As reported by the National Law Journal in an article, The 9th Circuit’s En BancReviewProcess Foretells a Conservative Power Shift, President Trump “has managed to stack the Ninth Circuit with 10 appointees, but Trump’s judicial legacy also can be found in which jurists are dissenting to en banc rehearing denials.  “From January 2018 through October 2020, judges have dissented 31 times—two of which were identical dissents in companion cases. Only three of the 31 dissents were entirely or primarily from judges appointed by Democratic presidents.”  On the 9th Circuit, judges appointed by Democratic presidents hold a 16-13 edge.

The National Law Journal said that the 9th Circuit “receives around 800 petitions a year for rehearing en banc, and only a fraction of those are circulated for a vote on en banc review. In 2018, only 18 ballots were circulated, and in 2019 the total number of ballots was 28…These votes o????er an insightful snapshot of the court for a number of reasons. They are the only cases that represent judicial action by all of the active judges…since only 10 Ninth Circuit judges are randomly selected to hear en banc cases with the chief judge. Additionally, the dissents might also serve as smoke signals to the U.S. Supreme Court.”