GOP renews push to split 9th Circuit in half
By Erica Werner
ASSOCIATED PRESS
October 27, 2005
WASHINGTON – Republicans in Congress are renewing their push to break up the San Francisco-based 9th U.S. Circuit Court of Appeals, arguing that the nation's largest federal appeals court, the frequent source of rulings that infuriate conservatives, has become too big to be effective... The 9th Circuit covers California and eight other states and has 28 judgeships. The circuit with the next-largest number of judges is the New Orleans-based 5th Circuit, with 17.
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Murkowski(R-Alaska) and Rep. John Ensign, R-Nev., have sponsored legislation to split the 9th Circuit in two. The resulting 9th Circuit would cover California, Hawaii and the Pacific Islands, and a new 12th Circuit would cover Alaska, Washington, Oregon, Idaho, Montana, Nevada and Arizona.
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The 9th Circuit has issued a series of rulings that angered Republicans, including the 2002 opinion that declared the Pledge of Allegiance unconstitutional when recited in public schools, and the 2003 ruling that the federal law outlawing marijuana does not apply to patients whose doctors have recommended the drug.
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The House Judiciary Committee will vote today on a bill by Rep. James Sensenbrenner, R-Wis., that would cut the circuit in two in the same way as the Senate legislation. Feinstein contended the proposals would put California at a disadvantage by leaving the populous state with disproportionately few judges.
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