Will the 9th Circuit be Split?

The issue of splitting the United States Court of Appeals for the Ninth Circuit into two or more judicial circuits is not a new one.  However, as Law360 recently pointed out, "proponents of a split may be gaining more traction this congressional term, with both houses of Congress controlled by the GOP, which has long been more open to dividing the court."   In fact, Arizona Senators John McCain and Jeff Flake have introduced the Judicial Administration and Improvement Act of 2017, which would split the 9th Circuit by creating a new 12th Circuit, consisting of Alaska, Arizona, Idaho, Montana, Nevada, and Washington.  President Trump, who has publicly criticized the circuit, would almost certainly sign a split bill if it passed Congress.

Should the circuit be split?  That is a tough question.  Complaint's about the circuit's reversal rate, en banc process, workload, and operating speed have been around for many years.  The Law360 article carefully looks at each of these concerns, outlining the arguments on each side.  I was especially impressed by the graphics in the article showing workload per judge and reversal rate.

As the article points out, judges on the court are mixed when it comes to splitting the circuit.  Over the years, several judges have chimed in on the controversy, either through written or oral testimony before Congress or in the news media.  A House subcommittee hearing in March 2017 on the topic featured testimony from 5 current Ninth Circuit judges.

I recently heard the a Senate Subcommittee will be holding a field hearing in Phoenix, Arizona, on splitting the circuit.  Here is the information I received:  "The Senate Committee on the Judiciary, Subcommittee on Privacy, Technology and the Law has scheduled a field hearing entitled: 'Rebooting the Ninth Circuit: Why Technology Cannot Solve Its Problems' for August 24, 2017 at 10:00 a.m. PDT, at the Sandra Day O’Connor United States Courthouse, Ceremonial Courtroom, 401 West Washington Street, Phoenix, Arizona 85003."

Interested parties should contact the subcommittee to confirm the hearing date, time, and location.

UPDATE:  There is now an announcement about the hearing on the Senate Judiciary Committee website.  It lists the starting time as 1:00 pm, but I suspect that is the time it starts on the east coast.  I suggest you call ahead if you are interested in attending.