9th U.S. Circuit Court of Appeals,
Judges and Judiciary
Sep. 18, 2018
Don’t split up the 9th Circuit
The 9th Circuit is functioning fine. Dividing it will cause a host of additional costs and new problems.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Some bad ideas won't go away and the proposal to split the 9th Circuit fits into that category. On Thursday, the House Judiciary Committee passed several bills that would substantially change the federal judiciary, including by dividing the 9th Circuit into several divisions. Most of these bills never have had a hearing or even serious consideration.
Some of the proposals -- like requiring that judicial opinions be made available t...
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