The court that upheld the suspension of President Donald Trump’s travel ban from seven nations might just be putting nails in its own coffin if federal lawmakers have their way. Two different bills have been introduced in Congress to split a number of states out of the 9th Circuit Court’s jurisdiction and create a new 12th Circuit to preside over them.
The first bill was introduced in the Senate by Senators John McCain and Jeff Flake of Arizona. It would split Nevada, Washington, Idaho, Montana, Arizona and Alaska out leaving the 9th with Hawaii, California and Oregon as well as the Northern Mariana Islands and Guam.
“It represents 20 percent of the population — and 40 percent of the land mass is in that jurisdiction. It’s just too big,” Flake told Fox News on Wednesday. “We have a bedrock principle of swift justice and if you live in Arizona or anywhere in the 9th Circuit, you just don’t have it.”
Flake says it typically takes the court 15 months to hand down a decision.
The second bill, the House of Representatives counterpart, comes from Rep. Andy Biggs and four other Arizona Republicans. The House version would leave Washington State in the 9th Circuit, but split out the rest like the Senators desire. To put it mildly, lawmakers on Capitol Hill are seriously considering the move.
This effort is the latest in Washington’s attempts to reign in the 9th Circuit Court – an endeavor that dates back to 1941. The 9th was created in 1891, a completely different time in American history, and covers 40% of the land mass of the states. 126 years after its creation, the 9th rules over a far larger population than the other circuits. Lawmakers would like to see that changed to a more equitable distribution. This, of course, is on top of the reality that the 9th Circuit – or circus, as it’s widely known to be – is the most overturned court in the nation at the Supreme Court level. 18 of the 25 judges were appointed by Democrats, and they like to be activist rather than judicial.
“The problem is the judges in the 9th Circuit, particularly the liberal judges, don’t want to give up any of their jurisdiction,” Flake said.
That being the case, if such a law were to pass Congress and be signed by President Trump, would the lawyers on the left coast file suit in the 9th Circuit to put a stay on its demise. Stay tuned. This is going to get good.