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SailAway
This could be good news for us. The environmental industry has used the liberal mostly uninformed 9th Circuit in which to file their lawsuits. The one that closed 49,000+ of Glamis was filed there, and the judge was completely clueless (although he's getting better now). A breakup would be a good thing for future courtroom battles.

http://www.worldnetdaily.com/news/article....RTICLE_ID=31462

LAW OF THE LAND
9th Circuit Court to be divided?
Legislation would break up judicial panel known for liberal decisions
Posted: March 11, 2003
1:00 a.m. Eastern


© 2003 WorldNetDaily.com

Legislation has been introduced in Congress to break up the 9th U.S. Circuit Court of Appeals – known as the federal panel with the most left-leaning decisions and which often is overturned by the Supreme Court.

Sen. Lisa Murkowski, R-Alaska, introduced S. 562 last week. The bill would divide the 28-judge court into two, keeping California and Nevada in the 9th Circuit and creating a 12th Circuit made up of Alaska, Arizona, Hawaii, Idaho, Montana, Oregon and Washington, as well as Guam and the Northern Mariana Islands.

A companion bill in the House was introduced Feb. 27 by Rep. Michael Simpson, R-Idaho. According to a report in the Metropolitan News-Enterprise, Simpson's bill differs from Murkowski's by putting Arizona in the Denver-based 10th Circuit.

The 9th Circuit Court's most recent controversial decision came Feb. 28 when the court rejected the Bush administration's request to reconsider its previous ruling that the Pledge of Allegiance – due to the phrase "under God" – is unconstitutional in public schools.

Ninth Circuit Chief Judge Mary M. Schroeder said in a speech last year that the circuit was doing well because "[t]here are no moves to divide it, knock on wood," reports the Metropolitan News-Enterprise.

In condemning the Pledge decision on the Senate floor last week, Murkowski said, "The recent history of the 9th Circuit suggests a judicial activism that is close to the fringe of legal reasoning."

She noted that during the 1990s, the Supreme Court overturned almost 90 percent of the 9th Circuit cases it reviewed: "In 1997, 27 of the 28 cases brought to the Supreme Court were reversed – two-thirds by a unanimous vote."

Defenders of the Ninth Circuit say it has a reversal rate that is comparable to other circuits. Ninth Circuit Judge Sidney Thomas, from Montana, told a congressional panel last year that in the 1996-97 court term – the one the critics usually cite – five of the other circuits had all of their decisions reversed, reports the Metropolitan News-Enterprise.

Republican lawmakers from the states proposed to be split off have been trying to divide the circuit for years. Murkowski's father, now-Gov. Frank Murkowski, introduced a bill to do so three times and was a co-sponsor in other years.

[Non-text portions of this message have been removed]
Bluesky
if you can't beat'em legally, do away with 'em! icon_biggrin.gif
SailAway
Oh goody, we're back to speaking nonsense... I love this game!

QUOTE
He thought he saw a Garden-Door
   That opened with a key:
He looked again, and found it was
   A Double Rule of Three:
'And all its mystery,' he said,
   'Is clear as day to me!'


Vicki
dezfan1
QUOTE
if you can't beat'em legally, do away with 'em!


If an elected or appointed official is not doing as the people want, then YES, do away with them. The 9th circuit court has made so many BAD decisions that I sometimes wonder about their mental stability. Does the Pledge of Allegiance ruling ring a bell?? :shocked: :roll2: :shock: :dozey:


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