February 10, 2017

The 9th Doubles Up On The Stupid


Perhaps the left wing 9th U.S. Circuit Court of Appeals based in San Francisco may be carved up. Lawmakers are considering a bill to spin off the massive 9th Circuit Court into two smaller, more manageable districts by creating a 12th U.S. Circuit Court.

Justice delayed is justice denied. The 9th has an average turnover time of 15 months for a decision.
WASHINGTON -- How big is the 9th U.S. Circuit Court of Appeals? The San-Francisco-based circuit is so big that it represents nine states, including Nevada, 20 percent of the U.S. population and 40 percent of the nation's land mass. It's so big that Congress has looked at bills to split the circuit since 1941, and it's so big that none of those measures have succeeded.
The 9th is the most reversed appellate court in the land. No other court has had so many of its decisions reversed by the US Supreme Court and no other court has had their decisions reversed where there was no minority opinion by the Supremes; where all nine Justices agreed that the 9th was full of crap.
Scholars have different views over which city should serve as a 12th Circuit headquarters. Some mention Seattle, others Phoenix.

Hellman recalls a late law professor who argued in favor of Las Vegas, with its central location and good airline service. More to the point, because the 9th Circuit has so many judges, which makes it harder to predict outcomes, the scholar joked, the circuit's headquarters should be in Las Vegas because it's such a gamble.

Story here.
The so-called justices of the 9th Circuit have  upheld the lower court's staay of Trump's immigration restrictions:
Three federal appeals judges unanimously upheld a decision that slammed the brakes on President Trump’s refugee and immigration ban — and he furiously fired back on Twitter that he would continue the fight in court.

The ruling by the 9th Circuit Court of Appeals in San Francisco means the temporary travel ban — which caused chaos and massive protests at airports across the US — cannot go into effect without further litigation.
Looks like the 9th will once again reinforce their reputation as the mos reversed Court in the land. Way to go.

Story here.


Doom said...

Not for Vegas. Maybe somewhere in Idaho. Vegas would be a step down from even California. Is this about another district, the 12th? I have heard of the notion of splitting the 9th off. If it stays whole, though, it doesn't matter where it goes. Cali would corrupt it.

LL said...

The problem is the cancerous judges, who would presumably be divided into another DCA. If you could simply eliminate the positions and select new judges for the 12th DCA, it would make sense. Otherwise, it's the same old GARBAGE.

sig94 said...

Doom - the 12t would be separate from CA which IMHO would remain seated in San Fran. However, if the 12th includes WA (Seattle) it might be just as bad. The best fit would be AZ, NM and NV.

sig94 said...

LL - I think it would be easier to create a new district than to get rid of the liberal judges. Another solution perhaps ... a Constitutional amendment that after a certain number of reversals the entire Circuit is fired and all new judges appointed.

LL said...

In our modern society, lawyers are like the priests of ancient Israel/Judah. Any move to delete their clout would be similar to the situation prior to the sack of Jerusalem, where a change was made. Sacrifices couldn't be made locally under the supervision of a local priest. They had to be moved to the Temple and overseen by the more influential priests.

Priests in the ancient world and even in the medieval world are nothing more than the lawyers that we have today.

And Shakespeare did say that the first thing that we needed to do was kill all of the lawyers.

LindaG said...

A 12th court should go somewhere more conservative.

The thing is, Trump is wasting his breath. He should just do it. None of the appeals courts have any say in the matter. It is the purview of the President alone to decide this particular action.

I do like your idea of a Constitutional amendment. I imagine the Supreme Court gets tired of telling the 9th what idiots they are.