Republicans have long complained that the 9th Circuit is not only liberal-leaning but far too big – covering a sprawling amount of territory.is it time once again to break out the carving knives?
GOP Sens. Jeff Flake and John McCain of Arizona introduced legislation earlier this year to carve six states out of the court circuit and create a brand new 12th Circuit.
If they succeed, only California, Oregon, Hawaii and two island districts would remain in the 9th.
Under Flake’s bill, the new circuit would cover Nevada, Washington, Idaho, Montana, Arizona and Alaska.
Congress created the court in 1891. At the time, the area was sparsely inhabited – only 4 percent of the U.S. population lived in the area compared to today’s 20 percent.
In 1998, Congress appointed a commission to re-examine the federal appeals courts’ structure. The commission ultimately recommended against splitting the 9th Circuit.
But carving up the large circuit isn’t out of the realm of possibility. In 1929, Congress split the 8th Circuit to accommodate a population boom and increased caseloads.
Thursday, April 27, 2017
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