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re: 9th Circuit is a rogue court
Posted on 6/26/17 at 10:12 am to Strannix
Posted on 6/26/17 at 10:12 am to Strannix
quote:
What can be done with a court that makes decisions that have nothing to do with rule of law or precedent?
Have their rulings overturned at the next level. Judges are appointed for life and cannot be fired, but they can be impeached by Congress. This has only happened like once in the history of the United States.
quote:
Can they be broken up?
Yes. Congress has the power to create circuit courts and define their jurisdiction. They can be created, disbanded, reshaped, split, etc.
John McCain introduced a bill earlier this year to split the 9th circuit in two, not because of it's insane rulings and high overturn percentage at SCOTUS, but because it has the largest population of any circuit and by far the largest backlog of cases.
By splitting the circuit into two, the judges would be assigned to each based on where they reside. The extra judges need to fill the remaining seats could be filled by appointment by the sitting president (i.e. Trump gets to stack the deck with conservative judges to either flip or at least narrow the gap in the 9th circuit and the new one that would be created).
Posted on 6/26/17 at 10:17 am to kingbob
Frankly I would try to split the Ninth into three.
California, Hawaii, Guam, and Northern Marianas as one, probably Washington and Oregon as the second, then the remaining states which are generally rural like Alaska, Montana, Arizona, Nevada, etc. as the last one.
California, Hawaii, Guam, and Northern Marianas as one, probably Washington and Oregon as the second, then the remaining states which are generally rural like Alaska, Montana, Arizona, Nevada, etc. as the last one.
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