Breaking Up (Circuit Courts) Is Hard To Do

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President Trump once again speaks before he thinks.  He may not like the decisions of the Ninth Circuit, but breaking up the circuit would not accomplish any his goals.  It would only give two points of access for those who are opposed to his decision.  So he should think at the very least of these complications. First, he cannot just break up the circuit by himself.  He needs to get Congress to do this, which it won’t if he acting out of pique. Nor is there any easy way to do this because California is so big, and it is impractical to cut it in half.  A circuit with California, Hawaii and Alaska looks a bit lopsided.  He also needs to think through whether it makes sense for a whole variety of administrative reasons.

Indeed, the best thing that he could do is to appoint strong judges to the lower courts, but there are nominees. And if he does appoint strong people, he takes the risk that they too will rule against him.  I thought that there was a good deal of strength in the arguments against him in both the immigration case and the sanctuary cities case.

Published in General

There are 22 comments

  1. Z in MT
    Z in MT
    @ZinMT

    My thought has always been that a shake up of the district boundaries are in order.

    Put NV, AZ, ID, MT into the 10th district with UT, CO, NM, and WY.

    Put KS in the 8th and OK possibly in the 5th or 8th.

    This way the Rocky Mountain and Great Basin states are all in one district as they all have similar demographics and federal land issues.

    • #1
  2. Susan Quinn
    Susan Quinn
    @SusanQuinn

    I think the issue needs to be studied more carefully. I’m not convinced that breaking up the districts would be a waste of time.

    • #2
  3. The Cloaked Gaijin
    The Cloaked Gaijin
    @TheCloakedGaijin

    The article is written in a strange way that seems to indicate that California is not part of Mexico.

    Sanctuary and all that too don’t you know.

    California is so big, and it is impractical to cut it in half.

    Are you kidding?  It sounds like endless fun to me.

    Let Victor Davis Hanson draw the line for the next Treaty of Tordesillas…

    Perhaps all the coastal California counties should get stuck with the 9th.

    Better yet, pull names of California counties out of a hat.  Half get the 9th.  The other half get something new.

    All California counties that start with the letters “San” or “Sa” get stuck with the 9th…

    The few counties where the majority of the people DO speak English, don’t get stuck with the 9th.

    Let Los Angeles, San Francisco, Honolulu, Seattle, and Portland get stuck with the 9th.

    Move the new 9th to Barrow Point, Alaska; perhaps in the middle of Nevada; or that Hawaiian island that is used as a leper colony.

    • #3
  4. Larry3435
    Larry3435
    @Larry3435

    Richard Epstein: I thought that there was a good deal of strength in the arguments against him in both the immigration case and the sanctuary cities case.

    Please don’t write sentences like this where people can read them while eating.  Having a partially-chewed hamburger fly out your nose poses a serious threat of choking.

    • #4
  5. Douglas
    Douglas
    @Douglas

    Stuff like this is why I seriously question why I’m a member here. With friends like these…

    • #5

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