For a long time there has been an ongoing debate in Congress regarding busting up the size of the Ninth Circuit Court of Appeals. That debate has finally materialized with the passage in Congress of splitting up the Ninth Circuit into three parts, followed by passage of this Bill in the Senate.
The Ninth Circuit Court of Appeals has controlled the entire western United States covering eleven states. In comparison to the other remaining Circuit Courts of Appeals throughout the United States, it was comparable to placing a single tractor wheel on the rear of a Volkswagen.
The Ninth Circuit was indisputably known, and generally accepted, as the most liberal of all Circuits in the United States, with the record of the most reversed decisions by far than any of the other federal Circuits. In a number of cases the Ninth Circuit ruled directly contrary to the other Circuit Courts of Appeals, causing the U.S. Supreme Court to have to settle such disputes between the Circuits.
In an appeal of one of this editor's appeals to the U.S. Supreme Court from the Ninth Circuit, the Ninth Circuit actually ruled according to one of its prior reversed decisions by Order of the United States Supreme Court who reversed the Ninth Circuit in favor of the Fifth Circuit Court of Appeals, and reprimanded the Ninth Circuit, saying that the Ninth Circuit Court of Appeals decision was "untenable." (to wit, unthinkable according to law.) This decision was actually an act of contempt for the direct decision of the Supreme Court against them.
While splitting up the Ninth Circuit Court of Appeals is a good move, it will do little to call to account these judges, who are accustomed to making up new "laws" and getting their own way.
Only through passage of the Federal J.A.I.L. Bill, will the Federal Circuit Courts of Appeals throughout this nation be brought into line.
The Federal J.A.I.L. Bill can be read by clicking - Federal J.A.I.L.
-Ron Branson
Schiff Speaks Out Against 9th Circuit Split
House Passes Amendment to Divide Western U.S. Court of Appeals into Three
WASHINGTON, DC – (October 5, 2004) Congressman Adam Schiff (D-CA) today argued forcefully on the Floor of the House of Representatives against a move to divide the 9th Circuit Court of Appeals into three circuits.Under an amendment by Congressman Mike Simpson (R-ID) to the Bankruptcy Judgeship Act of 2003 (S. 878), Arizona, Idaho, Montana and Nevada would form a new 12th Circuit, and Alaska, Oregon and Washington would form a new 13th Circuit – leaving California, Guam, Hawaii and the Northern Marianas Islands in the 9th Circuit.
“First we had court stripping, and now we have court splitting,” Congressman Schiff said.“The weakening of the independence of the Judiciary goes on, and we are going from bad to worse.”
A Founder and Co-Chair of the bipartisan Congressional Caucus of the Judicial Branch, Congressman Schiff noted that such a change to the Circuit’s composition is opposed by the U.S. Justice Department, American Bar Association (ABA), Governor Arnold Schwarzenegger (R-CA) and a large majority of the 9th Circuit’s judges.Schiff also pointed out that there has been no effort to divide other circuits with similar caseloads, and that circuit division would likely diminish the ability of judges to deal with fluctuating caseloads.
Congressman Schiff also noted the findings of the Congressionally created Commission on Structural Alternatives – also known as the White Commission – which concluded that “Having a single court interpret and apply federal law in the western United States… is a strength of the Circuit that should be maintained.”The Commission also stated, “There is one principle that we regard as undebatable: It is wrong to realign circuits (or not to realign them) and to restructure circuits (or to leave them alone) because of particular judicial decisions or particular judges.This rule must be faithfully honored…”
Congressman Simpson’s amendment passed the House of Representatives by a vote of 205 to 194, and S. 878 passed by a voice vote.
Congressman Schiff is a member of the House Judiciary and International Relations committees.He represents California’s 29th Congressional District, including the communities of Alhambra, Altadena, Burbank, East Pasadena, East San Gabriel, Glendale, Monterey Park, Pasadena, San Gabriel, South Pasadena and Temple City.
Pasadena Braley Building 35 S. Raymond Ave. #205 Pasadena, California 91105 Phone: (626) 304-2727 Facsimile: (626) 304-0572
In Washington D.C. Contact Gene Wilk: (202) 225-4176 Facsimile: (202) 225-5828
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