If Congress makes a new appeals court circuit, they should leave all the current left-wing wacko judges in the present “9th Circuit” areas of Alaska, Hawaii, Guam, and the Mariana Islands – then make two new circuits out of the remaining area. Keep all the liberal judges in this area – completely shut down the 9th Circuit’s San Francisco courthouse and assign the circuit’s judges to new headquarters in Anchorage, Alaska. That will ensure that a most of the 29 left-wing judges end up retiring, even though they have life-tenure.
For the rest of the area, Congress should split the state of California in two, putting Southern California in one new district and Northern California in another new district. That way the liberal California senators won’t have exclusive say in the tradition of selecting which judges gets appointed to the bench over their area – they can’t because the new circuit areas will included several states with other senators who can approve the nominations over California’s stupid objections.
Another thing Congress should do, in light of the insane 9th Circuit’s illegal nullification of President Trump’s visa ban, is remove from all the district court judges, and all the appeals courts, the power to declare any of Congress’ laws as being “unconstitutional” or to issue any injunctions against the Executive branch.
The sole jurisdiction for declaring any of Congress’ laws as “unconstitutional” and/or issuing injunctions against the Executive branch should only happen if the Supreme Court itself makes that decision. Perhaps any time a district court or federal appeals court wants to declare something “unconstitutional” or issue an injunction, its order/decision must automatically first go to a single appeals court district in Washington D.C. for an hearing and review, and if that court approves the order, it then automatically goes to the Supreme Court for final hearing and approval before the decision can become effective to block the other branches of government. But if the DC Circuit rejects the order/decision, it is automatically denied and returns to the court where it originated to modify the order accordingly.