GOP closer to breaking up left-leaning 9th Circuit appeals court
BY HOWARD MINTZ
San Jose Knight Ridder Newspapers
SAN JOSE, Calif. - Republican lawmakers have tried for decades to split the San Francisco-based 9th U.S. Circuit Court of Appeals, sometimes called the "nutty Ninth" by its detractors.
Each time, the nation's largest and most controversial had done something to tweak a conservative nerve, with rulings on fishing rights in Alaska, timber harvesting in the Northwest or death sentences in California. And, of course, there was the decision three years ago to find the Pledge of Allegiance in public schools unconstitutional because it contains the phrase "under God."
But after failing over and over to break up the court, congressional Republicans now appear closer than ever to achieving their goal - in the last two weeks, House committees have approved legislation to split the court in two, and a similar proposal in the Senate was heard by a key subcommittee.
"I think the 9th Circuit is in the fight of its life," said Arthur Hellman, a University of Pittsburgh law professor and a leading expert on the court.
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