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.