Push For Nw Court Heats Up Sen. Burns Bold In Drive To Split 9th U.S. Circuit Court Of Appeals

A Montana senator is trying to block all nominations to the 9th U.S. Circuit Court of Appeals in a renewed effort by Northwest lawmakers to break up the court because of alleged domination by Californians.

Republican Sen. Conrad Burns said he has requested a “hold” on Senate action on all presidential nominees to the nine-state court until passage of his bill to split the circuit in half.

The action, reported Thursday by the San Francisco Daily Journal, could breathe new life into a breakup campaign that has sputtered for two decades.

The nation’s largest appellate court is based in San Francisco and has always had more judges from California than from any other state. Due to an expansion during the administration of President Jimmy Carter, it is closely divided between Democratic and Republican appointees, making it relatively more liberal than most of the conservative-dominated federal judiciary.

Timber and mining interests, in particular, have disliked some of the court’s rulings on environmental issues and have backed attempts to carve out a new circuit for the Pacific Northwest. The court’s lengthy deliberations and overruling of some death sentences has prompted criticism from prosecutors in several states.

The bill introduced May 25 by Burns and Sen. Slade Gorton, R-Wash., co-sponsored by six of the other eight senators from the Northwest, would create a 12th Circuit consisting of Montana, Idaho, Oregon, Washington and Alaska. California, Nevada, Arizona and Hawaii would remain in the 9th Circuit.

“California generates a majority of cases in the 9th Circuit, and Montana pays a high price in delayed decisions because of this,” Burns said in a statement. “Montana citizens and businesses should not suffer because of California’s legal problems.

“The situation is serious enough that I will not allow further judicial vacancies to be filled on the 9th Circuit until this bill is passed.”

Traditionally, a single senator can put a temporary hold on any nomination and delay a Senate vote. Practically speaking, Burns, who is not a member of the Senate Judiciary Committee, would need support from the Senate’s Republican leadership to gain significant leverage.

Burns has spoken to both Senate Majority Leader Robert Dole, R-Kan., and Judiciary Committee Chairman Orrin Hatch, R-Utah.

Bipartisan support among the court’s judges for a unified circuit has thwarted past breakup attempts. Chief Judge J. Clifford Wallace, a conservative Republican appointee, said Wednesday most of the judges favor keeping the court as it is.