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United States courts of appeals

Updated: Wikipedia source

United States courts of appeals

The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the entire United States in cases involving certain specialized areas of law. The United States courts of appeals are considered the most powerful and influential courts in the United States after the Supreme Court. Because of their ability to set legal precedent in regions that cover millions of Americans, the United States courts of appeals have strong policy influence on U.S. law. Moreover, because the Supreme Court chooses to review fewer than 3% of the 7,000 to 8,000 cases filed with it annually, the U.S. courts of appeals as a practical matter serve as the final arbiter on the vast majority of federal cases. There are 179 judgeships on the U.S. courts of appeals authorized by Congress in 28 U.S.C. § 43 pursuant to Article III of the U.S. Constitution. Like other federal judges, they are nominated by the president of the United States and confirmed by the United States Senate. They have lifetime tenure, earning (as of 2023) an annual salary of $246,600. The actual number of judges in service varies, both because of vacancies and because senior judges who continue to hear cases are not counted against the number of authorized judgeships. Decisions of the U.S. courts of appeals have been published by the private company West Publishing in the Federal Reporter series since the courts were established. Only decisions that the courts designate for publication are included. The "unpublished" opinions (of all but the Fifth and Eleventh Circuits) are published separately in West's Federal Appendix, and they are also available in on-line databases like LexisNexis or Westlaw. More recently, court decisions have also been made available electronically on official court websites. However, there are also a few federal court decisions that are classified for national security reasons. The circuit with the fewest appellate judges is the First Circuit, and the one with the most appellate judges is the geographically large and populous Ninth Circuit in the West. The number of judges that the U.S. Congress has authorized for each circuit is set forth by law in 28 U.S.C. § 44, while the places where those judges must regularly sit to hear appeals are prescribed in 28 U.S.C. § 48. Although the courts of appeals are frequently called "circuit courts", they should not be confused with the former United States circuit courts, which were active from 1789 through 1911, during the time when long-distance transportation was much less available, and which were primarily first-level federal trial courts that moved periodically from place to place in "circuits" in order to serve the dispersed population in towns and the smaller cities that existed then. The "courts of appeals" system was established in the Judiciary Act of 1891.

Tables

· Circuit population
D.C. Circuit
D.C. Circuit
Circuit
D.C. Circuit
Supervising justice
Roberts
Authorized judges
11
Population
689,545
Percentage of US population
0.21%
Population per authorized judge
62,685
1st Circuit
1st Circuit
Circuit
1st Circuit
Supervising justice
Jackson
Authorized judges
6
Population
14,153,058
Percentage of US population
4.23%
Population per authorized judge
2,358,843
2nd Circuit
2nd Circuit
Circuit
2nd Circuit
Supervising justice
Sotomayor
Authorized judges
13
Population
24,450,270
Percentage of US population
7.30%
Population per authorized judge
1,880,790
3rd Circuit
3rd Circuit
Circuit
3rd Circuit
Supervising justice
Alito
Authorized judges
14
Population
23,368,788
Percentage of US population
6.98%
Population per authorized judge
1,669,199
4th Circuit
4th Circuit
Circuit
4th Circuit
Supervising justice
Roberts
Authorized judges
