The Federalist Society

A Court United: A Statement of a Number of Ninth Circuit Judges

March 4, 2006

Diarmuid F. O'Scannlain

Last issue, in this space, our colleague, Judge Diarmuid O’Scannlain, wrote a lengthy article, heavily footnoted and adorned with numerous graphs, arguing that the Ninth Circuit should be split. To those of us who went to college in the early 70s, Judge O’Scannlain’s article is reminiscent of a then widely read book titled, appropriately enough, The Limits to Growth. The book’s authors, writing on behalf of an organization calling itself The Club of Rome, purported to demonstrate that, by the year 2000, the world would run out of land, food and clean drinking water to satisfy the needs of an out-of-control global population. Like Judge O’Scannlain’s article, The Limits to Growth tried to make its point by the use of graphs, charts and opinions of so-called experts—all leading to the “inevitable” conclusions favored by the book’s authors....

A Court United: A Statement of a Number of Ninth Circuit Judges  


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