Packing the Courts
Washington -- A little-noticed provision in the massive House budget bill would fulfill the longtime goal of conservatives to split the San Francisco-based U.S. Court of Appeals for the Ninth Circuit, creating a new 12th circuit appellate court and allowing President Bush to name a slate of new federal judges.
Conservatives long have claimed that the Ninth Circuit is too liberal, and that reputation was reinforced by the court's 2002 ruling that reciting the words "under God" in the Pledge of Allegiance in public schools was an unconstitutional endorsement of religion.
But legal observers say the outcome of such a split is likely to be a more liberal court making decisions for California, Hawaii, Guam and the Northern Mariana Islands and a more conservative court serving seven other Western states now part of the Ninth Circuit -- Alaska, Montana, Idaho, Washington, Oregon, Nevada and Arizona.
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