It’s a well-known fact that the 9th Circuit is a sort of deliberate honeypot for judicial activism and total disregard for the rule of the law.
The 9th Circuit Court of Appeals is based in San Francisco; the controversial court is the most overturned court in the U.S. Back in 2012, the Supreme Court reversed 86 percent of the rulings reviewed from the 9th Court.
One of the Court's most controversial decision was striking down the Pledge of Allegiance due to the phrase ‘’under God.’’ The Court also ruled that citizens have no constitutional right to own guns and it is often over-ruled when showing its disdain for capital punishment. No wonder critics deride the court, branding it the Nutty Ninth and the Ninth Circus.
Senator Jeff Flake from Arizona is the latest Republican that introduced legislation seeking to break up the ninth- which covers nine western states, with 20 percent of the country’s population.
Sen. Flake made it clear that there’s a bedrock principle of swift access to justice, and if you live in Arizona or anywhere in the ninth circuit, you can’t have it. Flake pointed out that it takes fifteen months for the average decision to be handed down, adding that that’s too long.
Sen. Flake's idea revolved around creating a new twelfth circuit court that would take five states from the ninth. However, some think that the court’s liberal label is overblown. It’s also important to note that the law has ambiguity and there are fair and reasonable and smart minds that can differ on important legal questions.
The all the judges in the 9th Circuit, only one was appointed by a Republican. William Canby was appointed by Jimmy Carter and Michelle Friedland by Barack Obama.