Breaking up the Ninth Circuit would not necessarily benefit Trump, experts say

Lawyers of all philosophical persuasions forum shop, so while liberal litigators may look to California for judges sympathetic to liberal outcomes, other attorneys will go to states such as Texas with hopes of reaching results that would benefit conservatives.

But legal experts across the philosophical spectrum say breaking up the 9th Circuit would not necessarily remedy the problem Trump wants fixed.

“You can do a lot in terms of forum shopping by going to district courts, and breaking up a circuit makes no difference in that process,” said Caroline Frederickson, president of the American Constitution Society, a progressive group.

Frederickson said disentangling the 9th Circuit would take years and it’s hard to know whether any such changes would change the outcomes of any given case.