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- From: Anonymous <[email protected]>
- Date: Sun, 31 Aug 1997 01:11:18 -0400
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http://www.csmonitor.com/todays_paper/graphical/today/us/us.5.html
Plan for a New Appeals Court Catches Opponents Off Guard
Robert Marquand, Staff writer of The Christian Science Monitor
BOSTON -- For Alaska's two senators, the final straw came in December. Like many Republicans from the brawny Northwest, they had long been irked
that their state was part of the huge Ninth Circuit Court of Appeals, which has 28 judges and extends from San Diego to Anchorage. It wasn't just that the
circuit court's size made it inefficient, they said. It was those liberal judges in San Francisco and what Sen. Ted Stevens (R) of Alaska called the "domination
of the court by California lawyers."
....
"We cannot subject something as important as the structure of our courts to political gamesmanship," Hyde says. His bipartisan commission, agreed to after a
hard battle in the spring, would make the first major review of all federal circuits in many years. "The process must be fair."
The Ninth Circuit has long typified liberal activism, yet that image may be somewhat distorted. A new study by Dr. Hellman shows that in the past year, the
majority of the judges in cases reversed by the Supreme Court were not from California, but from states considered to be more conservative.
Hmm... Judge Patel wouldn't of issued a stay of Bernstein to have placated a Senator or two would she?