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George_S Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-25-04 02:06 AM
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For 9th Circuit, Breaking Up Is Hard to Do
For 9th Circuit, Breaking Up Is Hard to Do
New proposals in House and Senate aim once again to split the 9th U.S. Circuit Court of Appeals

Gary Young
The National Law Journal

It's been going on for so long, it's become something of a ritual. The 9th U.S. Circuit Court of Appeals issues a controversial decision, causing much gnashing of teeth and pulling of hair among members of Congress, who rush to declare that they've finally had it and are going to split up the circuit.

And then nothing happens.

The 108th Congress will probably be no exception. Although three circuit-splitting bills have been introduced, their sponsors concede that there is little likelihood of passage before year's end and the start of a new Congress.

But there are signs that Congress' interest in a division of the circuit is moving beyond mere rhetoric.

Past proposals that would have allocated judges and caseloads purely along state lines were often criticized for leaving whatever new entity gets California with a much greater reduction in its roster of judges than in its workload.
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