myth of liberal courts

surprise, surprise, the courts are already dominated by republican-appointed judges, even as the bush administration rails against the bogeyman of an "activist judiciary" in an effort to overturn the last remaining shred of checks and balances on judicial appointments.

Judges Battle Transcends Numbers
Sun Apr 17, 7:55 AM ET
Top Stories - Los Angeles Times
By David G. Savage
Times Staff Writer

WASHINGTON — The looming battle over President Bush's nominees to the U.S. appeals courts might derail the Senate, but it probably won't make much difference in the federal courts. That's because Republican appointees already dominate them.

Ninety-four of the 162 active judges now on the U.S. Court of Appeals were chosen by Republican presidents. On 10 of the 13 circuit courts, Republican appointees have a clear majority. And, since 1976, at least seven of the nine seats on the U.S. Supreme Court have been filled by Republican appointees.

Even if Bush wins approval for the dozen disputed nominees who have been blocked by Senate Democrats, only one circuit would change its ideological balance — hardly a seismic shift. The 6th U.S. Circuit Court of Appeals in Cincinnati, now evenly divided, would become 10-6 Republican.

Though it remains a staple of conservative rhetoric that the courts are "out of control" and driven by "liberal activists," the GOP's control of the White House for 24 of the last 36 years has given Republicans — if not conservatives — a firm grip on the federal judiciary.

But the fact is that party labels don't necessarily mean much on the bench.

For Republicans, that has become especially clear as the party has moved further to the right, in some cases leaving "conservative" judges looking "moderate."

That's why last year's Republican Party platform took aim at the GOP-dominated federal courts and pledged to "stop activist judges from banning the Pledge of Allegiance and the Ten Commandments."
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