Monday, August 28, 2017

More on splitting the 9th Circuit

Today's DJ reports that the 9th Circuit Split Plan Gains New Momentum: "The ongoing battle to break up the 9th U.S. Circuit Court of Appeals is gaining new steam as Republican Arizona Senator Jeff Flake continues efforts to push forward his bill that would break up the West Coast’s federal appeals court."

  • Chief Judge Sidney R. Thomas and Mary M. Schroeder, who served as chief judge from 2000 to 2007, testified in opposition to splitting the court.
  • Thirty-three other judges who sit on the 9th Circuit, both active and senior, signed the letter sent by Thomas [against the split], including Republican appointees like Jay S. Bybee, Carlos T. Bea, and Consuelo M. Callahan. There are 43 judges on the 9th Circuit. All five living former chief judges signed the letter.
  • Conservative judges Diarmuid O’Scannlain of Washington state and Richard C. Tallman of Montana testified in support of the split.
  • Brian T. Fitzpatrick, a professor at Vanderbilt Law School who testified before a House committee in March supporting the circuit split, said Republican control of Congress and the presidency make passage of Flake’s bill more likely.
In other 9th Circuit news, Prof. Martin highlights this case here in a post hereDon't reveal settlement offers made during mediation, and especially don't reveal settlement offers made during official Ninth Circuit mediations.