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.
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.
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.
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.
The 9th Circuit is disproportionate in its size. All the other circuits have about 12 judges, whereas the 9th circuit has about twice that many. It should be split.
A Commission during the 1990s said that the 9th Circuit shuld be split into two divisions, but maintained as a Circuit, with some "floating" judges between the two divisions to assure uniformity. This is a wacky idea compared to simply splitting the 9th Circuit. The Commission's idea would have essentially created another, mezzanine level of appeals within one of the Circuits, and leading to confusion. There is simply no need to go there.
As it is, the 9th Circuit is also the nation's most liberal Circuit and is routinely overturned by the U.S. Supreme Court. This difference will only widen as Bush's nominees for the more-or-less balanced Circuits, e.g., the 11th, are confirmed, making all the Circuits, except the for 9th, conservative Circuits.
The only problem I see with splitting the 9th Circuit is the "blue card" of the Democratic Senators from California. They, for example, blue carded Christopher Cox when he was nominated to the 9th Circuit (Bush subsequently nominated him for the SEC).
The extension of Republican hegemony to the U.S. Circuit Court of Appeals within which is California is going to require some imagination. Perhaps we can leave California to be a one state Circuit, and fill it with recess-appointed judges (until a Democrat is elected President and they elect at least 50 Senators).
Moreover, the 9th Circuit is the official Court of Enviro-wacko Causes. Splitting the circuit would mean that Californians will still get the rulings they want, while the other states in the Circuit can be returned to judicial sanity.