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Obama Could Reverse Conservative Majority On Courts



The Washington Post on Monday examined how President-elect Barack Obama's judicial appointments to federal appellate courts could affect the U.S. legal landscape.

According to the Post, because the "conservative direction" of the Supreme Court is unlikely to shift anytime soon, Obama can "assert his greatest influence" on the U.S. judiciary system through his appointments to the federal appellate courts, "which dispense almost all federal justice," reports a Medical News Today press release.

The Post reports that some experts believe that the 56% majority that Republican nominees hold over the nation's courts likely will be reversed by the end of Obama's presidency.

Obama has expressed a "generally liberal judicial philosophy" that favors Supreme Court justices and other judges who support abortion rights, according to the Post. Arthur Hellman, a University of Pittsburgh law professor, said Obama "has a huge opportunity" to impact the courts. He added, "In a very short time, significant segments of the appellate courts, which are the final authority in all but a tiny handful of cases, will be dominated by Democratic nominees."

According to the Post, liberal groups - which have been "energized by Obama's victory" - are "pressing for nominees to their liking." Kathryn Kolbert, president of People for the American Way, said said that voters "sent a mandate to [Obama] that we can restore balance to the federal courts, and we're confident that will occur," vowing that she would work to "prevent extremists on the right from hijacking the process."

The most significant shifts likely will be in the U.S. Court of Appeals for the 4th Circuit, which covers Virginia, West Virginia, the Carolinas and Maryland and has "long been considered one of the nation's most conservative courts," the Post reports.

Republicans on the court currently hold a 6-5 majority, but there are four vacancies. Other appellate courts that could see a shift to Democratic majorities include the New York-based 2nd Circuit, the D.C. appeals court and the 3rd Circuit, which covers Pennsylvania and New Jersey.


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