15
Population
32,160,146
Percentage of US population
9.61%
Population per authorized judge
2,144,010
5th Circuit
5th Circuit
Circuit
5th Circuit
Supervising justice
Alito
Authorized judges
17
Population
36,764,541
Percentage of US population
10.97%
Population per authorized judge
2,162,620
6th Circuit
6th Circuit
Circuit
6th Circuit
Supervising justice
Kavanaugh
Authorized judges
16
Population
33,293,455
Percentage of US population
9.94%
Population per authorized judge
2,080,841
7th Circuit
7th Circuit
Circuit
7th Circuit
Supervising justice
Barrett
Authorized judges
11
Population
25,491,754
Percentage of US population
7.60%
Population per authorized judge
2,317,432
8th Circuit
8th Circuit
Circuit
8th Circuit
Supervising justice
Kavanaugh
Authorized judges
11
Population
21,690,565
Percentage of US population
6.47%
Population per authorized judge
1,971,870
9th Circuit
9th Circuit
Circuit
9th Circuit
Supervising justice
Kagan
Authorized judges
29
Population
67,050,034
Percentage of US population
20.01%
Population per authorized judge
2,312,070
10th Circuit
10th Circuit
Circuit
10th Circuit
Supervising justice
Gorsuch
Authorized judges
12
Population
18,636,936
Percentage of US population
5.56%
Population per authorized judge
1,553,078
11th Circuit
11th Circuit
Circuit
11th Circuit
Supervising justice
Thomas
Authorized judges
12
Population
37,274,374
Percentage of US population
11.13%
Population per authorized judge
3,106,198
Federal Circuit
Federal Circuit
Circuit
Federal Circuit
Supervising justice
Roberts
Authorized judges
12
Population
N/A
Percentage of US population
N/A
Population per authorized judge
N/A
Total
Total
Circuit
Total
Supervising justice
9
Authorized judges
179
Population
335,023,466
Percentage of US population
100%
Population per authorized judge
~1,871,639
Circuit
Supervising justice
Authorized judges
Population
Percentage of US population
Population per authorized judge
Circuit
Roberts
11
689,545
0.21%
62,685
1st Circuit
Jackson
6
14,153,058
4.23%
2,358,843
2nd Circuit
Sotomayor
13
24,450,270
7.30%
1,880,790
3rd Circuit
Alito
14
23,368,788
6.98%
1,669,199
4th Circuit
Roberts
15
32,160,146
9.61%
2,144,010
5th Circuit
Alito
17
36,764,541
10.97%
2,162,620
6th Circuit
Kavanaugh
16
33,293,455
9.94%
2,080,841
7th Circuit
Barrett
11
25,491,754
7.60%
2,317,432
8th Circuit
Kavanaugh
11
21,690,565
6.47%
1,971,870
9th Circuit
Kagan
29
67,050,034
20.01%
2,312,070
10th Circuit
Gorsuch
12
18,636,936
5.56%
1,553,078
11th Circuit
Thomas
12
37,274,374
11.13%
3,106,198
Federal Circuit
Roberts
12
N/A
N/A
N/A
Total
9
179
335,023,466
100%
~1,871,639
· History
New Hampshire
New Hampshire
State
New Hampshire
Judicial District(s) created
1789
Circuit assignment(s)
Eastern, 1789–18011st, 1801–
Massachusetts
Massachusetts
State
Massachusetts
Judicial District(s) created
1789
Circuit assignment(s)
Eastern, 1789–18011st, 1801–
Maine
Maine
State
Maine
Judicial District(s) created
1789
Circuit assignment(s)
Eastern, 1789–18011st, 1801–18201st, 1820–
Rhode Island
Rhode Island
State
Rhode Island
Judicial District(s) created
1790
Circuit assignment(s)
Eastern, 1790–18011st, 1801–
Connecticut
Connecticut
State
Connecticut
Judicial District(s) created
1789
Circuit assignment(s)
Eastern, 1789–18012nd, 1801–
New York
New York
State
New York
Judicial District(s) created
1789
Circuit assignment(s)
Eastern, 1789–18012nd, 1801–
New Jersey
New Jersey
State
New Jersey
Judicial District(s) created
1789
Circuit assignment(s)
Middle, 1789–18013rd, 1801–
Pennsylvania
Pennsylvania
State
Pennsylvania
Judicial District(s) created
1789
Circuit assignment(s)
Middle, 1789–18013rd, 1801–
Delaware
Delaware
State
Delaware
Judicial District(s) created
1789
Circuit assignment(s)
Middle, 1789–18013rd, 1801–18024th, 1802–18663rd, 1866–
Maryland
Maryland
State
Maryland
Judicial District(s) created
