Forget About Splitting, Let’s Talk About Merging:

In the article Eugene cites to below, Judges Kozinski and Thomas make the argument that bigger circuits are better; there is less bureacracy, less duplication of functions, more focus on delivering justice, and greater consistency of law across a larger number of states. If that’s true, then the Ninth Circuit doesn’t need to be split — it’s the other circuits that need to be merged! For example, Congress could merge the existing First, Second, and Third Circuits into a new First Circuit; the existing Fourth, Fifth, DC, Federal, and Eleventh Circuits into a new Second Circuit; and the existing Sixth, Seventh, Eighth, and Tenth Circuits into a new Third Circuit. If I read Kozinski and Thomas correctly, such a merger would lead to tremendous cost savings, help speed justice, and generate greater consistency in the law. And who could be opposed to that?