Can the President really dissolve the 9th Circuit Court of Appeals?
Yesterday the Washington Examiner reported that President Trump said that there is interest in “breaking up” the 9th Circuit. The comments came after a second 9th Circuit ruling blocking the Trump’s immigration executive order.
The 9th Circuit is the largest of the thirteen appeals court circuits in the US judicial system. The 29 judges on the 9th Circuit Court of Appeals hear cases on appeal from lower federal courts in Arizona, Alaska, California, Hawaii, Idaho, Montana Nevada, Oregon, Washington, Guam, and the Northern Marianas Islands.
Like all federal courts, the 9th circuit is a part of the judicial branch, led by the Supreme Court, and subject to checks and balances by the legislative and executive branch.
The president can impact the composition of the courts through appointments (with the advice and consent of the Senate). Any significant change to the appeals court structure would have to happen through a law passed through Congress.
Several bills impacting the structure of the Appeals Courts have been introduced this Congress:
- Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017 from Rep. Louie Gohmert [R, TX-1]
- Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2017 from Rep. Michael Simpson [R, ID-2]
- Circuit Court of Appeals Restructuring and Modernization Act from Sen. Steve Daines [R, MT]
- Judicial Administration and Improvement Act of 2017 from Sen. Jeff Flake [R, AZ]
- Judicial Administration and Improvement Act of 2016 from Rep. Andy Biggs [R, AZ-5]
- Federal Courts of Appeals Modernization Act from Sen. Dan Sullivan [R, AK]