1789
Circuit assignment(s)
Middle, 1789–18014th, 1801–
Virginia
Virginia
State
Virginia
Judicial District(s) created
1789
Circuit assignment(s)
Middle, 1789–18014th, 1801–18025th, 1802–18424th, 1842–
Kentucky
Kentucky
State
Kentucky
Judicial District(s) created
1789
Circuit assignment(s)
6th, 1801–18027th, 1807–18378th, 1837–18636th, 1863–
North Carolina
North Carolina
State
North Carolina
Judicial District(s) created
1790
Circuit assignment(s)
Southern, 1790–18015th, 1801–18426th, 1842–18634th, 1863–
South Carolina
South Carolina
State
South Carolina
Judicial District(s) created
1789
Circuit assignment(s)
Southern, 1789–18015th, 1801–18026th, 1802–18635th, 1863–18664th, 1866–
Georgia
Georgia
State
Georgia
Judicial District(s) created
1789
Circuit assignment(s)
Southern, 1789–18015th, 1801–18026th, 1802–18635th, 1863–198111th, 1981–
Vermont
Vermont
State
Vermont
Judicial District(s) created
1791
Circuit assignment(s)
Eastern, 1791–18012nd, 1801–
Tennessee
Tennessee
State
Tennessee
Judicial District(s) created
1796
Circuit assignment(s)
6th, 1801–18027th, 1807–18378th, 1837–18636th, 1863–
Ohio
Ohio
State
Ohio
Judicial District(s) created
1801 (abolished 1802)
Circuit assignment(s)
6th, 1801–1802
Ohio
Ohio
State
Ohio
Judicial District(s) created
1803
Circuit assignment(s)
7th, 1807–18666th, 1866–
Louisiana
Louisiana
State
Louisiana
Judicial District(s) created
1812
Circuit assignment(s)
9th, 1837–1842 (Eastern District)5th, 1842–18636th, 1863–18665th, 1866–
Indiana
Indiana
State
Indiana
Judicial District(s) created
1816
Circuit assignment(s)
7th, 1837–
Mississippi
Mississippi
State
Mississippi
Judicial District(s) created
1817
Circuit assignment(s)
9th, 1837–18635th, 1863–
Illinois
Illinois
State
Illinois
Judicial District(s) created
1818
Circuit assignment(s)
7th, 1837–18638th, 1863–18667th, 1866–
Alabama
Alabama
State
Alabama
Judicial District(s) created
1819
Circuit assignment(s)
9th, 1837–18425th, 1842–198111th, 1981–
Missouri
Missouri
State
Missouri
Judicial District(s) created
1821
Circuit assignment(s)
8th, 1837–18639th, 1863–18668th, 1866–
Arkansas
Arkansas
State
Arkansas
Judicial District(s) created
1836
Circuit assignment(s)
9th, 1837–18519th, 1851–1863 (Eastern District)6th, 1863–1866 (Eastern District)8th, 1866–
Michigan
Michigan
State
Michigan
Judicial District(s) created
1837
Circuit assignment(s)
7th, 1837–18638th, 1863–18666th, 1866–
Florida
Florida
State
Florida
Judicial District(s) created
1845
Circuit assignment(s)
5th, 1863–198111th, 1981–
Texas
Texas
State
Texas
Judicial District(s) created
1845
Circuit assignment(s)
6th, 1863–18665th, 1866–
Iowa
Iowa
State
Iowa
Judicial District(s) created
1846
Circuit assignment(s)
9th, 1863–18668th, 1866–
Wisconsin
Wisconsin
State
Wisconsin
Judicial District(s) created
1848
Circuit assignment(s)
8th, 1863–18667th, 1866–
California
California
State
California
Judicial District(s) created
1850
Circuit assignment(s)
California Circuit, 1855–186310th, 1863–18669th, 1866–
Minnesota
Minnesota
State
Minnesota
Judicial District(s) created
1858
Circuit assignment(s)
9th, 1863–18668th, 1866–
Oregon
Oregon
State
Oregon
Judicial District(s) created
1859
Circuit assignment(s)
10th, 1863–18669th, 1866–
Kansas
Kansas
State
Kansas
Judicial District(s) created
1861
Circuit assignment(s)
9th, 1863–18668th, 1866–192910th, 1929–
West Virginia
West Virginia
State
West Virginia
Judicial District(s) created
1863
Circuit assignment(s)
4th, 1863–
Nevada
Nevada
State
Nevada
Judicial District(s) created
1864
Circuit assignment(s)
9th, 1866–
Nebraska
Nebraska
State
Nebraska
Judicial District(s) created
1867
Circuit assignment(s)
8th, 1867–
Colorado
Colorado
State
Colorado
Judicial District(s) created
1876
Circuit assignment(s)
8th, 1876–192910th, 1929–
North Dakota
North Dakota
State
North Dakota
Judicial District(s) created
1889
