White House Backs Dividing Appeals Court

[Judi Lynn]

White House Backs Dividing Appeals Court
By ERICA WERNER, Associated Press Writer

Tuesday, November 15, 2005
(11-15) 17:28 PST WASHINGTON (AP) --

The Justice Department is backing efforts by congressional Republicans to split up the 9th U.S. Circuit Court of Appeals, the nation's largest federal appeals court and the frequent source of anti-Bush administration rulings.

"The department believes that dividing the 9th Circuit would improve the administration of justice," Assistant Attorney General William E. Moschella wrote in a letter released Tuesday by Sen. John Ensign, R-Nev., an advocate of breaking up the San Francisco-based circuit.

"The sheer size of the 9th Circuit has led to serious administrative difficulties that have adversely affected its ability to render justice efficiently," Moschella wrote.

The letter was addressed to House Judiciary Committee Chairman James Sensenbrenner, R-Wis., who is pushing legislation to break up the circuit that covers nine Western states, arguing it's too big to be effective.
(snip/...)

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/11/15/national/w172816S54.DTL

[serryjw]

1. They have wanted to do this for years

the will never have a majority in the 9th circit but if they break it up they will get TWO! Watching to see how they break it up will be fun. It will deliberate judicial gerrymandering.

[AlCzervik]

2. omg it really is Orwell.

[Democat]

3. Democrats better fight this hard

Democrats had better fight on this issue. Republican want to do more than just break up the 9th, they want to pack all of the courts with extremist judges. This is one of the most important issues for America's future.

[Moderator]

4. kick

[Lori Price CLG]

5. Justice Department endorses dividing 9th U.S. Circuit Court of Appeals

Justice Department endorses dividing 9th U.S. Circuit Court of Appeals 16 Nov 2005 The (in)Justice Department is backing efforts by congressional Republicans to split up the 9th U.S. Circuit Court of Appeals, the nation's largest federal appeals court and the frequent source of anti-Bush administration rulings.

"The department believes that dividing the 9th Circuit would improve the administration of justice," Assistant Attorney General William Moschella wrote in a letter released Tuesday by Sen. John Ensign, R-Nev., an advocate of breaking up the San Francisco-based circuit.

<snip>

Lori Price

[texpatriot2004]

6. The INjustice Dept is a BushCo tool.

16 Nov 2005 The (in)Justice Department is backing efforts by congressional Republicans to split up the 9th U.S. Circuit Court of Appeals, the nation's largest federal appeals court and the frequent source of anti-Bush administration rulings.

[BOSSHOG]

7. "Improve the Administration of Justice"

Music to the ears of those who have no use for the constitution.

[anotherdrew]

8. they MUST NOT get away with this

I hope to fucking god the dems are ready to filibuster this

[liberal N proud]

9. IS THERE ANYTHING ELSE these morons want to screw with?

By the time we run these criminals out of town, they will have totally destroyed every shred of what we once called justice and democracy.

[Bacchus39]

13. the size of the 9th Circuit is necessary for the continuation of justice

and democracy? I think this is a little overblown.

[shanti]

10. of course it would

why would anyone think otherwise? :shrug:

[ugarte]

11. Imagine an all-Bush appointed Court of Appeals

Mind-boggling, a Christian Taliban in every seat. Surely Demos will fight this, or will they??

[StopThief]

12. My assumption is that this would not necessarily. . .

have to open up new seats. Am I wrong?

[Bacchus39]

14. I believe you are correct

Congress I believe sets the number of judgeships. the split could result in the same number of judgeships, more, or less

[BJW]

31. Yes--there'd be separate appeallate seats established, for one

[StopThief]

32. If that's so. . .

what is the purpose of saying the current Circuit is too large and unwieldy?

[Judi Lynn]

15. Kick!

[davidinalameda]

16. Congress looks at dividing 9th Circuit court

they're at it again

http://www.cnn.com/2005/POLITICS/11/16/bush.9thcircuit.ap/index.html

The Justice Department is backing efforts by congressional Republicans to split up the 9th U.S. Circuit Court of Appeals, the nation's largest federal appeals court and the frequent source of anti-Bush administration rulings.

"The department believes that dividing the 9th Circuit would improve the administration of justice," Assistant Attorney General William E. Moschella wrote in a letter released Tuesday by Sen. John Ensign, R-Nevada, an advocate of breaking up the San Francisco-based circuit.

"The sheer size of the 9th Circuit has led to serious administrative difficulties that have adversely affected its ability to render justice efficiently," Moschella wrote.

[flamingyouth]

17. Scary but not surprising.

:grr:

[Fenris]

18. Wasn't this recently shot down?

Man, they never quit.

[caligirl]

19. getting Brown off the court was sure nice. good things never last.

