VIEW VIEWPOINT

Flipping Courts

Written by Kerby Anderson June 14 - 2019
Penna Dexternever miss viewpoints
It's striking that the Trump administration and the US Senate have cooperated to confirm a record 41 judges to the US Circuit Courts of Appeals, beating the Nixon Administration, which logged 25 confirmations by its third year. This is important because the 13 appeals courts have the final say in all but the approximately 70 cases the Supreme Court decides each year. First Liberty Institute, a law firm dedicated to defending religious liberty, applauds the opportunity to flip some of these appeals courts. A court flips when it moves from having a majority of liberal-appointed judges to having a majority of conservative-appointed judges. In an article entitled "More Flips in the Future?" First Liberty's senior writer Jorge Gomez explains that flips are important because, when an appeals court chooses a three-judge panel to decide cases, "if the ratio of conservative to liberal-appointed judges is closer to 50-50, then there's a higher probability that a conservative judge will hear and rule on cases according to the original text of the Constitution and the First Amendment." He reports that the US Court of Appeals for the Third Circuit, covering Delaware, New Jersey, and Pennsylvania already flipped earlier this year. The Eleventh Circuit, which covers Alabama, Florida, and Georgia, is only one vacancy away from a flip, with one liberal-appointed judge eligible for retirement and another getting close. There are four liberal-appointed judges currently eligible to retire on the New York-based Second Circuit Court, which is also only one vacancy away from a flip. And, amazingly, the balance is ripe for change on the notoriously left-leaning Ninth Circuit where 8 liberal-appointed judges are eligible to retire. First Liberty's President Kelly Shackelford explains that a federal judge is eligible to retire at 65 at full salary for the rest of their life — a pretty good incentive to step back or move on, perhaps into a law practice. Our courts could soon resume their proper, less activist role. penna's vp small

Listen to this Viewpoint

Viewpoints

View All
Spy balloon
June 4, 2026
Kerby Anderson

Intelligence Gathering

Kerby AndersonOver the last month, we have been talking about China. When talking about China, we usually talk about its strengths and technological developments. But there is another side to intellig...

John adams quote our constitution was made
June 3, 2026
Kerby Anderson

Freedom’s Foundations

Kerby Anderson Freedom in this country depends upon three important foundations: morality, limits, and human rights. First, freedom depends on morality. John Adams observed, “Our constitution was made...

Hausers law in action 1946 2018
June 2, 2026
Kerby Anderson

Raise Tax Rates?

Kerby Anderson With estimates that the federal deficit will increase this year, we are once again hearing comments about making the “rich pay their fair share.” Even if we set aside the moral argument...

Take Action

View All
Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

Support the SAVE Act
April 2, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.

Contact Congress About the Prevent Government Shutdowns Act of 2025
October 15, 2025

Contact Congress About the Prevent Government Shutdowns Act of 2025

Congress needs to get the job done, not run away from work.