Friday, August 4, 2017

Chem says, "If it aint' broke..."

Law360 runs A Bad Cure For A Nonexistent Problem by Dean Chemerinsky about splitting the 9th Circuit. He says: "whether to split the Ninth Circuit, should be based on what is best for judicial administration and not partisan politics. From this perspective, splitting the Ninth Circuit would entail significant costs, but without any identifiable benefits."

Image result for if it ain't broke don't fix it
The statistics about Ninth Circuit reversal rates also are misleading. Last term, the Ninth Circuit was reversed in 88 percent of the cases, which seems significant, until one realizes that lower courts were reversed 79 percent of the time in all of the Supreme Court decisions of the term. And it is not clear how splitting the Ninth Circuit will solve this; at best, it might create one circuit that is reversed even more and one that is reversed a bit less.
Nor would splitting the Ninth Circuit decrease the time it takes to decide a case. Disposition rates for cases are not significantly different in the Ninth Circuit compared to other circuits. It is unlikely that splitting the Ninth Circuit would speed up justice; the inefficiencies of splitting the circuit likely would make delays even worse. Delays in case processing are primarily due to vacancies on the Ninth Circuit, not to its size.

In Frisbee Boss, the DJ reports that H&L's Eric Boorstin "purchased a co-ownership stake this year in the Los Angeles Aviators, a professional ultimate Frisbee tam that recently earned a 2017 playoff berth." Huh? This sounds like a column by Beds!