Idaho’s U.S. senators bring back bill to split Ninth Circuit Court of Appeals

U.S. senators for Idaho Mike Crapo and Jim Risch are again proposing a bill to split the existing Ninth Circuit Court of Appeals — a federal court with jurisdiction over much of the West — into two courts.

The Judicial Reorganization Act was previously proposed by Crapo in 2019 and 2021, and Idaho U.S. Rep. Mike Simpson proposed a similar bill earlier this year, and in 2019, 2021 and 2023.

The 2025 bill would create a 12th U.S. Circuit Court of Appeals, which would take over cases out of Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington. The Ninth Circuit would retain jurisdiction over California, Guam and Hawaii.

“The nation’s largest and busiest circuit court of appeals has been overburdened for years – covering more than 11,000 cases annually from nine Western states and two U.S. territories,” Crapo said in a press release. “The Ninth Circuit’s significant backlog and inefficiency impedes the administration of justice throughout the region. The time is now to divide the court to reflect the West’s massive population growth and provide greater access to justice for all.”

The bill would add one appellate judge to each court, raising the total number of judges between both courts to 31 — with 18 serving the Ninth Circuit and 13 judges in the 12th. The president would appoint new judges who would be confirmed by the U.S. Senate.

“The Ninth Circuit Court of Appeals has long reflected the values of California, which dominates its justices and judicial cases,” Risch said. “The Judicial Reorganization Act would split and modernize the Ninth Circuit, allowing for more manageable caseloads and justice that aligns with the values of Idaho.”

The Ninth Circuit is the largest circuit court in the nation by geography, population and workload, according to the press release. The appeals court has jurisdiction over 40% of the nation’s landmarks, and one-in-five Americans. One fifth of all pending federal appeals and 56% of all immigration cases in the nation are filed within the Ninth Circuit, the release said.

The bill would authorize funds to be appropriated “as may be necessary” to carry out the act; the legislation doesn’t specify a number.

This story was originally produced by the Idaho Capital Sun which is part of States Newsroom, a nonprofit news network, including the Daily Montanan, supported by grants and a coalition of donors as a 501c(3) public charity.