United States Court of Appeals for the Ninth Circuit

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Template:Use mdy dates Template:Short description Template:Infobox U.S. federal court

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts:

The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.[1]

Headquartered in San Francisco, California, the Ninth Circuit is by far the largest of the 13 U.S. Courts of Appeals, covering a total of nine states and two territories and with 29 active judgeships. The court's regular meeting places are Seattle at the William Kenzo Nakamura United States Courthouse, Portland at the Pioneer Courthouse, San Francisco at the James R. Browning U.S. Court of Appeals Building, and Pasadena at the Richard H. Chambers U.S. Court of Appeals.

Panels of the court occasionally travel to hear cases in other locations within the circuit. Although the judges travel around the circuit, the court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from southern California and Arizona are heard in Pasadena, and cases from northern California, Nevada, Hawaii, and the Pacific territories are heard in San Francisco. Additionally, the court holds yearly sittings in Anchorage and Honolulu. For lawyers who must come and present their cases to the court in person, this administrative grouping of cases helps to reduce the time and cost of travel. Ninth Circuit judges are also appointed by the United States Secretary of the Interior to serve as temporary acting Associate Justices for non-federal appellate sessions at the High Court of American Samoa in Fagatogo.[1]

History

File:Ninth Circuit 1905.jpg
Ninth Circuit Court House in 1905
Year Jurisdiction Total population Pop. as % of nat'l pop. Number of active judgeships
1891 California, Idaho, Montana, Nevada, Oregon, Washington 2,087,000 3.3% 2
1900 Territory of Hawaii added 2,798,000 3.7% 3
1912 Arizona added 7,415,000Template:Efn 6.7% 3
1940 11,881,000Template:Efn 9.0% 7
1960 Alaska and Guam added 22,607,000 12.6% 9
1980 Northern Mariana Islands added 37,170,000 16.4% 23
2000 54,575,000 19.3% 28
2007 60,400,000 19.9% 28
2009 61,403,307 19.72% 29
2010 61,742,858 19.99% 29
2020 66,848,869 20.17% 29

The Ninth Circuit's large size is due to the dramatic increases in both the population of the western states and the court's geographic jurisdiction that have occurred since the U.S. Congress created the Ninth Circuit in 1891.[2] The court was originally granted appellate jurisdiction over federal district courts in California, Idaho, Montana, Nevada, Oregon, and Washington. As new states and territories were added to the federal judicial hierarchy in the twentieth century, many of those in the West were placed in the Ninth Circuit: the newly acquired Territory of Hawaii in 1900, Arizona upon its admission to the Union in 1912, the Territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands in 1977.

The Ninth Circuit also had jurisdiction over certain American interests in China, in that it had jurisdiction over appeals from the United States Court for China during the existence of that court from 1906 through 1943.[3]Template:Efn

However, the Philippines was never under the Ninth Circuit's jurisdiction. Congress never created a federal district court in the Philippines from which the Ninth Circuit could hear appeals.[4] Instead, appeals from the Supreme Court of the Philippines were taken directly to the Supreme Court of the United States.[5]

In 1979, the Ninth Circuit became the first federal judicial circuit to set up a Bankruptcy Appellate Panel as authorized by the Bankruptcy Reform Act of 1978.

File:Court of Appeals.jpg
The Richard H. Chambers U.S. Court of Appeals, Pasadena, California

The cultural and political jurisdiction of the Ninth Circuit is just as varied as the land within its geographical borders. In a dissenting opinion in a rights of publicity case involving the Wheel of Fortune star Vanna White, Circuit Judge Alex Kozinski sardonically noted that "[f]or better or worse, we are the Court of Appeals for the Hollywood Circuit."[6] Judges from more remote parts of the circuit note the contrast between legal issues confronted by populous states such as California and those confronted by rural states such as Alaska, Idaho, Montana, and Nevada.

