Ninth Circuit Conservatives Use Muscle to Signal Supreme Court

When Judge Patrick Bumatay of the Ninth Circuit objected to the court’s new standard for dismissing cases involving “state secrets” last year, the language he used was dire.

“The court’s decision today seriously degrades the Executive’s ability to protect our Nation’s secrets and I fear it is only a stepping stone to further erosions,” the Donald Trump appointee wrote.

Nine other Ninth Circuit judges signed onto that dissent—all of them appointed by Republican presidents and all but two appointed by Trump.

While Bumatay was on the losing end, the dissent still had a serious impact. It served as a ...