6/28/2005

9th Circuit Court of Appeals

A toast to Senator Conrad Burns! He and several other Western Senators have introduced legislation to split the 9th Circuit Court of Appeals into two circuits, creating the 12th Circuit, including Montana, Idaho, Alaska, Washington, Oregon, Nevada and Arizona.

There are several reasons militating in favor of such a move. First is the reason stated by the sponsors: The 9th Circuit covers a huge geographic region. (Left in the Circuit after removing the above states would be California and Hawaii.)

Second, by removing our federal courts from the jurisdiction including leftward California, we might restore some 'Montana sensibilities' to our federal courts. Despite our leftward surge in the recent election, Montana is still a fundamentally conservative state, especially when compared with California. Why shouldn't our federal courts assume a perspective more centered on the heartland?

Finally, my only other thought is that I would prefer to leave Washington and Oregon in with California. All they will do is drag the new 12th Circuit to the left.

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