There's of course much speculation on what next week's action might be. Former Judge Andrew Napolitano had some advice for President Trump today: rescind the executive order and issue a new one!Pres. Trump on 9th Circuit Court ruling: "We will continue to go through the court process and ultimately I have no doubt that we'll win." pic.twitter.com/JASWUMGpRF— ABC News (@ABC) February 10, 2017
Trump should take that advice, and simultaneously encourage Congress to advance their bill to split up the Nutty 9th!
FoxNews: As judges on the 9th Circuit Court of Appeals weigh the legality of President Trump’s immigration executive order, a Republican push to split up the controversial court -- and shrink its clout -- is gaining steam on Capitol Hill.There's Congress's precedence...now DO IT! Perhaps we can get some better, originalist judges appointed to the new circuit as well.
Republican Sens. Jeff Flake and John McCain of Arizona introduced legislation last month to carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit.
They argue that the 9th is too big, too liberal and too slow resolving cases. If they succeed, only California, Oregon, Hawaii and two island districts would remain in the 9th's judicial fiefdom.
The court has a reputation as one of the most liberal in the country, in large part because of its makeup. Eighteen of the court’s 25 active judges have been appointed by Democrats. Former President George W. Bush appointed six justices, while former President Barack Obama appointed seven.
Congress created the court in 1891. At the time, the area was sparsely inhabited – only four percent of the U.S. population lived in the area compared to today’s 20 percent.
In 1998, Congress appointed a commission to reexamine the federal appeals courts’ structure. The commission ultimately recommended against splitting the 9th Circuit.
But carving up the large circuit isn’t out of the realm of possibility. In 1929, Congress split the 8th Circuit to accommodate a population boom and increased caseloads.
Related link: Republicans create bill to fracture the “nutty” 9th Circuit Court