Judges and Judiciary,
9th U.S. Circuit Court of Appeals
Mar. 21, 2017
9th Circuit split: What's the math say?
Smaller circuits minimize outlier decisions in both directions. Why do I say this? For a very simple reason: math.
Brian Timothy Fitzpatrick
Vanderbilt Law SchoolHarvard Univ Law School; Cambridge MA
Brian Fitzpatrick is a professor at Vanderbilt University School of Law
Like everything in life, there are both costs and benefits to splitting the 9th Circuit. But there is one benefit that is often overlooked: Smaller circuits might very well make fewer outlier decisions.
When I say "outlier decisions," I mean it in a politically neutral way. We can have outlier decisions on the left just as well as we can on the right. Smaller circuits minimize outlier decisions in both directions.
Why do I say this? For a very simple reason: math.
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