Eastman says Yes, Split!

John Eastman's say, Split: Yes, goes the other way: "there are simply too many cases and too many judges in the 9th Circuit to effectively administer justice in an efficient and cohesive manner," "there is the loss of collegiality on the court," there is "lack of predictability in regard to the law of the circuit," "there is no conceivable way that any judge of that court can read, or even meaningfully scan and digest, anywhere near that number of opinions so as to be abreast of circuit law." In any circuit in which the judges are physically incapable of keeping up with the decisions of their colleagues, the law of the circuit becomes fragmented and contradictory, resulting in the loss of predictability," "and the overly large size of the 9th Circuit is producing a demonstrably higher summary reversal rate than exists in her sister circuits,"
"In a circuit with 29 active judgeships, for example, there are 3,654 possible three-judge panel combinations. Add in the 9th Circuit's 19 senior judges and there are a whopping 17,296 possible three-judge combinations!"