Ironically as we all wait for the Ninth Circuit Court of Appeals ruling regarding Trump “Travel Ban” two Senators are looking to break up the court. Conservatives argue that 9th Circuit is too liberal, too big and take too long to make a decision.
Senator Jeff Flake and John McCain of Arizona initiated the bill last month before the travel ban was signed. Senator Flake said that the circuit court is too large:
“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake told Fox News on Wednesday. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”
Conservatives have slammed the court making fun of it calling it the “Nutty 9th”. The possible reason for the court’s rulings leaning left is it’ make up. Of the 25 judges on the panel 18 of them are liberal.
Another augment to break up the court is that it is overworked. The court covers Washington, Idaho, Montana, Nevada, California, Alaska, Hawaii, and Arizona. For the court to reach a decision it generally takes up to 15 months.
Congress has attempted to break up the court on two occasions once in 1941, and once in 1998. However, the last court broken up was in 1929 when Congress split up the 8th Circuit to accommodate a large increase in population. Democrat strategist Joe Lestingi stated that “We don’t complain about the courts being too conservative” and also reminded us that the 9th Circuit does have a record of their rulings being overturned unanimously by the Supreme Court.
The court does have a reputation of “whacky” rulings and has been even reprimanded by the Supreme Court for their rulings. One must ask are these rulings due to the volume of work that they have? Could splitting the court bring better rulings?
Source: FOX News