Lee Introduces Circuit Court of Appeals Reorganization Act

WASHINGTON - U.S. Senators Mike Lee (R-UT) introduced the Circuit Court of Appeals Reorganization Act, restructuring the Eighth, Ninth, and Tenth U.S. Circuit Courts of Appeals to more accurately reflect modern population growth and geographic interests. Cosponsoring the legislation are Senators John Barrasso (R-WY), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Jim Risch (R-ID), and Tim Sheehy (R-MT).

"Congress is entrusted with the authority to 'ordain and establish' inferior federal courts," said Senator Mike Lee. "For too long, we have failed to modernize our western circuit courts, despite the Ninth Circuit's comparatively immense size - both in terms of geography and population. Congress needs to prioritize the efficiency of the federal judiciary to ensure a more balanced, predictable, and effective appellate system. I hope that this new proposal can serve as the basis for future bipartisan discussions."

"The Ninth Circuit's disproportionate caseload and vast geographic reach have contributed to an overburdened and inefficient judiciary," said Senator Mike Crapo. "Reorganizing the circuit would help reduce these pressures, improve the timely administration of justice and better align Idaho with a court that reflects the needs of our state and region."

"Our judicial system was designed to be deliberative but not completely obstructive," said Senator Steve Daines. "The 9th Circuit Court faces a significant backlog that hinders the administration of justice throughout the West. Montanans deserve better. I'm proud to work with Senator Lee on this bill to better organize the western circuit courts and ensure timely justice for all."

"Idahoans have endured a Ninth Circuit dominated by California's values for far too long," said Senator Jim Risch. "The Circuit Court of Appeals Reorganization Act would restructure the Eighth, Ninth, and Tenth Circuits to create a more efficient judicial system that better reflects Idaho's values and interests."

"The immense size of the Ninth Circuit has created unnecessary delays, inconsistent decisions, and a court that is increasingly disconnected from the communities it serves," said Senator Tim Sheehy. "Montanans deserve a responsive and predictable federal appellate court that can better address the unique challenges facing the West. This commonsense legislation reforms our federal judiciary by creating circuits that are more manageable and better able to deliver timely, consistent justice - ensuring every American has access to a fair and effective appellate process."

Background

The Ninth Circuit is the largest federal appellate circuit in the U.S. by both population and geographic area. Created during the era of Westward Expansion, the Ninth Circuit has experienced significant population growth in recent decades. The Ninth Circuit comprises 29 judgeships, nearly 20% of the U.S. population, and 40% of the U.S. landmass. Comparatively, the Eighth and Tenth Circuits have only 11 and 12 judgeships, respectively, and cover approximately 5.5-6.5% of the U.S. population.

The Ninth Circuit's unique en banc structure has also created inconsistency in its decision-making processes. Currently, when a panel decision is appealed to the full Ninth Circuit, only 11 of the 29 judges speak for the entire court, which causes potentially inconsistent and contradictory case outcomes. Litigants and their lawyers are thus faced with a justice system that is unwieldy and unpredictable.

What the Bill Achieves

The Circuit Court of Appeals Reorganization Act will right-size the western circuits by moving Idaho, Wyoming, Montana, and Alaska to the Eighth Circuit, and Nevada and Arizona to the Tenth Circuit. The dispersion of states from the Ninth Circuit into other surrounding federal circuits will more accurately depict modern-day regional interests, population growth, and geography - securing a more just legal system for all Americans.

Read the full bill text here.

###