The National Law Journal reports from the Ninth Circuit Judicial conference that many of the circuit's judges do not like proposals to split up the circuit.

The Los Angeles Times op-ed that has some judges grousing was written by Vanderbilt University Law School professor Brian Fitzpatrick, who was also a law clerk to 9th U.S. Circuit Court of Appeals Judge Diarmuid O'Scannlain of Portland, Ore., an outspoken supporter of a circuit split.

Fitzpatrick suggested that "it can be shown mathematically that as a court grows larger, it is increasingly likely to issue extreme decisions." . . .

Of the potential for "extremist" decisions in a large circuit, Chief Judge Mary Schroeder said, "You have got to be kidding. We don't appoint the judges, the president does. You don't split up a court because you don't like the decisions it makes." . . .

Schroeder noted in the circuit's annual report issued this week that, at the peak of congressional efforts last year to split the 9th Circuit, 33 of the 47 total active and senior judges signed a statement of opposition to a split.