Ted Cruz Pushes to Restructure Nation’s Largest Appeals Court

Senator Ted Cruz (R-TX) is leading the charge to restructure the Circuit Court of Appeals, aiming to create a more balanced federal appellate system that reflects the population and geographic realities of each court.

The Circuit Court of Appeals Reorganization Act would restructure the Eighth, Ninth and Tenth United States Circuit Courts of Appeals, changing how states are allocated among the circuits. The Ninth Circuit Court is currently the nation’s largest federal appellate circuit, both in population and geographic area, meaning it represents the most appeals of the courts.

As the chairman of a Senate Judiciary Subcommittee, Sen. Cruz said this bill would counteract the disproportionate influence the Ninth Circuit has because of its size.

“The circuit itself has been weighed down by its unwieldy size,” Sen. Cruz said.

The Ninth Circuit is the nation’s largest federal appellate circuit by both population and geographic area. It now covers nearly 20% of the U.S. population, compared with approximately 5.5% to 6.5% for the Eighth and Tenth Circuits.

Due to its size, the Ninth Circuit also experiences a significant backlog of cases. Sen. Tim Sheehy (R-MT) said this is another consequence of the court’s size.

"The immense size of the Ninth Circuit has created unnecessary delays, inconsistent decisions and a court that is increasingly disconnected from the communities it serves,” Sen. Sheehy said.

Sen. Cruz argues that not only is the Ninth Circuit the largest court, but it has also become dominated by judges who have not remained objective. This creates inconsistencies in its decision-making process, he said.

“The Ninth Circuit has become dominated by judges who place their personal beliefs ahead of their constitutional duty,” Sen. Cruz argued, adding that these factors undermine the “fair and efficient administration of justice for millions of Americans.”

Sen. Mike Lee (R-UT), a co-author of the bill, argued that it is up to Congress to restore the integrity of the Ninth Circuit Court.

“Congress is entrusted with the authority to ‘ordain and establish’ inferior federal courts,” Sen. Lee said.