You don't get the point. We do not abandon a fight because it will be hard, it won't pass or whatever. That is allowing a minority party to overrule the majority.
I don't know enough about it to know whether they could win or not - but I am sick to death of all the excuses about what we do because of what the dems will do.
If we do not act when in the majority and make our mark - we do not act ever, because we cannot get anything done when in the minority. Yet - somehow - the dems do.
I'm all for splitting the 9th court, especially since it will probably mean adding more conservative judges. However, as long as the Rats can filibuster (something I'd be in favour of getting rid of)it's not going to happen. Why waste time doing something that won't pass? The republicans should be working overtime to fill the dozens of existing vacanies on the federal courts. One seat on the 9th circuit of appeals has been vacant for over six years!