House Passes Amendment to Divide Western U.S. Court of Appeals in Three
WASHINGTON, DC – Congressman Adam Schiff (D-CA) today argued forcefully on the Floor of the House of Representatives against a move to divide the 9th Circuit Court of Appeals into three circuits. Under an amendment by Congressman Mike Simpson (R-ID) to the Bankruptcy Judgeship Act of 2003 (S. 878), Arizona, Idaho, Montana and Nevada would form a new 12th Circuit, and Alaska, Oregon and Washington would form a new 13th Circuit – leaving California, Guam, Hawaii and the Northern Marianas Islands in the 9th Circuit.
“First we had court stripping, and now we have court splitting,” Congressman Schiff said. “The weakening of the independence of the Judiciary goes on, and we are going from bad to worse.”
A Founder and Co-Chair of the bipartisan Congressional Caucus of the Judicial Branch, Congressman Schiff noted that such a change to the Circuit’s composition is opposed by the U.S. Justice Department, American Bar Association (ABA), Governor Arnold Schwarzenegger (R-CA) and a large majority of the 9th Circuit’s judges. Schiff also pointed out that there has been no effort to divide other circuits with similar caseloads, and that circuit division would likely diminish the ability of judges to deal with fluctuating caseloads.
Congressman Schiff also noted the findings of the Congressionally created Commission on Structural Alternatives – also known as the White Commission – which concluded that “Having a single court interpret and apply federal law in the western United States… is a strength of the Circuit that should be maintained.” The Commission also stated, “There is one principle that we regard as undebatable: It is wrong to realign circuits (or not to realign them) and to restructure circuits (or to leave them alone) because of particular judicial decisions or particular judges. This rule must be faithfully honored…”
Congressman Simpson’s amendment passed the House of Representatives by a vote of 205 to 194, and S. 878 passed by a voice vote.
Congressman Schiff is a member of the House Judiciary and International Relations committees. He represents California’s 29th Congressional District, including the communities of Alhambra, Altadena, Burbank, East Pasadena, East San Gabriel, Glendale, Monterey Park, Pasadena, San Gabriel, South Pasadena and Temple City.