This is another example of right-wing conclusion-driven logic: "if you judges don't agree with our argument, then dammit, we'll create an appeals court that will!"
Scholars say not so fast
Chicago Daily Law Bulletin staff
University of Richmond Law School professor Carl Tobias called the notion that the 9th Circuit is liberal “dated.” Arthur Hellman, a federal courts scholar at University of Pittsburgh Law School, said the picture of where the court stands in relation to other circuits has become muddier.
“The reputation is certainly deserved based on the history of the last 40 years or so,” Hellman said Monday. “It’s been more liberal, by which we mean more sympathetic to habeas petitioners, civil rights plaintiffs, anti-trust cases, immigration cases. But it’s less of an outlier now than it was.”
That history has prompted repeated, unsuccessful efforts to split the 9th Circuit — most recently in proposals filed this year by Arizona’s congressional delegation. A bill introduced last week by Sens. John McCain and Jeff Flake would put Arizona in a new 12th Circuit with Alaska, Idaho, Montana, Nevada and Washington while leaving California, Hawaii and Oregon plus Guam and the Northern Mariana Islands in the 9th Circuit. A House version previously introduced by Reps. Andy Biggs and four other Arizona Republican representatives would leave Washington in the 9th Circuit.
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