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Posted at 3:32 p.m., Wednesday, September 20, 2006

Senators face off over breaking up 9th circuit court

By ERICA WERNER
Associated Press

WASHINGTON — Senators, judges and a Bush administration official clashed today over splitting up a San Francisco-based federal appeals court that has jurisdiction over Hawaii cases.

Democratic Senators today charged political motives by Republicans fed up with the court's left-leaning rulings.

Not so, said Republicans. They contended the 9th U.S. Circuit Court of Appeals, by far the nation's largest federal circuit, has gotten too big to be effective and would operate better if split in two.

"At what point is it unmanageable?" Sen. John Ensign, R-Nev., asked at a Senate Judiciary Committee hearing.

Ensign and Alaska Republican Sen. Lisa Murkowski have sponsored legislation that would break the circuit in two. A new 9th Circuit would cover California, Hawaii and the Pacific Islands, and a new 12th Circuit would cover Alaska, Washington, Oregon, Idaho, Montana, Nevada and Arizona.

Similar legislation passed the House in December. Breaking up the court has been a longtime Republican goal.

The 9th Circuit covers nine states, including Hawaii, with about 54 million people and the appeals court has 28 judgeships.

It's so big the judges don't all hear cases together as they do in other circuits. Critics, including the Bush Justice Department, argue there are inconsistencies from one ruling by the court to another.

The court has also issued a series of rulings that outraged Republicans — for example, a 2002 opinion that declared the Pledge of Allegiance unconstitutional when recited in public schools. Its rulings often are reversed by the U.S. Supreme Court.

Most judges on the circuit oppose the break-up. Judges testified for and against today.