The 9th Circuit U.S. Court of Appeals could be undergoing a further shift towards the center, a far cry from its century and a half tradition of judicial liberalism. The largest of 13 appellate courts, it sees cases emanating from 9 western U.S. states ranging in topic from civil law, criminal law, immigration to the death penalty, and bankruptcy. The most notable of the latter is a case which I have (and will) continue to cover with intense scrutiny, namely the J. Howard Marshall/Anna Nicole Smith estate feud. As would be expected, this trend is not without its detractors and supporters. Those opposed fear that the court will lose its signature element of jurisprudence rooted in empathy and human emotion, a facet that attempts to steer clear of rote, by-the-book, procedural-based decision-making. Those in favor argue that the leftist leanings have historically created deformities in the justice system, such as “forum shopping” by plaintiff, and frequently use the Marshall/Smith case as an example. Some vacant judicial openings are forthcoming, and the first challenge could be the most important of their lives. June 26, 2009, could be a watershed date. This date is when the aforementioned ponderously overanalyzed case from the Read More …