Statement on Proposed Ninth Circuit Split
March 27, 2006 at 11:30 AM
Thirty-three Ninth Circuit judges, including Alex Kozinski and Chief Judge Mary Schroeder, have recently endorsed this statement in opposition to the proposed Ninth Circuit split. Here is the statement’s concluding paragraph:
In sum, we believe the case for splitting the circuit has not been made. Yes, we are big and our territory is wide, but we have shown that we can function effectively and efficiently despite—indeed because of—our size. Large organizations, whether they be corporations or courts, profit from economies of scale. We have made size our friend rather than our enemy; other courts of appeals will have no choice but to follow suit, because in one generation, two at the most, they will be where we are today. Which is why the overwhelming number of judges of the Ninth Circuit, and the lawyers who practice before us—the people who know the most about the court’s operation—strongly oppose the split. The time has come to put this bad idea behind us and get on with the business of administering justice.
For an opposing view, you can read Judge O’Scannlain’s piece in support of the Ninth Circuit split here.