Pare Down the D.C. Circuit? Unlikely, but Not Unheard Of

, The National Law Journal


The latest Republican proposal to remove three judges from the U.S. Court of Appeals for the D.C. Circuit — as unlikely as it seems to happen at this point — isn't unprecedented. But this time it brings with it an ideological battle about the political makeup of the nation's second highest court.

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What's being said

  • Clay Phillips

    I am never surprised when general reporters use the lazy phrase "America's second highest Court" but it seems that might do better. While to be sure the D.C. Circuit hears a lot of high profile cases due to the availability of venue for federal government actions, the organization chart is clear, the D.C. Circuit is at the same level of the other circuits and given that the Second Circuit hears a lot of important commercial cases and the Ninth Circuit presides over a vast population, the phrase is a tired cliche at best.

  • JW

    I think the DC Circuit probably turns over a lot of pro se plaintiff cases (including prisoners) against the government, at the summary affirmance level. I wonder if the statistics take that into account? Sure they get complex cases like other circuits, but they also probably get a lot of frivolous things that they can turn over quickly.

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