Circuit assignment(s)
8th, 1889–
South Dakota
South Dakota
State
South Dakota
Judicial District(s) created
1889
Circuit assignment(s)
8th, 1889–
Montana
Montana
State
Montana
Judicial District(s) created
1889
Circuit assignment(s)
9th, 1889–
Washington
Washington
State
Washington
Judicial District(s) created
1889
Circuit assignment(s)
9th, 1889–
Idaho
Idaho
State
Idaho
Judicial District(s) created
1890
Circuit assignment(s)
9th, 1890–
Wyoming
Wyoming
State
Wyoming
Judicial District(s) created
1890
Circuit assignment(s)
8th, 1890–192910th, 1929–
Utah
Utah
State
Utah
Judicial District(s) created
1896
Circuit assignment(s)
8th, 1896–192910th, 1929–
Oklahoma
Oklahoma
State
Oklahoma
Judicial District(s) created
1907
Circuit assignment(s)
8th, 1907–192910th, 1929–
New Mexico
New Mexico
State
New Mexico
Judicial District(s) created
1912
Circuit assignment(s)
8th, 1912–192910th, 1929–
Arizona
Arizona
State
Arizona
Judicial District(s) created
1912
Circuit assignment(s)
9th, 1912–
District of Columbia
District of Columbia
State
District of Columbia
Judicial District(s) created
1948
Circuit assignment(s)
District of Columbia Circuit, 1948–
Alaska
Alaska
State
Alaska
Judicial District(s) created
1959
Circuit assignment(s)
9th, 1959–
Hawaii
Hawaii
State
Hawaii
Judicial District(s) created
1959
Circuit assignment(s)
9th, 1959–
Puerto Rico
Puerto Rico
State
Puerto Rico
Judicial District(s) created
1966
Circuit assignment(s)
1st, 1966–
State
Judicial District(s) created
Circuit assignment(s)
New Hampshire
1789
Eastern, 1789–18011st, 1801–
Massachusetts
1789
Eastern, 1789–18011st, 1801–
Maine
1789
Eastern, 1789–18011st, 1801–18201st, 1820–
Rhode Island
1790
Eastern, 1790–18011st, 1801–
Connecticut
1789
Eastern, 1789–18012nd, 1801–
New York
1789
Eastern, 1789–18012nd, 1801–
New Jersey
1789
Middle, 1789–18013rd, 1801–
Pennsylvania
1789
Middle, 1789–18013rd, 1801–
Delaware
1789
Middle, 1789–18013rd, 1801–18024th, 1802–18663rd, 1866–
Maryland
1789
Middle, 1789–18014th, 1801–
Virginia
1789
Middle, 1789–18014th, 1801–18025th, 1802–18424th, 1842–
Kentucky
1789
6th, 1801–18027th, 1807–18378th, 1837–18636th, 1863–
North Carolina
1790
Southern, 1790–18015th, 1801–18426th, 1842–18634th, 1863–
South Carolina
1789
Southern, 1789–18015th, 1801–18026th, 1802–18635th, 1863–18664th, 1866–
Georgia
1789
Southern, 1789–18015th, 1801–18026th, 1802–18635th, 1863–198111th, 1981–
Vermont
1791
Eastern, 1791–18012nd, 1801–
Tennessee
1796
6th, 1801–18027th, 1807–18378th, 1837–18636th, 1863–
Ohio
1801 (abolished 1802)
6th, 1801–1802
Ohio
1803
7th, 1807–18666th, 1866–
Louisiana
1812
9th, 1837–1842 (Eastern District)5th, 1842–18636th, 1863–18665th, 1866–
Indiana
1816
7th, 1837–
Mississippi
1817
9th, 1837–18635th, 1863–
Illinois
1818
7th, 1837–18638th, 1863–18667th, 1866–
Alabama
1819
9th, 1837–18425th, 1842–198111th, 1981–
Missouri
1821
8th, 1837–18639th, 1863–18668th, 1866–
Arkansas
1836
9th, 1837–18519th, 1851–1863 (Eastern District)6th, 1863–1866 (Eastern District)8th, 1866–
Michigan
1837
7th, 1837–18638th, 1863–18666th, 1866–
Florida
1845
5th, 1863–198111th, 1981–
Texas
1845
6th, 1863–18665th, 1866–
Iowa
1846
9th, 1863–18668th, 1866–
Wisconsin
1848
8th, 1863–18667th, 1866–
California
1850
California Circuit, 1855–186310th, 1863–18669th, 1866–
Minnesota
1858
9th, 1863–18668th, 1866–
Oregon
1859
10th, 1863–18669th, 1866–
Kansas
1861
9th, 1863–18668th, 1866–192910th, 1929–
West Virginia
1863
4th, 1863–
Nevada
1864
9th, 1866–
Nebraska
1867
8th, 1867–
Colorado
1876
8th, 1876–192910th, 1929–
North Dakota
1889
8th, 1889–
South Dakota
1889
8th, 1889–
Montana
1889
9th, 1889–
Washington
1889
9th, 1889–
Idaho
1890
9th, 1890–
Wyoming
1890
8th, 1890–192910th, 1929–
Utah
1896
8th, 1896–192910th, 1929–
Oklahoma
1907
8th, 1907–192910th, 1929–
New Mexico
1912
8th, 1912–192910th, 1929–
Arizona
1912
9th, 1912–

References

