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GOP move to advance 9th Circuit split draws heat from Democrats
ap on Monterey Herald ^ | 11/03/05 | Erica Werner - ap

Posted on 11/03/2005 6:10:40 PM PST by NormsRevenge

WASHINGTON - House Republicans on Thursday included a break-up of the San Francisco-based 9th U.S. Circuit Court of Appeals in a budget bill that would be immune from Senate filibuster, drawing complaints from Democrats.

"It does not have the support to pass both houses of Congress, so House Republicans are seeking to stifle debate and the democratic process by inserting a controversial measure into the expedited budget process," said House Minority Leader Nancy Pelosi, D-San Francisco.

The House Budget Committee included the measure in a $54 billion deficit-reduction bill that is expected to get a House floor vote next week.

The measure would create a 9th Circuit covering California, Hawaii and the Pacific Islands, and a new 12th Circuit covering Alaska, Washington, Oregon, Idaho, Montana, Nevada and Arizona.

Supporters say the 9th Circuit, which covers nine states with about 54 million people, is too large to operate effectively. But opponents allege politics by Republicans angry at some of the court's rulings, like the 2002 opinion that declared the Pledge of Allegiance unconstitutional when recited in public schools.

Republicans have been trying for years to break up the 9th Circuit. They've tried unsuccessfully in the past to get the measure through Congress attached to budget bills full of other provisions lawmakers want to support.

The full Senate passed its own version of the deficit reduction bill on Thursday without the 9th Circuit split. If the breakup makes it through the House, congressional negotiators would have to work out whether to include it in the final bill the House and Senate would vote on.

Sen. Dianne Feinstein, D-Calif., said Thursday that if the circuit split measure comes to the Senate floor she'll block it with a technical objection against allowing non-budgetary provisions in budget bills.


TOPICS: Crime/Corruption; Government; Politics/Elections; US: Arizona; US: California; US: Hawaii; US: Idaho; US: Montana; US: Nevada; US: Oregon; US: Utah; US: Washington; US: Wyoming
KEYWORDS: 109th; 9thcircuit; democrats; gop; judiciary; move; split
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1 posted on 11/03/2005 6:10:40 PM PST by NormsRevenge
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To: NormsRevenge

Why can't they just abolish the 9th Circus outright?


2 posted on 11/03/2005 6:11:58 PM PST by Appalled but Not Surprised
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To: Appalled but Not Surprised
Why can't they just abolish the 9th Circus outright?

They don't have the votes.

I'd love to see a 12th Circuit created. I detest living under the jurisdiction of the 9th Circuit.

3 posted on 11/03/2005 6:22:25 PM PST by marktwain
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To: Appalled but Not Surprised

Still would need to pass that motion though Congress.
And they can't just make these judges *not* judges
anymore...They *can* take away their office funding,
remove them from trial rotation, and take away their
court rooms..so in effect, they would be JINOs. >Bo)

But this motion is basically just that. To dissolve
the 9th, and form 2 or 3 smaller circuit districts
out of what is the "present" 9th. And in so doing
put these judges out their court, by putting new
judges in the new Circuits.


4 posted on 11/03/2005 6:25:21 PM PST by NickatNite2003
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To: Appalled but Not Surprised

Republicans; Tell the idiots to STFU, and sit down, and do what needs to be done!


5 posted on 11/03/2005 6:29:19 PM PST by timydnuc (I'll die on my feet before I'll live on my knees.)
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To: Appalled but Not Surprised
I've got a better idea - give them authority for Jarvis Island. Since it's uninhabited, they can't do much harm, and I find it rather appropriate that the only commercially valuable resource the island ever had was guano.
6 posted on 11/03/2005 6:30:03 PM PST by Heatseeker ("I sort of like liberals now. They’re kind of cute when they’re shivering and afraid." - Ann Coulter)
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To: NormsRevenge

They should break it into 3 courts, put 3 sitting judges in each court and let Bush appoint the other 6 to each court. That would forever solve the problem.


