Posted on 06/19/2005 8:18:57 AM PDT by SandRat
LOS ANGELES - Congressional Republicans are hoping yet again to split the 9th U.S. Circuit Court of Appeals, which covers nine Western states and has issued some rulings to the dismay of conservatives.
The Republicans say a breakup is the best way to reduce the circuit's caseload.
Sen. John Ensign, R-Nev., plans this week to introduce a bill to split the circuit into three parts. Rep. Mike Simpson, R-Idaho, has already introduced legislation this year that would create at least one, if not two, new appellate courts for the area, which includes Arizona.
"The situation is continuing to get worse for the 9th Circuit," Ensign said in a telephone interview on Thursday. "It has by far the most cases per jurist, and it's just too large and too unwieldy."
Sen. Dianne Feinstein, D-Calif., who has opposed efforts to split the circuit, said the real issue is the number of judges handling cases. "If there is a way to reduce the caseload of the 9th Circuit's judges in a fair and honest manner," she said in a statement, "I am open to considerations."
The idea of splitting the 9th Circuit is hardly new; efforts date back decades. But it packs greater significance following recent criticism from some conservatives of decisions by federal judges.
Democrats who have opposed a split may be cautious about voicing strong opposition after the recent skirmish over judicial filibusters. And with Republican majorities in the Senate and House, which passed a version of the bill last year, supporters say they consider the split inevitable.
Disband the Ninth Circuit.
Seeing is believing. Get too it already, pubbies!
The 9th Circuit is just the right size for the states on the West coast. There is no reason that some idiots in San Francisco should be deciding cases for Montana and Alaska.
Your absolutely right -- Talk is cheap, put or we replace them with people who have a backbone, is their anyone in the party with a Backbone!!??
If they actually pull this off, it would be provide some redemption for the confirmation fiascos. What's really be fun is packing the new circuits with all ne conservative judges. Liberals will be screaming bloody murder.
few and far between.
Yes, there are a few.
Congress would be well within their powers to disband the 9th Circus.
I'm sure there are some, as there are more than 20 Judges on the 9th Circus.
We only have ourselves to blame for the radical Judiciary in this country...just look at all the duds appointed by GOP Presidents.
Nor should they be deciding for Arizona. Leave them with Hawaii and Sin FreakSicko and that's it.
Dividing the circuit won't magically change its political leanings, but it will increase the efficiency of the federal courts.
Guam needs its own exclusive circuit.
I suggest that the 9th be relieved
of superfluous cases, so that it can
direct its attention solely to Guam.
Hey the Guamanian people are friendly! What are you trying to do start a WAR!
.Example, the 5th Circuit court is equally as far to the far right among all of the states within its jurisdiction as the 9th is to the left in its. Some of the Fifth's decisions are astoundingly outcome oriented and the court, in all but a couple of 3-judge panels, will reach 'way out to reverse a case in which the lower court -with or without a jury, has found for an injuried plaintiff, a consumer class or a small business when the appellant is a large energy company, bank, financial/securities institution, or a politically powerful commercial interest. The skew of the 5th Circuit is so clear that lawyers over in that part of the country try to avoid bringiing a meritorious case in U.S. distruct court within that circuit because they know that, in the overwhelming majority of instances, the 5th Circuit will find some cockamamie rationale' to favor big business, industry, commercially powerful interests or, in criminal cases, the government.
It is noticeably strange that the same voices that attack the 9th Circuit for ignoring the role of an appellate court and the ends of justice are strikingly silent about the 5th.
By contrast, the 11th Circuit, my circuit, is a straight-down-the-middle court, as are the remaining circuits. We lawyers know from the outset in the 11th and the other circuits around the country that some 3-judge panels of the court are more oreiented to one side of the political spectrum than the other. But, that being recognized, we nonetheless believe, in fact we know, that we'll get a fair hearing, the three panel judges will have studied our briefs, the record from the district court, listened carefully at oral argument, and render a cognizably fair decision and opinion justifying the decision. Those who scream about the 9th should also be just as agitated about the 5th for those who live and litigate in Louisana and Texas.
Of course lawyers and litigants want to prevail in their cases, that's not the crucial issue. Every lawyer I know and most litigants, with proper counseling, simply expect, and have every right to, a fair hearing by judges not outcome oriented or driven by ideology in the decision making process. No one expects any individual judge to leave his own societal or political orientation in the parking garage, but we have a right to demand that such extraeous factors are not included in his decision calculus. Regretably, that is always the case and we have the results we see today in some specific areas.
We also need a plan if travel is limited and some form a regional juridical appeal is helpful during a time of crisis. We have no plans because we can't envision such troubles.
In general the Circuit Courts are very, very important -- and can become more important. But also in the event of a terrorist strike we could lose a Circuit Court and then what?
If Atlanta is taken out in a nuclear terrorist action, then what happens to the Circuit Court (not to mention the hub for air transportation, telecommunications, national morale etc.)?????????... Just what are our plans? Someone should have some for the area of the Judiciary with regard to terrorist actions and warfare on our own territory.
...So the point of this bright and cheerful meditation is that it is fine well and good to appoint federal judges or alter the number of Circuit Courts, but we also should be appointing federal alternates to take authority under certain limited conditions given the current disastrous situation with our borders et cetera et cetera et cetera...
And after you split the Ninth Circuit district, give jurisdiction over one square square mile of Death Valley to the old one. Population 0.
Problem solved.
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