Judge Andrew J. Kleinfeld, who maintains his judicial chambers in Fairbanks, Alaska, wrote in a letter in 1998: "Much federal law is not national in scope....It is easy to make a mistake construing these laws when unfamiliar with them, as we often are, or not interpreting them regularly, as we never do."[7]

Criticism

Rate of overturned decisions

From 1999 to 2008, of the Ninth Circuit Court rulings that were accepted for review by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for the same period.[8] From 2010 to 2015, of the cases it accepted to review, the Supreme Court reversed around 79% of the cases from the Ninth Circuit, ranking its reversal rate third among the circuits; the median reversal rate for all federal circuits for the same time period was around 70 percent.[9]

Some argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases.[10][11]

However, a detailed study in 2018 reported by Brian T. Fitzpatrick, a law professor at Vanderbilt University, looked at how often a federal circuit court was reversed for every thousand cases it terminated on the merits between 1994 and 2015.[12] The study found that the Ninth Circuit's decisions were reversed at a rate of 2.50 cases per thousand, which was by far the highest rate in the country, with the Sixth Circuit second as 1.73 cases per thousand.[13][12] Fitzpatrick also noted that the 9th Circuit was unanimously reversed more than three times as often as the least reversed circuits and over 20% more often than the next closest circuit.[12]

Size of the court

File:Mary M. Schroeder.jpg
Mary M. Schroeder, when appointed (Nov. 2000) Chief Judge of the Ninth Circuit, with her predecessor, Procter Ralph Hug Jr.

Many commentators have argued that the Ninth Circuit faces several adverse consequences of its large size,[14] such as "unwieldly size, procedural inefficiencies, jurisprudential unpredictability, and unusual en banc process."[15]

Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court. In other circuits, en banc courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for 29 or more judges to take part in a single oral argument and deliberate on a decision en masse. The court thus provides for a limited en banc review by the Chief Judge and a panel of 10 randomly selected judges.[16] This means that en banc reviews may not actually reflect the views of the majority of the court and indeed may not include any of the three judges involved in the decision being reviewed in the first place. The result, according to detractors, is a high risk of intracircuit conflicts of law where different groupings of judges end up delivering contradictory opinions. That is said to cause uncertainty in the district courts and within the bar. However, en banc review is a relatively rare occurrence in all circuits and Ninth Circuit rules provide for full en banc review in limited circumstances.[17]

All recently proposed splits would leave at least one circuit with 21 judges, only two fewer than the 23 that the Ninth Circuit had when the limited en banc procedure was first adopted. In other words, after a split at least one of the circuits would still be using limited en banc courts.[18]

In March 2007, Associate Justices Anthony Kennedy and Clarence Thomas testified before a House Appropriations subcommittee that the consensus among the justices of the Supreme Court of the United States was that the Ninth Circuit was too large and unwieldy and should be split.[19]

Congressional officials, legislative commissions, and interest groups have all submitted proposals to divide the Ninth Circuit such as:

  • Ninth Circuit Court of Appeals Reorganization Act of 1993, H.R. 3654[20]
  • Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals[21]
  • Ninth Circuit Court of Appeals of Reorganization Act of 2003, S. 562
  • Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003, H.R. 2723
  • Ninth Circuit Judgeship and Reorganization Act of 2004, S. 878 (reintroduced as the Ninth Circuit Judgeship and Reorganization Act of 2005, H.R. 211, and co-sponsored by House Majority Leader Tom DeLay)
  • Circuit Court of Appeals Restructuring and Modernization Act of 2005, S. 1845[22]
  • Circuit Court of Appeals Restructuring and Modernization Act of 2007, S. 525[23]
  • Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2017, H.R. 196[24]

The more recent proposals have aimed to redefine the Ninth Circuit to cover California, Hawaii, Guam, and the Northern Mariana Islands, and to create a new Twelfth Circuit to cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.

