After Kozinski: Cleaning up the 9th Circuit means splitting it up

Published December 27, 2017 5:01am ET



The resignation of Appellate Judge Alex Kozinski amid charges of sexual misconduct spanning three decades provides more proof that the 9th Circuit Court of Appeals is unmanageable. Whatever one makes of the allegations (ranging from groping to showing pornography to clerks and others), their sheer extent and duration indicate a level of administrative chaos in keeping with the court’s general anarchy, and its undermining of judicial process.

Congress must finally accept the decision reached 40 years ago by its Commission on Revision of the Federal Court Appellate System: The 9th Circuit must be split up. The current situation harms litigants, including accused criminals and victims awaiting final disposition of their cases, along with the businesses, civil associations, and local governments that depend on clear, consistent, and known rules.

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