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Due to current events, it's a little hard to focus on something as mundane as the need to split up the overstretched Ninth Circuit. And mundane it surely is. Which may explain why, as pressing as the courts' needs have become, they only surface on the political agenda in the context of decisions that offend members of the senate. The circuit shouldn't be split to punish it for producing opinions some find offensive -- it should be split for the ho-hum reason that it is just too big to operate as intended.
March 21, 2003 at 12:00 AM
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