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Splitting the Ninth

by TChris

There's no doubt that the sprawling Ninth Circuit has a huge caseload, but that isn't the motivation underlying conservative efforts to divide the circuit into two or three parts. Long viewed by the right as a "liberal" circuit, conservatives hope to diminish its influence by breaking it into smaller pieces.

Next week, Senator John Ensign, Republican of Nevada, plans to introduce a bill to split the circuit into three parts. Representative Mike Simpson, Republican of Idaho, has already introduced legislation that would create two new appellate courts for the area.

Right wing Representative Jim Sensenbrenner, chair of the House Judiciary Committee, doesn't want to approve the addition of judgeships to any circuit (even though that would be the best solution to the workload problem) until the Ninth Circuit has been split. Most Ninth Circuit judges oppose the plan.

"The reason that the issue of splitting the circuit comes up repeatedly is because of dissatisfaction in some areas with some of our decisions," said Mary M. Schroeder, chief judge of the Ninth Circuit and a strong opponent of any split. "This has a long historic basis beginning with some fishing rights decisions in the 60's and going forward to the Pledge of Allegiance case and presently some of the immigration decisions."

Even conservative judges on the Ninth Circuit recognize the folly of Sensenbrenner's plan.

"We've taken votes of our judges regularly," Judge [Alex] Kozinski said, "and we always overwhelmingly vote against the split. And these are the folks that know the work of the court."

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    Re: Splitting the Ninth (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:14 PM EST
    Further efforts to destroy the overseeing court. What a fun game of "prosecute us if you can" we are playing with these neo-con artists. The 9th circuit is responsible for the unconstitutional removal of a sitting governor not shown to be guilty of any crime, by a criminal put in power by vote fraud. Splitting the 9th will give the corrupt on that bench (and in the states) more leeway, increase the cost of government and litigation, and increase the load on the SCOTUS, if ever we get a legitimate SCOTUS again. Not one with 5 vote-fraud criminals on it.