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| Court of Appeals (United States) | |
|---|---|
| Court name | United States Courts of Appeals |
| Established | 1891 |
| Country | United States |
| Type | Presidential nomination with Senate confirmation |
| Authority | Judiciary Act of 1891 |
| Appeals to | Supreme Court of the United States |
| Positions | 179 authorized judgeships |
Court of Appeals (United States)
The United States Courts of Appeals are the intermediate federal appellate tribunals that review decisions from the United States district courts, administrative agencies such as the Federal Trade Commission, and specialized tribunals like the United States Tax Court and the Board of Immigration Appeals. They sit below the Supreme Court of the United States in the federal judiciary created by the Judiciary Act of 1789 and refined by the Judiciary Act of 1891 and subsequent statutes. Each appellate court serves a geographic or subject-matter constituency defined by Congress and issues precedential opinions that shape doctrine across areas including Commerce Clause litigation, First Amendment disputes, and Administrative Procedure Act challenges.
The circuit courts, commonly called circuit courts or courts of appeals, include the regional United States Court of Appeals for the First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit, Tenth Circuit, Eleventh Circuit, and the D.C. Circuit, as well as the subject-matter United States Court of Appeals for the Federal Circuit. They resolve appeals in panels of three judges drawn from ranks nominated by the President of the United States and confirmed by the United States Senate, and their published opinions are frequently cited in litigation before the Supreme Court of the United States, state appellate courts, and federal agencies such as the Securities and Exchange Commission and the Environmental Protection Agency.
Congress has defined the circuits’ subject-matter and territorial jurisdiction through statutes including the Judiciary Act of 1891 and the Judicial Code. The Federal Circuit, created by the Federal Courts Improvement Act of 1982, has nationwide jurisdiction over appeals in patent cases involving the United States Patent and Trademark Office, veteran benefits appeals from the Board of Veterans' Appeals, and contract disputes involving the United States Court of Federal Claims. Regional circuits exercise jurisdiction over civil rights claims under statutes like the Civil Rights Act of 1964, Sherman Antitrust Act enforcement actions, and habeas corpus petitions under the Antiterrorism and Effective Death Penalty Act of 1996 where appellate review intersects with the Eighth Amendment and Fourteenth Amendment issues.
Judges on the courts of appeals hold life tenure under Article III of the United States Constitution and may assume senior status following statutory age and service thresholds, a practice that affects staffing across circuits including the Ninth Circuit and the D.C. Circuit. Appointments involve nomination by the President of the United States and confirmation by the United States Senate, often influenced by home-state senators through the blue slip tradition and evaluations by the American Bar Association. High-profile appointees have included figures who advanced to the Supreme Court of the United States such as Thurgood Marshall, Sandra Day O'Connor, Antonin Scalia, Ruth Bader Ginsburg, Neil Gorsuch, and Brett Kavanaugh. Senior judges and active judges decide en banc rehearings in some circuits, notably the Federal Circuit and the Ninth Circuit, which has used en banc review in cases implicating the First Amendment and Immigration and Nationality Act questions.
Appeals typically proceed from a final order of a United States district court or an administrative agency to a circuit panel, which decides based on the trial record, briefs, and oral argument; the process is governed by the Federal Rules of Appellate Procedure. Panels issue opinions, memoranda, or unpublished dispositions; precedential published opinions appear in reporters such as the Federal Reporter. Parties may seek rehearing en banc or petition for certiorari to the Supreme Court of the United States under the Court’s discretionary docket. Circuit practice varies in citation norms, oral-argument practices, and the use of staff attorneys and law clerks—practices shaped by doctrinal areas like patent law under the Patent Act and statutory interpretation under the Administrative Procedure Act.
The modern structure arose from reforms responding to caseload pressures in the late 19th century, culminating in the Judiciary Act of 1891 (Evarts Act), which created the United States courts of appeals to relieve the Supreme Court of the United States’s docket. Earlier antecedents include the circuit riding of justices established under the Judiciary Act of 1789 and the creation of regional circuits tied to territorial expansion during the Westward Expansion era. Subsequent legislation such as the Judicial Code of 1911 and the Federal Courts Improvement Act of 1982 refined jurisdictional allocation, producing specialized review in patents, government contracts, and Veterans' Affairs matters that centralized appeals in the Federal Circuit.
Circuit opinions have shaped national law in landmark areas: the Second Circuit influenced securities law through decisions referencing the Securities Exchange Act of 1934; the Ninth Circuit issued influential rulings on immigration and Fourth Amendment protections; the D.C. Circuit has been pivotal in administrative law cases involving the Administrative Procedure Act and agencies like the Federal Communications Commission and the Environmental Protection Agency. Decisions such as those affecting the Affordable Care Act, Voting Rights Act of 1965 litigation, and patent standards under the Patent Act often begin in the circuits and reach the Supreme Court of the United States for final resolution. Circuits’ divergent interpretations can create circuit splits that prompt Supreme Court review on constitutional issues including the Commerce Clause and Due Process Clause.
Critics cite caseload disparities among circuits, notably the heavy docket of the Ninth Circuit, and propose reforms including circuit subdivision, increased judgeships, and changes to en banc procedures; proposals have been debated in hearings before committees such as the United States Senate Judiciary Committee and among commentators connected to institutions like the Federalist Society and the American Constitution Society. Other reform ideas involve altering the confirmation process referenced in disputes involving the Appointments Clause and adjusting the use of unpublished opinions and precedential designation, issues discussed in reports by the American Bar Association and in scholarship from law schools such as Harvard Law School and Yale Law School.