Ninth Circuit Court of Appeals is consuming America nine states at a bite. @MaryKissel.

Feb 10, 2017, 04:19 AM

02-09-2017 (Photo: Entrance to United States Court of Appeals, Ninth Circuit . Headquartered in San Francisco,) Twitter: @BatchelorShow

Ninth Circuit Court of Appeals is consuming America nine states at a bite. @MaryKissel.

“…The last time Washington created a new federal circuit — the 11th — was 1981. There were proposals to split the 5th and 9th Circuits, but the 9th remained the same while the 5th Circuit — Texas, Louisiana, Mississippi, Alabama, Georgia and Florida — was split. “It was easy to do. You had six states. You could divide them three-three,” Pittsburgh School of Law Professor Arthur Hellman observed. Also, Hellman noted, “There was a consensus among the legal community that the split should happen.”

Not so the 9th. Some circuit judges have resisted attempts to reduce its size, which also would reduce their national impact. ‘NUTTY 9TH’ HAS 29 JUDGES There’s a price to be paid for that clout, said Walter Olson, Cato Institute senior fellow and founder of the “Overlawyered” blog. The 9th Circuit is the only circuit to hold “en banc” — or full bench — hearings with 11 of its 29 judges. Olson has taken to calling the 9th Circuit “the court that’s not all there.” “It’s so big the three-judge panels cannot keep track of what they’re all doing. You’ve got a panel over here that says one thing and a panel over there that says the opposite thing,” Vanderbilt Law School professor Brian Fitzpatrick said. Flake has argued that the district’s size contributes to a court case gridlock….”

A federal appeals court on Thursday unanimously ruled against President Donald Trump ’s executive order on immigration and refugees, saying such a travel ban shouldn’t go into effect while courts consider whether it goes too far in limiting travelers to the U.S. The ruling is the biggest legal setback so far for Mr. Trump as president. He predicted after the decision that he would ultimately win on further appeal