7 posted on 11/03/2005 6:30:33 PM PST by KingKongCobra (The "Donner Party" can just go eat themselves)
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To: NormsRevenge

I owe a debt of gratitude to the 9th ct. of appeals because without them I would have never known until much later just how stupid judges can be. Sometimes I feel like displaying a sign that says" Help!. I am being held hostage by the Judicary",


8 posted on 11/03/2005 6:31:48 PM PST by crazyhorse691 (Diplomacy doesn't work when seagulls rain on your parade. A shotgun and umbrella does.)
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To: Appalled but Not Surprised
Why can't they just abolish the 9th Circus outright?

America would be better for it. I often wonder why the "checks and balances" system really missed the "checks" on our court system. These old Carter folks are still hanging around slithering from their holes and spewing their leftist venom on America.

9 posted on 11/03/2005 6:39:59 PM PST by CurlyBill (Liberals --- Aggressively spreading the "Culture of Weakness")
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To: NormsRevenge
GOP move to advance 9th Circuit split draws heat from Democrats

I can't imagine why; Democrats love more courtrooms.

What could they be protecting?

10 posted on 11/03/2005 6:53:03 PM PST by Carry_Okie (There are people in power who are truly evil.)
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To: Appalled but Not Surprised

I just heard from the David Gold Radio Talk Show here in Dallas that the 9th Circuit has ruled that parents have no rights over the sex education contents of their children in public schools. The same 9th Circuit of Michael Newdow remove God from the pledge fame. These tyrants in black robes need an eminent domain ruling to confiscate their 9th circus. Judicial bafoons all.


11 posted on 11/03/2005 6:56:29 PM PST by tflabo (Take authority that's ours)
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To: All
Go here to see a map of the Circuit Courts:

Link

12 posted on 11/03/2005 7:22:16 PM PST by BushMeister ("We are a nation that has a government - not the other way around." --Ronald Reagan)
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To: NormsRevenge

Actually, regardless of the politics, the case load alone justifies this action. The Dems know that, but are against it because the new judges would all be appointed by President Bush. Which, aside from the solid non-partisan reasons to split the 9th Circuit, is why the Repubs in Congress need to hold a hard line and make this happen now.


13 posted on 11/03/2005 7:28:28 PM PST by mark502inf
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To: marktwain
I'd love to see a 12th Circuit created. I detest living under the jurisdiction of the 9th Circuit.

That is a great idea. They can go ahead and keep the 9th district, but shrink it down to just cover CA.

14 posted on 11/03/2005 7:32:34 PM PST by EricT.
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To: EricT.

After the split, if Bush were smart, he'd also split the current assignment of the existing judges and move part of the liberals to the 12th and leave part with the ninth. Hopefully, he could then marginalize liberal influence with a majority of more conservative judges in each court.


15 posted on 11/03/2005 8:51:08 PM PST by marsh2
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To: EricT.
"They can go ahead and keep the 9th district, but shrink it down to just cover CA."

How 'bout shrinking it to cover San Francisco County ?

16 posted on 11/03/2005 9:20:12 PM PST by fieldmarshaldj (*Fightin' the system like a $2 hooker on crack*)
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To: fieldmarshaldj

Funny idea..but lets be realistic. If we
can reduce these socialist pervert
domestic enemies 'Juris Prudence',
down to just California & Oregon..it
would be a major victory for decency
and the american way, over the forces
of socialist perversion. A goal that
is not beyond our attainability.


17 posted on 11/04/2005 12:28:27 AM PST by NickatNite2003
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To: NormsRevenge

Let's cut it in half.


18 posted on 11/04/2005 12:42:46 AM PST by Salvation (†With God all things are possible.†)
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To: NormsRevenge

What happens to cases in progress?


19 posted on 11/04/2005 12:44:06 AM PST by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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Washington, Oregon, Idaho and Montana would make a good region for another Circuit Court.


20 posted on 11/04/2005 12:45:36 AM PST by Salvation (†With God all things are possible.†)
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