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Biden’s Ninth Circuit Nominee - Was Just Unanimously Overturned by the Ninth Circuit

September 14, 2021

Biden continues the leftist policy of nominating unqualified judges to positions of prominence.

One reason President Donald Trump was so revolutionary was because he appointed many, MANY judges who acted as judges are supposed to act (his three Supreme Court misses notwithstanding). 

Election 2020: You Can Never Have Too Many Constitutionalist Judges and Justices

Perhaps the most revolutionary move was Trump’s transformation of the historically, notoriously Leftist and anti-Constitution Ninth Circuit Court of Appeals.

Ninth Circus Court No More? Trump-McConnell’s Judges Have Made Huge Differences Everywhere:

“Trump’s consistent fealty to constitutional jurists – and (then-Senate Majority Leader Mitch) McConnell’s prioritization of getting them confirmed – is paying huge dividends all across the country.

“Especially in the Ninth Circus.

“‘With Ten Appointees on the Ninth Circuit, Trump Seeks to Tame His Nemesis’

“The Court’s entire judge population is twenty-nine.  More than 1/3 of them – are now Trump judges.

“Trump’s Reshaping of ‘Ninth Circus’ Appeals Court Has Stopped a Lot of ‘Liberal Judicial Activism.’”

Unfortunately, we are now addled with anti-Constitution, exceedingly awful President Joe Biden. 

Biden Announces 5th Wave of Judicial Nominees as Democrats Aim to Maintain Quick Pace of Confirmations to Federal Bench

And Biden seems intent on reclaiming the crown jewel of judicial idiocy.

Judge Lucy Koh Tapped for 9th Circuit in Latest Batch of Biden Judicial Nominees

If ever there was a poster child for judicial activism in the service of government cronies - it’s Lucy Koh.

The Egregious Damage One Activist Judge Can Do

Get Big Media’s glowing appreciation of Koh’s radical anti-judging….

In Silicon Valley, Lucy Koh is the Law

“Her rulings at times have broken legal ground….

“Koh’s interest in the law, friends and colleagues say, is rooted in an idealistic sense of justice – in the law as an agent for change.”

Translation: Koh likes to ignore the Constitution and the law.

And make stuff up so as to impose her personal policy preferences – ‘break new ground’ so as to be an ‘agent of change’ – rather than remain within the confines of the Constitution and the law.

And Judge Koh’s latest really big ruling – was omni-directional awful. 

An Obama Judge Could Singlehandedly Kill US Intellectual Property and National Security

Judge (Lucy) Koh’s Qualcomm Coup:

“Her sweeping antitrust ruling kneecaps the firm and 5G competition.”

Judge Koh’s ruling didn’t just kneecap Qualcomm – it kneecapped any patent holder anywhere in the world doing business in the United States.

But Judge Koh’s ridiculous ruling – was even more damaging than that.

She single-handedly, unilaterally rewrote large swaths of the United States’ patent system.

Oh: And Koh imposed all of this judicial insanity - in service of monster-crony, Big Tech IP thief Apple (Market Cap: $2.47 trillion). 

Apple was stealing Qualcomm’s IP - and wanted the court to ratify its massive heist.  And Koh was happy to oblige - no matter how far she had to warp the law to deliver the cronyism.   

How awful was Koh?:

“Judge Koh refused to hear from two dozen witnesses put forward by Qualcomm.  And went whole hog with Communist Chinese cellular company Huawei.  That also happens to be a direct competitor of Qualcomm.

“Judge Koh cited Huawei – 134 times in her 233 page order.

“Because Judge Koh didn’t care about…you know, facts and dubious Communist Chinese witnesses and stuff.  She cared about imposing her personal Leftist policy preference.”

Leftist Judge’s ChiComm #1 Witness in Awful IP Theft Ruling - Is a Massive IP Thief

How exceedingly awful was Koh’s ruling?

When the Ninth Circuit Court Unanimously Says You’ve Gone Too Far Left….

Appeals Court Throws Out Antitrust Ruling:

“A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit (unanimously) reversed a 2019 ruling by a federal judge who found that Qualcomm had abused its monopoly position in wireless chips and overcharged mobile phone makers for its patents….

“The District Court judge, Lucy Koh,…(issued) a 233-page decision that could have forced Qualcomm to renegotiate its licensing contracts with phone makers and license its technology to rival chip makers.

“But the appeals court panel was not persuaded.

“In a 56-page ruling, the judges concluded that Qualcomm had no duty under antitrust law to license its competitors. They also ruled that Qualcomm’s policy of not supplying chips to any handset maker that had not licensed its patents did not work like an illegal surcharge on chips sold by competitors.

“‘Anti-competitive behavior is illegal under federal antitrust law,’ the judges wrote.  “Hyper-competitive behavior is not.”

The Ninth Circuit totally obliterated Koh’s ruling - and her alleged legal thinking behind it.

And now Biden has nominated Koh for a promotion - to the Ninth Circuit.

The court that totally obliterated Koh’s ruling - and her alleged legal thinking behind it.

Those Court colleague lunches should be really…interesting. 

You only promote Koh - if you’re primarily interested in destroying the judiciary, IP, the economy and the country.

Good times.     

PHOTO: Court Gavel - Judge's Gavel - Courtroom. PHOTO BY: wp paarz, Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0).

Article Tags
Government & Politics
Author
Seton Motley is the president of Less Government, a DC-based non-profit organization dedicated to reducing the power of government and protecting the First Amendment from governmental assault.
smotley@lessgovernment.org @SetonMotley