Proposed ‘business court’ isn’t worth the constitutional risk

The proposed 15th Court of Appeals is inconsistent with that command in two ways. First, it encompasses the entire state. A court of appeals with jurisdiction over the entire state is, by definition, not one that results from a division of the state. Second, it has jurisdiction over only one type of disputes: business cases. But consistent with the state constitution’s language, the 14 courts of appeal that we have today hear everything.

In a time when the U.S. Supreme Court has focused strongly on “originalism” in its constitutional opinions, such as its recent gun-control cases that focused exclusively on history, these historical observations have particular force.

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