Article: An update on the Ninth Circuit debate.(efforts to divide federal circuit court)

I. INTRODUCTION

Several years ago, I evaluated in The Journal (1) the final report and recommendations of the Commission on Structural Alternatives for the Federal Courts of Appeals. (2) I assessed in that article both the report itself and the centerpiece of the commissioners' suggestions--a divisional arrangement for the Ninth Circuit that could also be adopted by the remaining intermediate appellate courts as they increase in size. (3) At that time, legislation intended to implement the Commission's recommendations had only recently been introduced, (4) and I suggested that Congress reject the bill. (5)

Neither house has yet subscribed to the report's ...

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