Republicans have introduced legislation that aims to break up the 9th circuit court of appeals. Republican Sen. John McCain and Jeff flake have introduced a bill that would limit the size of the 9th circuit. The legislation would take six states away from the San Francisco based court. The Senators feel that the court is too big, too liberal and it moves too slowly. Sen. Flake says it typically takes 15 months for a decision to be handed down. Under the proposed legislation, a new court would cover Washington, Nevada, Idaho, Montana and Alaska leaving only California, Oregon and Hawaii along with Guam and the Marina islands to the 9th circuit.
Republicans have often been unhappy with the 9th circuit, calling it the “Nutty 9th”. It is one of the most liberal of courts with 18 of the 25 judges being appointed by democrats. Their liberal activism was on display with the decision to continue the stay of Trumps executive order on immigration, much to the ire of President Trump.
Clearly the Judges stay of Trump’s executive order was wrong. He is well within his rights as president to decide whom to let into the country. Per Title 8, Chapter 12, Us Code 1182 (f)
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
The law is crystal clear on this point and if the Judges would have for a second, put aside their political bias this issue would have long been resolved. There is also the issue of the circuit having the supreme court unanimously overturn several of their rulings. The court also represents 20 percent of the population but at its conception it only represented 4 percent. It is well past time to break up the court and replace it with a court that will uphold the law regardless of how they align politically.