Sens. Cruz, Lee, Colleagues Introduce Bill to Restructure Ninth Circuit Court of Appeals

WASHINGTON, D.C. – U.S. Sens. Ted Cruz (R-Texas), Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, Mike Lee (R-Utah), John Barrasso (R-Wyo.), Mike Crapo (R-Idaho), Steve Daines (R-Mont.), Jim Risch (R-Idaho), and Tim Sheehy (R-Mont.) introduced the Circuit Court of Appeals Reorganization Act. This legislation restructures the Eighth, Ninth, and Tenth U.S. Circuit Courts of Appeals to more accurately reflect modern population and geographic realities. Sen. Cruz said , “The Ninth Circuit has become dominated by judges who place their personal beliefs ahead of their constitutional duty, while the circuit itself has been weighed down by its unwieldy size, all of which has undermined the fair and efficient administration of justice for millions of Americans. I’m proud to join Sen. Lee in this effort to ensure that the federal courts faithfully uphold the Constitution.” Sen. Lee said, “Congress is entrusted with the authority to ‘ordain and establish’ inferior federal courts. 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.” Sen. Crapo said, “The Ninth Circuit’s disproportionate caseload and vast geographic reach have contributed to an overburdened and inefficient judiciary. 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.” Sen. Daines said, “Our judicial system was designed to be deliberative but not completely obstructive. 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.” Sen. Risch said, “Idahoans have endured a Ninth Circuit dominated by California’s values for far too long. 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.” Sen. Sheehy said, "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. 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." Read the bill text here . 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.