The icebox cometh: A former clerk's view of the proposed Ninth Circuit split

Most academic commentators oppose splitting the Ninth Circuit Court of Appe als. They argue that the court's size is a virtue and either deny that the court has size-related problems, such as workload, consistency, and reversa l rate, or claim that a split would not address these problems. The U.S. Co ngress, however, is less sure. It has appointed the Commission on Structura l Alternatives for the United States Courts and asked it to study a possibl e Ninth Circuit split. This Article provides an "insider's view," that of a former elbow clerk, and reveals that a split would significantly decrease the court's workload and increase its consistency and predictability. The s o-named "icebox split" which would sever Alaska, Idaho, Montana, Oregon, an d Washington from the Ninth Circuit and create a new Twelfth Circuit, would best improve the administration of justice without violating other importa nt policies governing circuit boundary setting for a definable group of Ame ricans knit together by common interests. This Article concludes that the N inth Circuit should be split and a new circuit created from the icebox stat es.