Crapo and Risch propose splitting Ninth Circuit Court into two new circuits

Crapo and Risch propose splitting Ninth Circuit Court into two new circuits
Senator Mike Crapo — Official U.S. Senate headshot
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U.S. Senators Mike Crapo and Jim Risch, both representing Idaho, have reintroduced the Judicial Reorganization Act aimed at restructuring the Ninth U.S. Circuit Court of Appeals. The proposal seeks to split the existing court into two separate entities, creating a new Twelfth U.S. Circuit Court of Appeals.

Senator Crapo emphasized the burden on the current circuit: “The nation’s largest and busiest circuit court of appeals has been overburdened for years–covering more than 11,000 cases annually from nine Western states and two U.S. territories,” he stated. He added that dividing the court would address inefficiencies caused by its significant backlog.

Senator Risch noted that California’s influence on the Ninth Circuit is substantial: “The Ninth Circuit Court of Appeals has long reflected the values of California, which dominates its justices and judicial cases,” he said. The proposed legislation aims to modernize and manage caseloads better while aligning justice with Idaho’s values.

The Ninth Circuit currently handles an extensive workload due to its jurisdiction over 40 percent of the U.S. landmass and one-fifth of Americans. It processes one-fifth of all pending federal appeals and a majority of immigration cases nationwide.

The bill proposes a new Ninth Circuit covering California, Guam, and Hawai’i, while a Twelfth Circuit would include Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. The total number of judges in these circuits would increase to 31 as per recommendations from the United States Judicial Conference.

Funds for additional court facilities will be authorized under this legislation to facilitate these changes.



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