The Big Get Bigger: Another Seat for the Ninth
The judicial fiefdom of Chief Judge Alex Kozinski is about to expand. From today’s Recorder (via How Appealing):
An extra seat for the 9th U.S. Circuit Court of Appeals cleared Congress on Tuesday and is headed to President Bush’s desk.The U.S. Senate unanimously passed the Court Security Improvement Act on Monday night, and the House of Representatives approved it on a voice vote Tuesday. Buried in that bill is language that removes one seat from the D.C. Circuit and moves it to the 9th.
Makes sense to us. Any court that takes the summer off, as the D.C. Circuit essentially does, isn’t exactly overwhelmed. Meanwhile, the Ninth Circuit is by far the nation’s largest and busiest federal appeals court. It’s so huge that it has been the subject of repeated attempts at a split (so far unsuccessful, perhaps because of the Ninth Circuit Curse).
As Dan Levine’s article notes, “the seat won’t materialize until Jan. 21, 2009 — the day after President Bush leaves office.” We have no doubt that President Hillary Clinton will be able to fill it with a distinguished jurist.
Indeed, President Clinton may be able to reshape the Ninth Circuit, in the same that President Carter reshaped it — in a way that still endures today, as reflected in the court’s strong leftward tilt. Many of the liberal lions who are eligible for senior status but have declined to take it, such as Judges Harry Pregerson and Stephen Reinhardt, may finally be willing to do so, once they know that the court’s future is in President Clinton’s capable hands.
Congress OKs Extra Seat for 9th Circuit [The Recorder via How Appealing]
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You mean, President Obama, right?
No one is voting for that bitter old lady.
How tough would it be to break up the 9th COA? I mean, it's a monster compared to the 7th Circuit, and MT and ID should have some independence from CA fed. courts. 9th should just be CA, OR, WA, HA, and AK. Though the 'law' in the other states might be tough to figure out...
Too bad it's a seat moving from one court to the other and not an actual judge. Because that'd be neat, and it would get the lawprofs really excited.
I nominate Lat for the Ninth Circuit.
dumb question...but does this mean someone is booted from the dc circ and if so, who?
Yipee Kaa Ye...
Guys in my high school used to get nominated to the 9th circuit all the time, 'twas no big deal...
12:45, just speculating, but I would guess that there will be an extra seat for as long as the current DC Circuit judges serve. Once the next DC Cir. judge retires, that seat will not be filled.
Just a guess...
We're also going to keep blocking Dubya's nominees and claim all those unfilled seats on the Fourth Circuit for the Democrats. The days of Federalist Society dominance are numbered, Lat.
President Paul would select only the most originalist of originalists.
12:48 is right. Article 3 prevents Congress from removing or de-funding any sitting D.C. Circuit judges; it just means that the next one to take senior status won't be replaced.
12:45, the D.C. Circuit currently has at least one unfilled seat. Hasn't been filled for a long time.
The DC Circuit takes the summer off??? I have a solution to the judicial pay issues. Any Circuit that takes the summer off has to forfeit their pay during that period. We use that money to increase pay for the other Circuit judges. Damn I am brilliant.
President Hillary Clinton? You've sold out, Lat.
1:17 and others like him/her:
It's reverse psychology, people!
http://www.metroweekly.com/scene/index.php?k=953&fa=16
Why does Lat go to parties like this but refuse to come out in his blog? His quasi-out shtick is getting old.
Clinton doesn't stand a chance at even getting the Dem Nom
Actually, the D.C. Circuit currently has two open seats, although Keisler has been nominated for one of the them. The 12th slot hasn't been used in a long time.
1:25: I'm not a Hillary fan, but that statement is patently ridiculous. Last I looked, she was still the Dem frontrunner; I'd call that "a chance."
cf. irrational hatred
1:24 -
OMG, you mean Lat finally came out and admitted that he is a "journalist"? ;-)
Seriously, how has he "refused" to "come out in his blog"? By not posting a big self-revelatory statement about his sexual orientation? A statement which would be greeted with a chorus of "yawn," "dumbest post ever," "what no bonus info today???," and "why do you keep using 'we' and talking about 'our' sexual orientation." Or at least that is what the reaction would eventually be, after 3 or 4 people posted "first," several trolls had a tedious debate about ninjas and pirates, and someone claiming to be a frat stud commented that people in his high school did something-or-other all the time and it was no big deal.
1:58 -
good point, but i think the thing getting our collective goat is that Lat is gay AND conservative. that just boggles the collective mind.
WTF is up with the pro hillary slant? How do you really feel?
I'd tell everyone I was gay, if I was, but no one would care. Especially not federal judges or BigLaw.
What's the big deal? Lat is not exactly closted. He's out to his 800+ friends on Facebook.
2:07---reverse. psychology.
Yet another reason not to vote for Hillary...oh, and she's also a communist lesbian
She doesn't have a hope in hell. The idiot Democrats might make her their candidate, but she has got ZERO electability nationally. You'll see.
Reinhardt won't take senior status if Hillary is elected. He sees Clinton [I] as a wasted opportunity to nominate liberals who are as liberal as the Republican nominees are conservative. See http://howappealing.law.com/20q/2004_02_01_20q-appellateblog_archive.html#107569802077271073 (question 5).
Leftward tilt? You are so out of it, Lat. The place has changed since you clerked for DFO.
Hillary may be a bitter old hag, but her husband is a rock star. Bill by Proxy is more electable than you think.
Just what we need- yet another seat on the liberal activist circuit that is the 9th.
I agree with 02:42. Reinhardt will keep on until, sadly, he cannot work anymore.
Judge Trott's seat still has not be filled, and he took senior status almost three years ago. Should the seat go to Idaho or Californina?
"leftward tilt"
You mean Constitution ignoring, socialist tilt.