Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Don't Split the Ninth Circuit! Needless change will hurt the way justice is administered
Wall Street Journal ^ | November 10, 2004 | ALEX KOZINSKI and SIDNEY R. THOMAS

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 ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events; Politics/Elections; US: Alaska; US: Arizona; US: California; US: Hawaii; US: Idaho; US: Nevada; US: Oregon; US: Washington
KEYWORDS: americanbar; byronwhite; federalbar; federaljudiciary; guam; judicialcircuit; mikesimpson; napolitano; ninthcircuit; schwarzenegger; simpsonamendment; thirteencircuit; twelthcircuit
Navigation: use the links below to view more comments.
first 1-2021-40 next last
Judges Kozinski and Thomas were appointed to the Ninth Circuit in 1985 (by President Reagan) and 1996 (by President Clinton), respectively. If their circuit is split, the former, a Californian, would remain in the Ninth, while the latter, from Montana, would move to the Twelfth.
1 posted on 11/10/2004 5:59:56 AM PST by OESY
[ Post Reply | Private Reply | View Replies]

To: OESY

figures every one of those govs oppose the split: npltno and locke are leftist dems, and the governator is a RINO.


2 posted on 11/10/2004 6:03:31 AM PST by Zrob (freedom without lies)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Senator Kunte Klinte

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.?


3 posted on 11/10/2004 6:05:32 AM PST by OESY
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

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?


4 posted on 11/10/2004 6:07:49 AM PST by IMRight ("Eye" See BS)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

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.


5 posted on 11/10/2004 6:08:24 AM PST by Brilliant
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

The American Bar Association are against it?

Thats all I need to know.


6 posted on 11/10/2004 6:08:36 AM PST by agere_contra (You are worthless ... Alec Baldwin ...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: agere_contra
split it , disband it ..... destroy it... anything to marginalize it
7 posted on 11/10/2004 6:11:51 AM PST by Gibtx (Pajamahadien call to arms.....)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Brilliant

I agree with Brilliant. The judges are the problem!


8 posted on 11/10/2004 6:14:37 AM PST by physcitech (God only knows)
[ Post Reply | Private Reply | To 5 | View Replies]

To: OESY

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!"


9 posted on 11/10/2004 6:14:58 AM PST by Grampa Dave (FNC/ABCNNBCBS & the MSM fishwraps are the Rathering Fraudcasters of America!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY
The argument that the Ninth Circuit should nonetheless be split relies almost entirely on its size

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.

10 posted on 11/10/2004 6:16:18 AM PST by KarlInOhio ("This is the best election night in history." -- DNC Chief Terry McAuliffe, 11/2/04)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY
Okay, I see their points.


Eliminate the Ninth Circuit altogether and make sure its judges never hold power over anyone again.

11 posted on 11/10/2004 6:19:43 AM PST by af_vet_1981
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

I like the idea... but if it were up to me I'd only give the 9th circuit control over san franciso :)

ROFL !


12 posted on 11/10/2004 6:23:12 AM PST by Nyboe
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

Let's free as many states as we can from the tyranny of the 9th circuit.


13 posted on 11/10/2004 6:24:29 AM PST by 1stFreedom
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Let's free as many states as we can from the tyranny of the 9th circuit.


14 posted on 11/10/2004 6:24:53 AM PST by 1stFreedom
[ Post Reply | Private Reply | To 13 | View Replies]

To: OESY
The ostensible argument for splitting the Ninth is the vast geographical region it covers. But we all know it's because that court is the most laughable institution of justice to ever don a robe. While Congress has no power over the appointment of the judges (except at confirmation time), it can "redistrict" the circuit to punish the utter arrogance of this cabal of left-wing agitators.

If it were me, I'd limit their jurisdiction to complaints about animal noise.

15 posted on 11/10/2004 6:26:38 AM PST by IronJack (R)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

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?


16 posted on 11/10/2004 6:31:44 AM PST by squarebarb
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

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.


17 posted on 11/10/2004 6:40:58 AM PST by Virginia Queen (Virginia Queen)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY
OK, let's calculate the costs of the decisions of the 9th circus and compare that with the costs mentioned in the article. The split would probably be a bargain at any price.
18 posted on 11/10/2004 6:43:12 AM PST by NonValueAdded (Now that you are engaged in the political process, stay engaged!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY
Split the Ninth Circuit!

Bush gets to appoint the entire panel.

19 posted on 11/10/2004 6:43:52 AM PST by Carry_Okie (There are people in power who are really stupid.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OESY

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.


20 posted on 11/10/2004 7:02:37 AM PST by hushpad
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-40 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson