Whether it’s unpredictable panels, lengthy delays or high reversal rates, the Ninth Circuit has long given critics plenty of fodder. As proponents of breaking up the circuit gain new traction, here’s a data-driven look at whether the massive appellate court lives up to its reputation.
414 Corporate Lawyers Wary Of Bids To Break Up 9th Circ.

By Natalie Rodriguez

Few business lawyers are outwardly rooting for a Ninth Circuit split, and many fear that adding a new federal appeals court would ultimately bulk up their legal bills.

414 The Culture Wars Intensify At A ‘Very Attractive Flashpoint’

By Brandon Lowrey

For politicians, the Ninth Circuit is almost synonymous with California, the headquarters of the liberal resistance to the Trump administration, and brewing political battles in the state are likely to place a massive target on the back of the polarizing court.

414 What Judges Are Saying About A 9th Circ. Split

By Erin Coe

While the majority of Ninth Circuit judges are looking to defend the court from efforts to break it up, the bench also has some outspoken supporters of a split. Here’s a sampling of quotes from jurists on where they stand.

414 A Court At Home In The Crosshairs

By Natalie Rodriguez

Efforts to break up the Ninth Circuit have held steady for decades, although they’ve often waxed and waned with political shifts and controversial rulings. Here’s a rundown of the proposals and a cast of characters who have emerged to champion the cause.

It May Be Time To Downsize The 9th Circuit

By Brian Fitzpatrick, Vanderbilt University School of Law

Brian T. Fitzpatrick

Many people think only rank partisanship favors splitting up the Ninth Circuit, but I think there is a nonpartisan, good government reason to consider it: Smaller circuits make fewer outlier decisions.

Breaking Up (The 9th) Is Hard To Do

By Mark Kressel and Lacey Estudillo, Horvitz & Levy LLP


Splitting the Ninth Circuit presents different practical limitations that did not hinder Congress the prior two times it redrew circuit lines.