Senator Sasse will conduct a subcommittee hearing tomorrow at 2:30 pm entitled “Oversight of the Structure of the Federal Courts.”
I have no idea exactly what it is they are intending to discuss. Given O’Scannlain is the only Judge testifying, I suspect they might be discussing breaking up the 9th Circuit again.
And that probably as far as such a proposal will get in this Congress, discussion.
The last major structural changes in the Federal Judiciary was the creation of the United States Court of Appeals for the Federal Circuit in 1982, the conversion of the United States Customs Court to the United States Court of International Trade in 1980 and the splitting of the old Fifth Circuit into the modern 5th Circuit and 11th Circuit in 1981. There have been no structural changes made in the intervening 36 years. And the only needed structural change would be splitting the 9th Circuit, which leads me to believe that will be the topic of discussion tomorrow.
I support splitting the 9th Circuit, but it won’t happen in this Congress.
Testifying speakers below:
Professor Brian T. Fitzpatrick, Professor Of Law
Vanderbilt Law School, Nashville , TN
The Honorable Diarmuid O’Scannlain, Senior United States Circuit Judge
United States Court of Appeals for the Ninth Circuit, Portland , OR
Professor Lori A. Ringhand, J. Alton Hosch Professor Of Law
University of Georgia School of Law, Athens , GA
The above bill was filed by Senator Sullivan on July 24th, but the text just became available this evening.
It proposes to…(DRUM ROLL)…split the Ninth Circuit. It would create a new Ninth Circuit consisting of California, Hawaii, Northern Mariana Islands and Guam. It would create a new Twelfth Circuit that would consist of the remainder of the existing Ninth Circuit.
5 new Circuit Judgeships would be created, 4 to the new Ninth Circuit, all to be located in California, and 1 to the new Twelfth Circuit, to be located in Idaho. The new Ninth Circuit would have 20 Judgeships, the new Twelfth Circuit would have 14 Judgeships.
The kind of confirms my suspicions as to the topic of the subcommittee meeting to be held later today.
Additionally, it creates the following new District Judgeships (the bolded number is my own proposed number):
(1) 7 additional district judges for the central district of California; (12)
(2) 5 additional district judges for the eastern district of California; (7)
(3) 2 additional district judges for the northern district of California; (6)
(4) 3 additional district judges for the southern district of California; (4)
(5) 1 additional district judge for the district of Colorado; (2)
(6) 1 additional district judge for the district of Delaware; (3)
(7) 6 additional district judges for the middle district of Florida; (6)
(8) 1 additional district judge for the northern district of Florida; (1)
(9) 3 additional district judges for the southern district of Florida; (3)
(10) 1 additional district judge for the northern district of Georgia; (2)
(11) 1 additional district judge for the district of Idaho; (1)
(12) 1 additional district judge for the southern district of Indiana; (1)
(13) 1 additional district judge for the district of Minnesota; (2)
(14) 1 additional district judge for the district of Nevada; (2)
(15) 3 additional district judges for the district of New Jersey; (3)
(16) 2 additional district judges for the district of New Mexico; (1)
(17) 2 additional district judges for the eastern district of New York; (2)
(18) 1 additional district judge for the southern district of New York; (2)
(19) 1 additional district judge for the western district of New York; (1)
(20) 1 additional district judge for the district of Puerto Rico; (0)
(21) 2 additional district judges for the eastern district of Texas; (0)
(22) 2 additional district judges for the southern district of Texas; (2)
(23) 4 additional district judges for the western district of Texas. (5)
Additionally, I would create the following judgeships in other districts:
Arizona - 10 (I strongly believe the omission of Arizona from this bill is a drafting error that would be corrected by amendment in committee, should this bill make it as far as a mark-up session.)
Western District of Missouri - 1
Oregon - 1
Middle District of Tennessee - 1
Eastern District of Virginia - 1
Western District of Washington - 2
Western District of Wisconsin - 2
It would create a new Ninth Circuit consisting of California, Hawaii, Northern Mariana Islands and Guam. It would create a new Twelfth Circuit that would consist of the remainder of the existing Ninth Circuit.