Posted on 11/10/2004 5:59:56 AM PST by OESY
In a surprise move... a closely divided House approved a floor amendment offered by Rep. Mike Simpson of Idaho that would split the Ninth Circuit into three smaller circuits. The new Ninth would consist of California and Hawaii, plus Guam and the Northern Mariana Islands. A new Twelfth Circuit would comprise Arizona, Nevada, Idaho and Montana, and a new Thirteenth Circuit would consist of Washington, Oregon and Alaska. All these states and territories make up the current Ninth Circuit....
Dividing the Ninth and setting up administrative structures for the two new circuits would be enormously disruptive and expensive -- initial cost estimates run to $130 million. Worse, the new circuits would keep throwing away an estimated $22 million every year, duplicating each other's core functions....
Splitting the circuit would hurt the public in other ways. People and businesses make decisions with an eye toward legal consequences, so they need a clearly established body of law....
Those most familiar with the workings of the Ninth Circuit -- its circuit judges -- have consistently voted to oppose a split, most recently by a three-to-one margin.... Gov. Schwarzenegger of California strongly opposes the split, as do Govs. Locke of Washington and Napolitano of Arizona. So do the American Bar Association and the Federal Bar Association, as well as the bars of many states.
The argument that the Ninth Circuit should nonetheless be split relies almost entirely on its size....
Admittedly, some judges would benefit from a split: They would have less territory to cover and, in the two new circuits, the number of cases per judge would be cut just about in half. But a split can only reallocate cases, not eliminate them....
Issues of size, cost and efficiency should be carefully considered using the normal processes of congressional deliberation....
(Excerpt) Read more at online.wsj.com ...
figures every one of those govs oppose the split: npltno and locke are leftist dems, and the governator is a RINO.
The authors of the article don't mention in their arguments the controversial (and unpopular) rulings of the Ninth Circuit that make it the most reversed federal circuit. Is it a surprise some states want to be free of its ultra-liberal precedents on the pledge, religion, etc.?
If the split means that people who currently are under the rule of the most liberal (and most overturned) court might now get a new circuit that Bush can fill.....
.... I don't see the problem?
I don't see what harm would result from splitting the Ninth Circuit, on the other hand, I don't see any good from it either. What we need to do is replace the liberal justices with conservative justices.
The American Bar Association are against it?
Thats all I need to know.
I agree with Brilliant. The judges are the problem!
A well kept secret of the WSJ is a fact that Al Hunt hires many of the so called reporters/its who write articles like this.
When I read an article like this, the first thought that goes to my mind is, "These are left wing lunatics hired and trained by Al Hunt!"
The primary reason is that the Ninth Circus is infested with the wackiest bunch of leftist tyrants in black robes to ever inhabit a court.
My plan was to limit the 9th's region to Berkley and appoint all new judges for the new circuit covering the rest of the 9th's region.
Eliminate the Ninth Circuit altogether and make sure its judges never hold power over anyone again.
I like the idea... but if it were up to me I'd only give the 9th circuit control over san franciso :)
ROFL !
Let's free as many states as we can from the tyranny of the 9th circuit.
Let's free as many states as we can from the tyranny of the 9th circuit.
If it were me, I'd limit their jurisdiction to complaints about animal noise.
I was looking for some numbers to see how closely divided the House was and didn't seem them. Yes, it needs to be split! How can the western states live under these maniacs? Wasn't the Ninth involved in the Klamath decisions?
Me thinks the two judges are trying to preserve what they perceive to be their turf. I worked with Judge Kozinski for a brief time when he was law clerk for Senior Justice Reed. Very conservative, but also very full of himself - even then. Some of these judges take a dim view of any actions that, even by appearance, diminishes their "stature". Practically speaking, the split would not hurt anything and most likely would improve the way justice is served in the affected states. Anyone who holds their breath hoping for the ABA to get on board should just go ahead and plan their own funerals cause it will never happen.
Bush gets to appoint the entire panel.
Dividing the Ninth and setting up administrative structures for the two new circuits would be enormously disruptive and expensive <<<
I believe NOT splitting the liberal, anti-american, anti-constitution, pro-criminal 9th circuit would be enormously disruptive and expensive.
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