Fifth Circuit Judge James Ho cast the deciding vote to erect hurdles to the right to abortion and he strongly criticized Roe v. Wade in a separate concurrence .
Willett and Ho also voted to excuse the concealment of exculpatory evidence and reverse a damages verdict for an innocent man falsely imprisoned.
Sixth Circuit Judge John Nalbandian cast the deciding vote authorizing the immediate deportation of an immigrant with a "clean police record" who had been married to a US citizen for 10 years and had two US citizen children, without even waiting five days for a hearing.
Eighth Circuit Judge David Stras wrote the opinion and cast the deciding vote to rule that the circuit court did not have jurisdiction to review an administrative decision to refuse to process an asylum application. Another judge issued a strong dissent in the case, criticizing the majority for basing its decision "on a factual finding the agency never made."
Fifth Circuit Judge Kyle Duncan cast the deciding vote to suspend an injunction and allow the unconstitutional jailing of poor people in Harris County, Texas, to continue.
Eleventh Circuit Judge Kevin Newsom filed a concurrence to reconsider the circuit's precedent that a large cross maintained by the city on public property violated the First Amendment's Establishment Clause, which prohibits the government from making any law "respecting an establishment of religion."
Trump's Circuit Court Judges Dissent in Order to Deny Civil RightsTrump's circuit court judges have also distinguished themselves by dissenting from decisions that upheld civil rights. For example:
Fifth Circuit Judge James Ho wrote a dissent taking an extreme position that would allow campaign contributions without limit.
Fifth Circuit Judges James Ho, Don Willett, Kyle Duncan and Kurt Engelhardt all voted in dissent to reconsider a decision upholding a federal gun control law.
Sixth Circuit Judge Amul Thapar's dissent would allow corporations to pressure their employees to give up their rights to challenge sex discrimination under Title VII of the Civil Rights Act. Thapar also dissented in a case where he would have excused a lawyer who failed to advise a permanent resident about deportation consequences of a guilty plea.
Sixth Circuit Judge John Bush argued in dissent for ignoring the failure to warn a naturalized citizen of the consequences of a guilty plea.
Sixth Circuit Judge Joan Larsen dissented from a decision allowing a fired whistleblower to try her case to a jury.
Third Circuit Judge Stephanos Bibas joined a dissent from a ruling protecting transgender students against right-wing attacks.
What's at Stake, What to DoProgressives are working on developing strategies to circumvent the increasingly disastrous judges taking the federal bench. For example, environmental groups are coordinating with each other about whether to file cases in the Supreme Court. Many lawyers are filing cases in state rather than federal court, where their clients will get a fairer shot.
Meanwhile, the best strategy for limiting the number of right-wing judges with which Trump can pack the federal courts is to elect a Democratically controlled Senate in the midterm elections.
In order to confirm a Supreme Court justice or a federal circuit court of appeals judge, the Constitution requires that the Senate give its advice and consent. Because Republicans now control the Senate, Trump has been able to ram his judicial nominees through.
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