[Zinfandel]

20. Can you believe this bullshit?

No matter how far Bush sinks...the neocons continue onward with their agenda, business as usual, just keep plowing away to insert their fascist ideology, philosophy to control the all courts in our country with right-wing extremism...The only place left for fair hearing is the Ninth Circuit Court of Appeals in San Francisco!!!!

[MrMonk]

21. Read the linked article.

It makes sense to split the largest circuit into two smaller circuits for administrative purposes. You could still wind up with two of the largest circuits in the country.

The proposed split seems weird, since it separates Nevada and Arizona from California. This arrangement would create a new circuit covering two non-contiguous regions.

Correction: Nevada is contiguous with Idaho. However, both Nevada and Arizona districts face issues that are much closer to those faced by California than to issues faced in the northern tier of the 9th.

[sui generis]

23. kind of like redistricting in Texas

one mile wide, three hundred miles long and a figure forty-three triple toe loop in dallas.

Makes perfect sense to them of course.

[KamaAina]

24. Well, the area is just barely contiguous, except Alaska, but...

where would the 12th Fascist Court of Appeals be seated? Seattle? Kind of far from NV and AZ.

And make no mistake, it would be the 12th Fascist Court of Appeals. On the surface, of course it makes sense to have two manageably sized circuits instead of one huge one -- but the repukes are using that as an excuse to rip six states away from sane, reasonable liberal jurisprudence and place them under something similar to the Scalia/Roberts wing of the Extreme Court. :scared:

Edit: No "sacred" icon :-), plus, if the repukes were so all-fired concerned about the administrative issues, they'd simply transfer a number of judgeships from the 9th to the new 12th Circuit, rather than stacking it with Federalist Society/Opus Dei sock puppets.

[never cry wolf]

25. But, they would add judges

I remember when this idea first surfaced a month or two ago the article said that they would have to add i believe it said "dozens" of judges. And, guess who will get to appoint said judges?

It's a power grab to move the judiciary even farther to the right. If they say they want to do it for convenience I say fine, wait til 2009 then.

[davidinalameda]

26. they're trying to split the more liberal Oregon and Washington

away from the more liberal California and Hawaii and lump them together with the more conservative Rocky Mountain states

and it will allow more openings for the Bushies to try and fill with their minions

[sui generis]

22. the sheer size? well let's split up scotus too then

If this comes to pass it's time for Kalifornia to secede and start charging a poll tax on any remaining republicans.

These people are nuts - they spend their whole day every day trying to figure out a way to turn this country into Taliban Lite and take it back to a simpler less confusing Ozzie and Harriet fantasy world that never existed to begin with.

They are just certain that Americans are going to just meekly put up with being told what they can and can't do with their bodies and lives merely because it's "the law". All "the law" does when it is unjust is inconvenience the people it is meant to control. All this effort to twist other people's lives into some bizarre notion of propriety in your own life, and all that will result is that you inconvenience people.

Putting the american taliban into the judiciary all the way from appeals to supreme court just means that the judiciary will become meaningless, if they succeed at this transparent ruse.

And when America is half and half Christian and Muslim and hard line muslim mullahs rule the bench from appeals to the supreme court and "One Nation Under Allah" is on our currency because they believe that god belongs in government and the constitution is changed to read a marriage is between one man and as many women as his father chooses, then they'll really be in a pickle, because that is where all this horseshit is heading.

And we'll be off in Canada laughing at their stupid asses commuting on horseback to work from their candle-lit homes because they never bothered to even start looking for renewable energy . . . I'll help build the wall to keep out the "illegal immigrants" if they're republican.

:rant:

okay, glad that's over. sorry, don't know what came over me.

[Supersedeas]

27. don't worry...whatever that was...i'll be looking forward to another

[BJW]

30. B'SHIT B'SHIT B'SHIT!!!!

The Ninth is big, but it is well-known as the most efficient circuit court in the entire country.

The repugs have been slashing funding for the Ninth and then claiming that it's not as functional as it could be, when the truth is that it's the unnecessary funding slash that's been creating some problems for the Ninth.

Breaking up the Ninth is completely unnecessary. It will create more bureacracy, more costs and more inefficiency. It's just a repug ploy to create a whole new judiciary with lots of appointment potentials for repug supporters.

M'f'ing a-holes just won't stop!!

[SoCalDem]

28. What a surprise

NOT..

The golden fleece for the republican party is really court control, through lifetime appointments.. They can control the public better if only THEY are in charge of what's legal and what's not, and who gets punished and who does not.

Every law made by congress can be (and often is) challenged in court. Having their own cronies in those spots can allow them to continue to rake in the loot, while punishing anyone who dares to try it themselves or who dares to question them.

[madmark]

29. The size of the 9th circuit is a canard; if the 9th circuit rendered

decisions that the right liked, the issue would never have been brought up.

[No Exit]

33. Well, SURPRISE, SURPRISE, SURPRISE!