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Friday, April 14, 2006 

Split the Ninth

As linked on How Appealing, Judge Diarmuid O'Scannlain of the Ninth Circuit Court of Appeals recently gave this speech about why the Ninth Circuit should be split. Judge O'Scannlain is something of a rebel on the Ninth for holding this view. Many of his fellow judges on both sides of the political spectrum, from Judge Stephen Reinhardt to Judge Alex Kozinski, have been against splitting the Ninth.

I have written about this issue in the past, looking at Judge Frank Easterbrook's views of the Ninth as well as Senator Murkowski's bill to split the circuit.
As you can see from the map, the Ninth Circuit is huge. Judge O'Scannlain points out that it covers nearly 40% of the land mass of the US. It also serves approximately 60 million Americans. It's staggeringly large. I think that it is just a matter of time before a split happens and a 12th Circuit is created. However, I don't think anything will happen until a majority of the judges on the appeals court join with Judge O'Scannlain's views.

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  • I'm Steve
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  • "There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." P.J. O'Rourke
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