On Heels of Travel Ban Hearing, GOP Lawmakers Push Bill to Split Up 9th 'Circus' Court
by Chris White | 1:57 pm, February 9th, 2017
The 9th Circuit Court of Appeals is well-known for handing down more liberal and left-leaning opinions than the other circuits that make up the United States appellate court system. As such, it has sort of been a thorn in the side of Republicans for years and now an effort is underway to divide up the 9th Circuit so that it holds less sway in the judicial system. This move comes at the heels of a controversial hearing before the Ninth Circuit regarding Trumps travel ban. A panel of three judges will soon decide whether to uphold a temporary restraining order halting the order issued by a lower federal court in Seattle.
According to Fox News, Republican Senators Jeff Flake and John McCain, both from Arizona, have introduced a bill that would add a new 12th Circuit covering six states currently under the jurisdiction of the 9th Circuit. The plan would allow the 9th Circuit (based in San Francisco) to keep California, Oregon, Hawaii, Guam and the Northern Mariana Islands. Meanwhile, the new 12th Circuit would take over Arizona, Nevada, Idaho, Montana, Washington and Alaska.
The Courts liberal reputation, as well as many of its major opinions getting struck down by the Supreme Court, has led to some conservatives referring to it as the Nutty 9th or the 9th Circus. At least part of the reason for its left-leaning tendencies can be found in the fact 18 of the 25 active judges currently siting on the bench were appointed by Democratic presidents. Former President Barack Obama appointed 7 judges to the 9th Circuit during his 8-years in the Oval Office.
In a recent interview, Sen. Flake explained the reason for the legislation, saying the 9th Circuit now represents 20 percent of the population and 40 percent of the land mass is in that jurisdiction. Its just too big. We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just dont have it.
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http://lawnewz.com/high-profile/on-heels-of-trump-ban-hearing-gop-lawmakers-push-bill-to-split-up-9th-circus-court/
LisaM
(27,794 posts)Since our votes are pretty much useless (nationally) at the ballot box, why not take away the one safety net we have?
old guy
(3,283 posts)asiliveandbreathe
(8,203 posts)A 12th circuit - all RED - except Washington..they don't like a fair and balanced justice....and they don't like the 9th circuit telling AZ what to do.....
We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just dont have it. BS to that.....
Nictuku
(3,587 posts)While it is true the 9th Circuit has more cases overturned than other circuits, mainly due to California's greater population, the stat that they don't ever seem to mention is that the 9th Circuit's caseload is waaaaaaaay bigger than any other circuit. More cases, more cases to select to overturn.
The staticistics would bear out that as a percentage of all cases, those that are overturned by the Supreme Court measures pretty closely to all other circuits.
arithia
(455 posts)California generates so many cases that the 9th is always going to have a heavy workload it handled 11,888 of the 56,244 cases handled by all federal appeals courts in the 12 months ending last June.
http://www.mercurynews.com/2017/02/07/how-liberal-reputation-of-9th-circuit-court-of-appeals-is-overblown-scholars-say/
JudyM
(29,196 posts)Of course they will. Don't like how people (or judges) vote? Divvy em up differently to water down their power.