For years, critics of the Ninth Circuit Court of Appeals have said that the court has grown too large and unwieldy. Some have argued that as the largest circuit, it should be broken up. (There are 28 active judges on the court and more than 20 senior judges.) In the late 1990s there were moves in Congress to break up the court. That seems unlikely with Democrats in charge in D.C. But critics remain. As recently as July, Vanderbilt law professor Brian Fitzpatrick said the Ninth Circuit's high record of being overturned by the Supreme Court is evidence that the court is working poorly.

The 9th Circuit also has a long-running streak as the most overturned, which went unbroken this year. The Supreme Court reviewed 22 cases from the 9th Circuit last term, and it reversed or vacated 19 times.

These numbers suggest that the 9th Circuit is not doing a very good job. ... Proponents of splitting the 9th Circuit largely have been unable, however, to connect the colossal court's size to its high rate of reversal. But there is a connection. Indeed, it can be shown mathematically that, as a court grows larger, it is increasingly likely to issue extreme decisions.

Veteran judges on the circuit are on a panel now at the Ninth Circuit Media Conference talking about criticism of the size of the court.

Former Chief Judge Procter Hug, Jr., said the problem is not the size of the court but making sure that judges have the "judge time" to work on cases.

"A large circuit can work and work very well. We have a difficulty explaining that to some of the eastern circuits because they think the only way it can operate is if it's small. Matter of fact, we have some difficulty explaining that to the Supreme Court. But it does work. So many things that are innovations in other circuits have really been copied form the Ninth Circuit."

Ninth Circuit Judge Alex Kozinski said there are many advantages to a large court over what claim are smaller and more collegial courts.

"You know, it's collegial if you like and get along with all the people equally well. Imagine yourself locked into a small room with eight other people, some of whom you hate. ... I can say with no sense of irony that I love all of my colleagues. But I also think I'd possibly love them a bit less if I saw more of them."

Chief Judge Mary Schroeder said that is backed up by psychologists who say a large group works better "because you don't have to spend all the time with each other."

"It's really true that we get along extremely well. People don't believe it."