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).
The 9th's Judge STEPHEN REINHARDT =
-Leader of the Pack
-Friend of the CLINTONS
-No "UNDER GOD" Pledge of Allegence in Schools
The Enemy is now Within...
and always has been.