We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

It May Be Time To Downsize The 9th Circuit

By Brian Fitzpatrick, Vanderbilt University School of Law | July 31, 2017, 8:03 PM EDT

With 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.

How? Math....
To view the full article, register now.