Current composition of the court

Template:As of:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
94 Chief Judge Template:Sort Phoenix, AZ 1960 2011–present 2021–present Template:Sort
79 Circuit Judge Template:Sort Pasadena, CA 1954 1998–present Template:Sort
82 Circuit Judge Template:Sort Seattle, WA 1946 1999–present Template:Sort
86 Circuit Judge Template:Sort Las Vegas, NV 1952 2000–present Template:Sort
89 Circuit Judge Template:Sort Sacramento, CA 1950 2003–present Template:Sort
91 Circuit Judge Template:Sort El Segundo, CA 1942 2006–present Template:Sort
92 Circuit Judge Template:Sort Pasadena, CA 1954 2006–present Template:Sort
95 Circuit Judge Template:Sort Anchorage, AK 1961 2012–present Template:Sort
96 Circuit Judge Template:Sort Pasadena, CA 1965 2012–present Template:Sort
99 Circuit Judge Template:Sort San Diego, CA 1971 2014–present Template:Sort
100 Circuit Judge Template:Sort San Jose, CA 1972 2014–present Template:Sort
101 Circuit Judge Template:Sort Honolulu, HI 1953 2018–present Template:Sort
102 Circuit Judge Template:Sort Idaho Falls, ID 1973 2018–present Template:Sort
103 Circuit Judge Template:Sort Seattle, WA 1975 2019–present Template:Sort
104 Circuit Judge Template:Sort Phoenix, AZ 1965 2019–present Template:Sort
105 Circuit Judge Template:Sort Pasadena, CA 1963 2019–present Template:Sort
106 Circuit Judge Template:Sort San Diego, CA 1975 2019–present Template:Sort
107 Circuit Judge Template:Sort San Francisco, CA 1979 2019–present Template:Sort
108 Circuit Judge Template:Sort Portland, OR 1977 2019–present Template:Sort
109 Circuit Judge Template:Sort San Diego, CA 1978 2019–present Template:Sort
110 Circuit Judge Template:Sort Reno, NV 1972 2020–present Template:Sort
111 Circuit Judge Template:Sort San Francisco, CA 1968 2021–present Template:Sort
112 Circuit Judge Template:Sort Portland, OR 1972 2021–present Template:Sort
113 Circuit Judge Template:Sort San Francisco, CA 1976 2022–present Template:Sort
114 Circuit Judge Template:Sort Pasadena, CA 1979 2022–present Template:Sort
115 Circuit Judge Template:Sort Richland, WA 1971 2022–present Template:Sort
116 Circuit Judge Template:Sort Phoenix, AZ 1978 2022–present Template:Sort
117 Circuit Judge Template:Sort Missoula, MT 1973 2023–present Template:Sort
118 Circuit Judge Template:Sort Fresno, CA 1979 2023–present Template:Sort
40 Senior Circuit Judge Template:Sort San Diego, CA 1928 1972–1996 1991–1996 1996–present Template:Sort
47 Senior Circuit Judge Template:Sort Phoenix, AZ 1940 1979–2011 2000–2007 2011–present Template:Sort
54 Senior Circuit Judge Template:Sort Pasadena, CA 1928 1979–1995 1995–present Template:Sort
55 Senior Circuit Judge Template:Sort Phoenix, AZ 1931 1980–1996 1996–present Template:Sort
66 Senior Circuit Judge Template:Sort Portland, OR 1937 1986–2016 2016–present Template:Sort
68 Senior Circuit Judge Template:Sort inactive 1939 1988–2004 2004–present Template:Sort
69 Senior Circuit Judge Template:Sort Pasadena, CA 1937 1989–2002 2002–present Template:Sort
72 Senior Circuit Judge Template:Sort Fairbanks, AK 1945 1991–2010 2010–present Template:Sort
73 Senior Circuit Judge Template:Sort Phoenix, AZ 1945 1994–2010 2010–present Template:Sort
74 Senior Circuit Judge Template:Sort Pasadena, CA 1934 1996–2004 2004–present Template:Sort
75 Senior Circuit Judge Template:Sort Billings, MT 1953 1996–2023 2014–2021 2023–present Template:Sort
76 Senior Circuit Judge Template:Sort Phoenix, AZ 1951 1998–2016 2016–present Template:Sort
77 Senior Circuit Judge Template:Sort Portland, OR 1949 1998–2021 2021–present Template:Sort
78 Senior Circuit Judge Template:Sort San Diego, CA 1951 1998–2022 2022–present Template:Sort
80 Senior Circuit Judge Template:Sort San Francisco, CA 1945 1998–2022 2022–present Template:Sort
83 Senior Circuit Judge Template:Sort Pasadena, CA 1947 2000–2021 2021–present Template:Sort
84 Senior Circuit Judge Template:Sort San Francisco, CA 1945 2000–2022 2022–present Template:Sort
85 Senior Circuit Judge Template:Sort Coeur d'Alene, ID 1953 2000–2018 2018–present Template:Sort
87 Senior Circuit Judge Template:Sort Honolulu, HI 1950 2002–2016 2016–present Template:Sort
88 Senior Circuit Judge Template:Sort Las Vegas, NV 1953 2003–2019 2019–present Template:Sort
90 Senior Circuit Judge Template:Sort San Francisco, CA 1934 2003–2019 2019–present Template:Sort
93 Senior Circuit Judge Template:Sort Pocatello, ID 1949 2007–2018 2018–present Template:Sort
98 Senior Circuit Judge Template:Sort Phoenix, AZ 1947 2012–2022 2022–present Template:Sort

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Vacancies and pending nominations

Seat Prior Judge's Duty Station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
1 Pasadena, CA Sandra Segal Ikuta Senior status TBD[25] Template:Sort Template:Sort


