[ilbegone]

Smith is a Bush appointee

Federal Judges are nominated by the president and confirmed by the senate, which suggests compromise.

I have read of where individual Judges often issue rulings contrary to political philosophy of the president who nominated him - democrat or republican.

I took a step back and I am now laboring to understand why/how the Ninth Circuit Court protects the free speech of foreigners here illegally.

I don't understand why, but the 9th circuit court of appeals may well issue rulings as a body which may be very different than say, the first circuit court of appeals. I think the key is how individual judges interpret the Constitution. I believe the 9th circuit is generally very liberal.

Judges are supposed to be independent from either tyranny of the majority and other political pressure. For example, I'm quite sure that United States vs. Wong Kim Ark went against much public and political sentiment, but it was the last stop for the case and set much precedent.

It may be that Smith doesn't approve of or sympathize with illegal day laborers, but there may be something in the struck down ordinance which Judge Smith saw as a threat to the greater freedoms of Americans and could set precedence to curtail American freedoms. However, you would have to ask him.

Judicial rulings are supposed to be derived from interpretation of the constitution. "interpretation" could boil down to distilling precedence while personal life experience or personal beliefs may well influence decisions - hence Supreme Court Judge Sotomayor's statement that "as a woman and Latina"...

And some judges are just plain corrupt.