Is the Ninth Circuit too liberal? Arizona’s governor seems to think so. Recently, he spearheaded an effort to break up the nation’s largest circuit.

Is this the beginning of the Twelfth Circuit?

According to the Associated Press, Gov. Doug Ducey proposed that Arizona either move “into a different region” or Congress should create another circuit because of the Ninth’s Circuit extreme caseload and very large geographic area. He also alluded to the circuit’s “high rate of cases” overturned by SCOTUS. So far, Ducey has secured the support of other republican allies in his state, including Arizona Senator Jeff Flake and Congressman Matt Salmon. Dulcey’s office hopes to get draft legislation on the floor of Congress soon, with Flak drafting the bill.

The Past Repeats Itself

Gov. Doug Ducey’s push to liberate from the clutches of Ninth Circuit liberalism is a repeat of past attempts to do essentially the same thing. Obviously, all attempts to either move the state under the federal jurisdiction of another Circuit or to split the Ninth Circuit have failed.

A New Circuit Map?

If Ducey had his way, his plan would either bring Arizona into the Tenth Circuit or would create a Twelfth Circuit, alongwith Arizona, Montana, Nevada, Idaho and Alaska. This would leave the Ninth with California, Oregon and Washington.

Admittedly, it would at least make the circuit map look much less lopsided.

Related Resources:

  • Arizona Revives Long-Failed Push to Split the Ninth Circuit (The National Law Journal)
  • Amgen ERISA Case Is Back Again to Haunt the 9th Circuit (FindLaw’s U.S. Ninth Circuit Blog)
  • Plaintiff Entitled to Attorneys’ Fees in City of Laguna Beach Case (FindLaw’s U.S. Ninth Circuit Blog)
  • Chrysler Must Show a Compelling Interest for Sealing Corporate Docs (FindLaw’s U.S. Ninth Circuit Blog)

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