It May Be Time To Downsize The 9th CircuitWith Republicans in charge in Washington, D.C., splitting the Ninth Circuit is back on the agenda. Many people think that only rank partisanship favors a split, but I think there is a nonpartisan, good government reason to consider it: Smaller circuits make fewer outlier decisions.
When I say “outlier decisions,” I really mean it in a politically neutral way. We can have outlier decisions on the left just as well as we can on the right. Smaller circuits minimize outlier decisions in both directions.
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