Dividing the Fifth Circuit

    th Circuit ag the Fifth Circuit 

as a rider on the 
de the Fifth cir- 
stern Circuit 
issippi. The 

This provision 

o
o
 

ng 
decided not 
matter will 

3 
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e 

7843. The 
t several weeks. 

Problems 

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y 

327 



federal courts were 
in order to assure that 
pendent of local pressures 
he courts of appeals have 

YY of economic, social 
sion of the Fifth Cir- 

of that diversity. This is well 
ns of judges from the same state; 

es since 1974, the judges from 
Toy es from Missis- 

iberal, moderate 

ct 

a 
ilh 

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) 

p fey
 

ct a 
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 LS)

 

(ot
s ge 

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p differences between 
rn Circuits will inevi- 

ons of the new circuits. 
1974, covering a wide 

i from the east and 
@ Court usually 

between the cir- 
tain to substantially 

e Supreme Court. 

the Circuit 

1 

ntolerable ‘ex a} 

te Ju predicted 
ge pellate case 
ud double the 

11 
a5) its would probably 
s every circuit 

both the 
ifth Circuit would have 

1l have to be divided 
reuits. Clearly 
must be found for 

ng circuits. 

the Circuits: Alterna- 
circuit include: 

y circuits. In 1976 
of all cases, 

th Circuits. 
ppellate judges 

icular circuit, 
ice Clark did 

ives to possibly 
a group of 9 

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udges 

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JBag 
Comm. 



th and Ninth Circuits: 3 Pr 

Under the House s nth Circuit would have 23 
judges, almost a n lange of docu- 
ments is harder in tt h includes judges from 
Arizona to Alaska A Ninth Circuit would have a 

ction, since there is 
NEY among the 

ate of California, 
makes no sense to have 

al situations. 

less adverse ee on 

th sa Commission 
m ral Court Appel- 
k 92d Congress, 
x principles be fol- 

pos eireuits.. (a) The 
th <I st 3 states. 
bi only Texas 

) no circuit be 
active judges. 
Circuits would 

circuits contain 
and socio- 

eastern dis- 
Bas histories 

while the western 
or producers, and 

to
mo
ro
w 

trict 
and izing, 

are 

eals were filed 

this problem 
peals per 

he judges will 
ddition the 
evel, and the 
ntially higher 
» had 224 per 

fth Circuit opinions in 1977 
ions of the other judges 

ing cases 



can usually be 
ions in the Fifth 
ing decisions in 
to improve his or 

more likely to read 

A large circuit will 
anels which must be 

laid down by earlier 
occurred because a 

ee or a more 
lation between 
inth Circuits, 

rcies: Even if 
Carter will be 

tern Circuit, and 
he circuit. 

an 

it is tried. 
than the Ninth. 
appellate 

the structure 



hen (225-4853) 
now, Shanon Matts 

Straight 
Alcock (225-7078) 

ob Piedler 
¢ Holtman 
not contact 

by calling 
ressman