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United States Circuit Courts of Appeals

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Parent: Judiciary Act of 1891 Hop 5
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United States Circuit Courts of Appeals
NameUnited States Circuit Courts of Appeals
Established1891
CountryUnited States
TypePresidential nomination with Senate confirmation
AuthorityArticle III of the Constitution of the United States
Terms"During good Behaviour" (life tenure)
Positions179 active judgeships (statutory)
Appeals toSupreme Court of the United States

United States Circuit Courts of Appeals are the intermediate federal appellate courts that review decisions from federal district courts, administrative agencies, and certain federal tribunals. Created by statute and grounded in the Constitution of the United States, the courts serve as the principal forums for federal appellate adjudication and shape doctrine affecting Civil Rights Act of 1964, Antitrust laws of the United States, Administrative Procedure Act, and other prominent statutes. Judges are nominated by the President of the United States and confirmed by the United States Senate, and the courts' rulings are subject to discretionary review by the Supreme Court of the United States.

History

Congress established the modern circuit courts through the Judiciary Act of 1891 (the Evarts Act), responding to caseload pressures after the passage of statutes such as the Interstate Commerce Act and the Sherman Antitrust Act. Earlier iterations of circuit riding trace to the Judiciary Act of 1789 and the restructuring under the Judiciary Act of 1801, which involved figures like John Marshall and controversies referenced by opponents including Thomas Jefferson. The 20th century saw notable institutional developments during administrations of William McKinley, Franklin D. Roosevelt, and Woodrow Wilson as caseload growth from New Deal legislation and wartime statutes required expansion of judgeships and procedural reforms, intersecting with decisions involving parties such as Standard Oil and Brown v. Board of Education issues that shaped appellate policing of constitutional claims.

Organization and Jurisdiction

The circuit courts are arranged into regional circuits (First through Eleventh and the D.C. Circuit) plus the specialized United States Court of Appeals for the Federal Circuit. Jurisdictional grant stems from statutes enacted by Congress and interpretation by the Supreme Court of the United States, and the circuits exercise appellate jurisdiction over final decisions of the United States District Courts within their boundaries, and interlocutory orders in matters touching statutes like the Federal Arbitration Act and the Bankruptcy Code. The circuits also review decisions of agencies including the Securities and Exchange Commission, the National Labor Relations Board, and the Social Security Administration, and their jurisdictional contours have been refined through cases involving doctrines from the Administrative Procedure Act and the Commerce Clause jurisprudence.

Composition and Judges

Each circuit's bench consists of active judges, senior judges, and occasionally judges-designated-to-sit-by-assignment, with statutory numbers set by Congress and influenced by political considerations stemming from nominations by presidents such as Barack Obama, George W. Bush, Bill Clinton, Ronald Reagan, and Donald Trump. Judges hold life tenure under the Constitution of the United States and may assume senior status under rules derived from the Federal Judicial Center's guidelines. Prominent jurists elevated from the circuits to the Supreme Court of the United States include Thurgood Marshall, Antonin Scalia, Sonia Sotomayor, Samuel Alito, and Stephen Breyer. The circuits also intersect with the Judicial Conference of the United States on administrative matters, and with bodies like the Federal Judicial Center for education and research.

Procedure and Practice

Appellate panels typically consist of three judges, though en banc review—full-court consideration—varies by circuit with differences highlighted by the influential practices of the Ninth Circuit and the D.C. Circuit. Briefing, oral argument, and opinion issuance follow procedures shaped by the Federal Rules of Appellate Procedure and local rules adopted under statutory authority, while standards of review (de novo, clearly erroneous, abuse of discretion) derive from precedent such as decisions by the Supreme Court of the United States and circuit precedents on matters like habeas corpus under the Antiterrorism and Effective Death Penalty Act of 1996. Case selection includes certiorari-type discretion at the Supreme Court level, and procedural devices such as motions for summary judgment, stays, and injunctions frequently implicate doctrines articulated in cases like those involving the Civil Rights Act of 1964 and the Patent Act.

Notable Decisions and Impact

Circuit courts have produced seminal rulings affecting constitutional law, statutory interpretation, and administrative governance. Examples include influential injunction and preemption rulings involving parties and statutes that later shaped Supreme Court review in matters related to the Affordable Care Act, Voting Rights Act of 1965 challenges, and patent disputes involving the United States Patent and Trademark Office. Circuit decisions created doctrinal lines in areas spanning securities regulation under the Securities Exchange Act of 1934, labor law involving the National Labor Relations Board, and immigration law under statutes such as the Immigration and Nationality Act. Many circuit rulings prompted certiorari grants by the Supreme Court of the United States in high-profile cases featuring litigants like Apple Inc., Google LLC, Microsoft Corporation, and government actors including the Department of Justice.

Criticisms and Reform proposals

Critics point to perceived ideological imbalances tied to appointments by presidents like Franklin D. Roosevelt and more recent occupants nominated by George H. W. Bush through Joe Biden, concerns about inconsistent circuit splits exemplified by opposing rulings from the Second Circuit and the Ninth Circuit, and debates over en banc pools and government of the judiciary organization raised by commentators and scholars at institutions such as the American Bar Association and the Brookings Institution. Reform proposals range from increasing judgeships, changing life tenure to term limits proposed by scholars associated with Harvard Law School and Yale Law School, to structural ideas like introducing intermediate en banc mechanisms inspired by comparative models in the United Kingdom and the European Court of Human Rights. Legislative initiatives have been debated in Congress including commissions modeled after reforms from the era of Warren G. Harding and proposals by members of the United States Senate and the United States House of Representatives to adjust jurisdiction and appointment processes.

Category:United States federal courts