List of former judges

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Template:Sortname CA 1820–1891 1891 Template:Sortname / Operation of lawTemplate:Efn death
2 Template:Sortname CA 1843–1926 1892–1897 Template:Sortname resignation
3 Template:Sortname OR 1847–1931 1892–1931 Template:Sortname death
4 Template:Sortname CA 1845–1928 1895–1925 1925–1928 Template:Sortname death
5 Template:Sortname CA 1843–1929 1897–1923 1923–1929 Template:Sortname resignation
6 Template:Sortname MT 1857–1949 1911–1928 1928 Template:Efn resignation
7 Template:Sortname WA 1864–1931 1923–1931 Template:Sortname death
8 Template:Sortname OR 1867–1944 1925Template:Efn–1926 Template:Sortname not confirmed
9 Template:Sortname ID 1863–1930 1927–1930 Template:Sortname death
10 Template:Sortname CA 1867–1954 1929–1945 1945–1954 Template:SortnameTemplate:Efn death
11 Template:Sortname AZ 1868–1934 1931–1934 Template:Sortname death
12 Template:Sortname WA 1870–1948 1933–1948 Template:Sortname death
13 Template:Sortname CA 1872–1959 1935–1957 1948–1957 1957–1959 Template:Sortname death
14 Template:Sortname AZ 1880–1962 1935–1953 1953–1962 Template:Sortname death
15 Template:Sortname OR 1879–1943 1935–1943 Template:Sortname death
16 Template:Sortname CA 1874–1965 1937–1961 1957–1959 1961–1965 Template:Sortname death
17 Template:Sortname ID 1881–1962 1937–1958 1958–1962 Template:Sortname death
18 Template:Sortname WA 1883–1970 1944–1956 1956–1970 Template:Sortname death
19 Template:Sortname NV 1881–1965 1945–1956 1956–1965 Template:Sortname death
20 Template:Sortname MT 1889–1969 1949–1961 1959 1961–1969 Template:Sortname death
21 Template:Sortname CA 1887–1958 1954–1958 Template:Sortname death
22 Template:Sortname AZ 1906–1994 1954–1976 1959–1976 1976–1994 Template:Sortname death
23 Template:Sortname OR 1888–1959 1954–1959 Template:Sortname death
24 Template:Sortname CA 1900–1990 1956–1970 1970–1990 Template:Sortname death
25 Template:Sortname WA 1903–1975 1956–1971 1971–1975 Template:Sortname death
26 Template:Sortname CA 1892–1973 1958–1963 1963–1973 Template:Sortname death
27 Template:Sortname CA 1897–1973 1958–1967 1967–1973 Template:Sortname death
28 Template:Sortname NV 1907–1996 1959–1974 1974–1996 Template:Sortname death
29 Template:Sortname ID 1912–1992 1959–1976 1976–1992 Template:Sortname death
30 Template:Sortname CA 1918–2012 1961–2000 1976–1988 2000–2012 Template:Sortname death
31 Template:Sortname CA 1907–1986 1961–1976 1976–1986 Template:Sortname death
32 Template:Sortname CA 1913–1984 1964–1979 1979–1984 Template:Sortname death
33 Template:Sortname CA 1904–1979 1967–1971 1971–1979 Template:Sortname death
34 Template:Sortname CA 1925–2016 1968–1979 Template:Sortname resignation
35 Template:Sortname WA 1913–2002 1969–1983 1983–2002 Template:Sortname death
36 Template:Sortname OR 1901–1995 1969–1971 1971–1995 Template:Sortname death
37 Template:Sortname AZ 1909–1984 1969–1979 1979–1984 Template:Sortname death
38 Template:Sortname HI 1916–2004 1971–1984 1984–2004 Template:Sortname death
39 Template:Sortname CA 1923–2022 1971–1991 1988–1991 1991–2022 Template:Sort death
41 Template:Sortname CA 1920–2008 1973–1987 1987–2008 Template:Sortname death
42 Template:Sortname CA 1936–present 1975–1988 Template:Sortname elevation to Supreme Court
43 Template:Sortname ID 1922–1988 1976–1988 Template:Sortname death
44 Template:Sortname NV 1931–2019 1977–2002 1996–2000 2002–2017 Template:Sortname retirement
45 Template:Sortname AZ 1922–1995 1977–1993 1993–1995 Template:Sortname death
46 Betty Binns Fletcher WA 1923–2012 1979–1998 1998–2012 Template:Sortname death
48 Otto Richard Skopil Jr. OR 1919–2012 1979–1986 1986–2012 Template:Sortname death
49 Template:Sortname WA 1930–2020 1979–1995 1995–2020 Template:Sortname death
50 Arthur Alarcón CA 1925–2015 1979–1992 1992–2015 Template:Sortname death
51 Harry Pregerson CA 1923–2017 1979–2015 2015–2017 Template:Sortname death
52 Warren J. Ferguson CA 1920–2008 1979–1986 1986–2008 Template:Sortname death
53 Template:Sortname CA 1914–1997 1979–1996 1996–1997 Template:Sortname death
56 Template:Sortname AK 1917–2011 1980–1986 1986–2011 Template:Sortname death
57 Template:Sortname CA 1927–2017 1980–1994 1994–1997 Template:Sortname retirement
58 Template:Sortname CA 1931–2018 1980–2018 Template:Sortname death
59 Template:Sortname WA 1928–2012 1984–1996 1996–2012 Template:Sortname death
60 Cynthia Holcomb Hall CA 1929–2011 1984–1997 1997–2011 Template:Sortname death
61 Template:Sortname CA 1927–2000 1984–1996 1996–2000 Template:Sortname death
62 Template:Sortname NV 1933–2009 1985–1999 1999–2009 Template:Sortname death
63 Template:Sortname CA 1950–present 1985–2017 2007–2014 Template:Sortname retirement
64 Template:Sortname CA 1926–2017 1985–1996 1996–2017 Template:Sortname death
65 Template:Sortname CA 1930–2011 1985–1998 1998–2011 Template:Sortname death
67 Template:Sortname OR 1929–2023 1987–1997 1997–2023 Template:Sortname death
70 Template:Sortname CA 1941–2011 1989–2011 Template:Sortname death
71 Template:Sortname ID 1936–2011 1990–2003 2003–2011 Template:Sortname death
81 Template:Sortname CA 1939–2020 1999–2013 2013–2020 Template:Sortname death
97 Template:Sortname CA 1967–present 2012–2023 Template:Sortname resignation

