkwan]

Not sure how'd you be able to force the entire Circuit to recuse itself. You really need SCOTUS to address it. I'm watching the Missouri congressional redistricting fight which has a bunch of infighting among the courts.

 

[Darqhelmet]

lol, no we can’t. nice pipe dream though.

 

[MysteryScienceHeater3000]

I’m 99% sure there is no such concept as “forced recusal”. Judges in America are the sole arbiter of whether a recusal is necessary.

Scalia flagrantly went duck hunting with Cheney while presiding over his case and yet no consequences ever arose. And that’s textbook grounds for recusal.

The political bias of a judge has been and is especially now their primary qualification, not their jurisprudence skill or whatever. The political bias you see isn’t a bug it’s a feature.

 

[Hamburger Monster]

I think the only recourse we have short of 2A options is an impeachment. But only the house, if I'm not mistaken can start that process. You would need a good majority in favor of it to be able to remove judges. Not to mention the approval by the Senate

I know of no other way to remove judges and they themselves choose the cases they will hear so recusing themselves is up to them

 

[cali_jazz]

I've watched time and time again how the 9th Circuit en Banc Panel has overturned lower three-judge panel rulings. While it's infuriating, the statistical anomaly in this is kind of outrageous.

Statistically, only about 1.5% of cases that are decided by a three judge panel are successfully appealed to the 9th Circuit for En Banc Review. (En banc rehearing is rare. In calendar year 2024, 625 en banc petitions were filed, 29 cases were called for an en banc vote, and nine votes succeeded.)(1) For second amendment cases, where the three judge panel decides a case in favor of gun rights, their acceptance rate is at or almost 100%. (If I am incorrect on that please let me know...) That's an insane correlation statistically, and makes a it appear that the 9th has a bias against your civil rights when it comes to the second amendment.

Could anyone start an investigation into the bias of the court by doing a FOIA request for all records on emails and documents on the acceptance of second amendment cases bny the en banc panel? Could the argument be mader that the 9th Circuit be recused from any second amendment cases due to their apparent bias?

Just a question...


(1). https://calg.com/inside-the-ninth-circuits-en-banc-process/.

No, I don't think you can get the whole 9th recused. And FOIA isn't going to work either, the federal courts aren't subject to FOIA, so you're not going to get their internal emails or discussions about which cases they take en banc that way.

From the video above, (hopefully) future Supreme Court Justice Lawrence VanDyke absolutely excoriated his own court over its handling of Second Amendment cases in his Knife Rights v. Bonta dissent:

“Come hell or high water, Heller or Bruen, our court will find a way to uphold any weapons restriction that a liberal State can dream up.”
“Like a clever, spoiled child, we’ve successfully defied the Supreme Court’s Second Amendment precedent for nearly two decades.”

“To put it more colloquially, it’s time for some benchslaps.”

He wants SCOTUS to start summarily reversing them instead of letting these cases drag on for years.

Remember he took a bunch of heat from his colleagues for calling them out on 2A cases in this video with his Duncan v. Bonta dissent? Judge Berzon, joined by five other judges, called the video “wildly improper,” accused him of essentially appointing himself an expert witness, and complained that he was introducing facts outside the record while also sitting as a judge on the case.

Dude has taken some major heat over his public opinions and it doesn't shut him up at all.

 

[Jimi Jah]

No need. That's why we have appeals court.