Howard Berman: “Now the mask comes off. The last line of the gentleman: They are legislating from the bench; we do not like their…”

“Now the mask comes off. The last line of the gentleman: They are legislating from the bench; we do not like their decisions. Believe me, my colleagues, the original proponents of this split and many of its supporters are doing this not based on judicial efficiency, but on ideology. If you want to deal with rising population, you authorize new judgeships. The major reason in any of the variables where the Ninth Circuit has lagged is because we have not filled the vacancies that were already authorized. You can have one circuit, you can have three circuits, you can have 10 circuits, but if you do not keep up with the growing litigation requirements by authorizing and filling those judgeships, you will have greater delays. It is a very simple equation.”