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Practice of Law

Breaking Up the Ninth Circuit Is Not Ruled Out

The Ninth Circuit Court of Appeals is by far the largest circuit and has been the subject of split proposals many times. Back in 2006, the Wall Street Journal discussed “the long-running debate over whether the federal government should split up the Ninth Circuit”  with Judge Alex Kozinski. Kozinski was against the idea and referred to an article (.pdf) he had written on the subject.

The debate is back in the news with Attorney General Eric Holder declining to rule out a breakup of the circuit and offering that the idea is worth some study. Holder is quoted as saying that

The 9th Circuit I think does present unique problems both in its geographic size and with regard to the workload that it has…[and] I think we want to look at that, look at those two issues, and make a determination about whether there is the need for some reconstruction, some reconfiguring.

What do you think about breaking up the Ninth Circuit? Would a breakup affect your practice?

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