On the recordFebruary 8, 2016
I appreciate my colleague's efforts as well. We will continue to be focused on this. I will end by mentioning--my colleague mentioned the Sesame Street adage ``One of these things is not like the other.'' But one other area where this is the case, as I mentioned before, is in the en banc procedures. That is when the courts of appeal--every one of them in the country with the exception of one--when they have difficult issues, they sit together. All the active judges sit together. This provides uniformity and predictability in these courts. But one of these courts is not like the others. The Ninth Circuit cannot do this. It is too big. So they have developed what is called a limited en banc review, which by definition is incorrect and an oxymoron because ``en banc'' means the whole court. So that is why you have so many opinions in this court that are not uniform, that are problematic, and that undermine the administration of justice for the one in five Americans who is subject to this court's jurisdiction. I look forward to working on this with my good friend the Senator from Montana and Members on both sides of the aisle. This should be a bipartisan issue for every Member of this body who wants to make sure their citizens have equal justice under the law. I yield the floor. ____________________