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Chief judges

Chief Judge
Denman 1948–1957
Stephens, Sr. 1957–1959
Pope 1959
Chambers 1959–1976
Browning 1976–1988
Goodwin 1988–1991
Wallace 1991–1996
Hug, Jr. 1996–2000
Schroeder 2000–2007
Kozinski 2007–2014
S.R. Thomas 2014–2021
Murguia 2021–present

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Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges.

To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.[26]

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.[27]

Succession of seats

The court has 29 seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

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See also

Notes

Template:Notelist

References

Template:Reflist

External links

Template:Wikisource index

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  1. a b Template:Cite report
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  3. See, e.g., Republic of China v. Merchants' Fire Ass'n of N.Y., 49 F.2d 862 (9th Cir. 1931). As the court noted, this bizarre insurance claim dispute arose directly from the "perplexing" civil war during China's warlord era, in which various groups of military officers claimed to be the representatives of the Republic's legitimate government.
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  5. Kepner v. United States, 195 U.S. 100 (1904).
  6. White v. Samsung Elec. Am., Inc., 989 F.2d 1512, 1521 (9th Cir. 1993) (Kozinski, J., dissenting). Archived from the original on December 8, 2020.
  7. Kleinfeld, Andrew J. (May 22, 1998). "RE: Splitting the Ninth Circuit". Retrieved June 21, 2005.
  8. Template:Cite magazine
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  10. Farris, Jerome, The Ninth Circuit—Most Maligned Circuit in the Country Fact or Fiction? 58 Ohio St. L.J. 1465 (1997) (noting that, in 1996, the Supreme Court let stand 99.7 percent of the Ninth Circuit's cases).
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  21. Final Report, Commission on Structural Alternatives for the Federal Courts of Appeals, December 18, 1998
  22. Testimony of Circuit Judge Richard Tallman: U.S. Court of Appeals for the Ninth Circuit Template:Webarchive, United States Senate: Committee on the Judiciary, October 26, 2005; retrieved November 19, 2007.
  23. Govtrack.us S. 525—110th Congress (2007): Circuit Court of Appeals Restructuring and Modernization Act of 2007 (database of federal legislation): govtrack.us; retrieved February 18, 2008.
  24. Govtrack.us; retrieved February 27, 2021,
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  26. 28 U.S.C. Template:Trim/Template:Trim § Template:Trim
  27. 62 Stat. 871, 72 Stat. 497, 96 Stat. 51
  28. Court Security Improvement Act of 2007, Pub. L. 110–177 § 509(a)(2), 121 Stat. 2534, 2543, January 7, 2008