We are not administrators. The fact is that as a circuit grows, so does its inefficiency. J Harvie Wilkinson III, Chief Judge of the Fourth Circuit, pointed out in an article written for the Wall Street Journal that large circuits present more problems than small circuits, and of course they do. There are more internal conflicts in circuit law which must be resolved by more en banc hearings of the full court. He points out that it takes more time to get a decision out when an en banc hearing is held.
Legal principles are discernible and judicial outcomes are predictable.
As a court grows, so do the possible panel combinations, and the law becomes fuzzier and less distinct. Litigation takes on the properties of a game of chance and litigants are encouraged to come to court for the roll of the dice. When legal outcomes are uncertain, cases are brought for their settlement value and parties lack clear guideposts for their conduct out of court. It is sort of a semi-en banc of 11 members. The decision, then, is not the unanimous decision of an entire court.