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A project tracking federal judicial nominations and courts.
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Efforts to Split the Ninth Circuit Court of AppealsHistory and current status of anti-environmental efforts to split the Ninth Circuit Court of Appeals Read our August 3, 2006 and September 18, 2006 letters of opposition Anti-environmental efforts to split the Ninth Circuit U.S. Court of Appeals appeared throughout 2006, following the defeat in late 2005 of an attempt to split the Ninth Circuit through a rider on the budget reconciliation bill. This attempt was defeated when Senate conferees opposed the House proposal. House conferees stripped the rider from the budget bill before passing the legislation in the early morning hours on December 19, 2005. Pete Wilson, as a Republican U.S. Senator from California (he later served two-terms as Governor) condemned previous efforts to split the U.S. Ninth Circuit Court of Appeals (which includes nine Western states) as "environmental gerrymandering" (link to article here) by those who had been angered by rulings upholding and enforcing environmental laws. When congressional efforts to repeal or change environmental laws have failed, anti-environmental special interests have renewed these efforts to "judge-shop" by dividing the court in order to change the identity of the judges who interpret the law in particular states. In 2004, the House of Representatives passed a measure that would have split the Ninth Circuit into three circuits: a Ninth Circuit overseeing only California, Hawaii, the Northern Mariana Islands, and Guam; a new 12th Circuit serving Arizona, Nevada, Idaho, and Montana; and a new 13th Circuit serving Alaska, Oregon, and Washington. Senator Dianne Feinstein (D-CA) said that she would block the bill with a hold, and it did not pass the Senate.
House and Senate bills to split the Ninth Circuit into two Circuits (separating California and Hawaii from the other states) were introduced in 2005. The Senate Judiciary Subcommittee on Administrative Oversight and the Courts held an October 26, 2005 hearing entitled: "Revisiting Proposals to Split the Ninth Circuit: An Inevitable Solution to a Growing Problem."
The next day, without holding a hearing, the House Judiciary Committee approved on a party line vote a new House bill that had been introduced the previous Friday (H.R. 4093, "Federal Judgeship and Administrative Efficiency Act of 2005"). On November 3, 2005, the House Budget Committee, on another party-line vote approved a budget reduction bill that included the provisions of H.R. 4093, even though they would increase costs. In a Nov. 9, 2005 letter, Senate Judiciary Committee Chairman Arlen Specter (R-PA) and Ranking Member Patrick Leahy (D-VT) opposed inclusion of the Ninth Circuit split in any reconciliation package. Seven Ninth Circuit judges who have served or will serve as Chief Judge in the foreseeable future have also opposed any immediate action on dividing the Ninth Circuit (Sept. 2005). These efforts continue despite bi-partisan opposition ranging from Gov. Arnold Schwarzenegger (R-CA) to national and state bar associations, to the overwhelming majority of Ninth Circuit judges, including three who were nominated by President Bush, the current Chief Judge, and Senior Judge Clifford Wallace, a former Chief Judge who was nominated by a Republican President. "You'd have to believe in the tooth fairy to say this has nothing to do with politics," said Judge Alex Kozinski, a conservative who was appointed by President Ronald Reagan. "You would be breaking up what is essentially a very good, well-working machine for" something smaller and less efficient, he said, testifying against the split in Senate hearings. Summary of opposition to splitting the Ninth Circuit Court of Appeals (pdf) Editorials and Commentary in the press opposing efforts to split the Ninth Circuit Thirty-three Ninth Circuit appeals court judges oppose splitting the Circuit (March 2006) Letter from nine Western senators opposing Ninth Circuit split language in House budget reconciliation bill (12/8/05) - pdf Statement by Pete Wilson, former Republican Senator and Governor from California, opposing splitting the Ninth Circuit (pdf) Senator Dianne Feinstein (D-CA) op-ed in the Los Angeles Times opposing splitting the Ninth Circuit (November 12, 2005) Senator Patty Murray [D-WA] Floor Statement Opposing Splitting the Ninth Circuit (November 4, 2005) House Democratic Leader Nancy Pelosi (D-CA) Statement on the Majority's Attempt to Split U.S. Ninth Circuit Court of Appeals (November 3, 2005) Ninth Circuit Judges Bea, Rawlinson, Clifton and Callahan letter to Senator Sessions, opposing efforts to split the Ninth Circuit Court of Appeals (October 21, 2005) Letter from Earthjustice and more than 90 civil rights, women's rights, disability rights, labor, health, religious, conservation and other national, state and local groups opposing H.R. 4093 and other proposals to split the Ninth Circuit (11/7/05) Letters from Earthjustice and more than 75 civil rights, women's rights, disability rights, labor, health, religious, conservation and other national, state and local groups opposing the bills in the House and Senate seeking to split the Ninth Circuit (10/24/05) Fact Sheet: Arguments in favor of retaining the present structure of the Ninth Circuit The Senate Committee on the Judiciary Subcommittee on Administrative Oversight and the Courts hearing "Revisiting Proposals to Split the Ninth Circuit: An Inevitable Solution to a Growing Problem," October 26, 2005: Senator Patrick Leahy (D-VT), Ranking Member, Senate Judiciary Committee, On "Revisiting Proposals to Split the Ninth Circuit" (link to testimony) Statement of Senator Dianne Feinstein (D-CA), Opposing Proposals to Split the 9th Circuit Court of Appeals (link to testimony) Senate Judiciary Committee hearing entitled: "Improving the Administration of Justice: A Proposal To Split the Ninth Circuit," April 7, 2004 (transcript available at this link) Home | Search | Privacy |
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