  1. These are article IV territorial courts and are therefore not part of the federal judiciary.
  2. These are article I tribunals and are therefore not part of the federal judiciary.
  3. The Federal Circuit also has appellate jurisdiction over certain claims filed in any district court.
  4. These are administrative bodies within the executive branch and are therefore not part of the federal judiciary.
  5. This is an administrative body within the legislative branch and therefore not part of the federal judiciary.
  6. Per 28 U.S.C. § 1295 - The Federal Circuit's jurisdiction is not based on geography; rather, the Federal Circuit has jur
    https://www.law.cornell.edu/uscode/text/28/1295
  7. Per 28 U.S.C. § 42 - A justice may be assigned to more than one circuit, and two or more justices may be assigned to the
    https://www.law.cornell.edu/uscode/text/28/42
  8. This figure includes the 50 states, D.C., Puerto Rico, Guam, and the Northern Mariana Islands, even though the latter tw
  9. The Judiciary Act of 1789 divided Massachusetts into the Maine District, comprising what is now the State of Maine, and
  10. The Judiciary Act of 1789 divided Virginia into the Kentucky District, comprising what is now the Commonwealth of Kentuc
  11. The first District of Ohio encompassed the Northwest and Indiana Territories.
  12. The pre-existing courts of the District of Columbia were elevated to United States district court and court of appeals s
  13. The pre-existing territorial district court of Puerto Rico was elevated to United States district court status. Appellat
  14. The assignment of judicial circuits is defined by 28 U.S.C. § 41, along with 48 U.S.C. § 1821 which specifies that the N
    https://www.law.cornell.edu/uscode/text/28/41
  15. Encyclopædia Britannica
    https://www.britannica.com/topic/United-States-Court-of-Appeals
  16. Executive Office for United States Attorneys
    https://www.justice.gov/usao/justice-101/federal-courts
  17. Administrative Office of the U.S. Courts on behalf of the Federal Judiciary
    https://www.uscourts.gov/about-federal-courts/court-role-and-structure
  18. "The Supreme Court at Work: The Term and Caseload"
    https://www.supremecourt.gov/about/courtatwork.aspx
  19. Judicial Compensation U.S. Courts. Retrieved 6 July 2023.
    http://www.uscourts.gov/judges-judgeships/judicial-compensation
  20. The U.S. Courts of Appeals and the Federal Judiciary, History of the Federal Judiciary, Federal Judicial Center (last vi
    http://www.fjc.gov/history/home.nsf/page/courts_of_appeals.html
  21. United States Court of Appeals 2nd Circuit
    https://www.ca2.uscourts.gov/clerk/case_filing/rules/title7/iop_35_1.html
  22. Rule 35-3 of the Federal Rules of Appellate Procedure, Ninth Circuit Rules. http://cdn.ca9.uscourts.gov/datastore/upload
    http://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf
  23. International and Comparative Law Quarterly
    https://www.cambridge.org/core/product/identifier/S0020589325101115/type/journal_article
  24. United States v. Nixon, 418 U.S. 683 (1974)
    https://supreme.justia.com/cases/federal/us/418/683/
  25. United States v. Booker, 543 U.S. 220 (2005)
    https://supreme.justia.com/cases/federal/us/543/220/
  26. Aaron Nielson, "The Death of the Supreme Court's Certified Question Jurisdiction", 59 Cath. U. L. Rev. 483 (2010).
    http://scholarship.law.edu/lawreview/vol59/iss2/5
  27. Google Scholar
    https://scholar.google.com/scholar_case?case=1168702538983650859
  28. Blakely v. Washington, 542 U.S. 296 (2004)
    https://supreme.justia.com/cases/federal/us/542/296/
  29. Casetext
    https://web.archive.org/web/20201023053454/https://casetext.com/case/united-states-v-penaranda
  30. Google Scholar
    https://scholar.google.com/scholar_case?case=3104185993082864262&q=%22455+US+283%22&hl=en&as_sdt=6,33
  31. Legal Information Institute
    https://www.law.cornell.edu/uscode/text/28/158
  32. Bradley v. Richmond Sch. Bd., 416 U.S. 696, 711-12 (1974)
  33. Judicial Discipline Process: An Overview
    https://fas.org/sgp/crs/misc/R41758.pdf
  34. 28 U.S.C. § 332
    https://www.law.cornell.edu/uscode/text/28/332
  35. 28 U.S.C. § 332(g)
    https://www.law.cornell.edu/uscode/text/28/332(g)
  36. 28 U.S.C. § 332(1)(a)
    https://www.law.cornell.edu/uscode/text/28/332(1)(a)
  37. Census.gov
    https://www.census.gov/library/visualizations/interactive/2020-population-and-housing-state-data.html
  38. "Geographic Boundaries of US Courts of Appeals and US District Courts"
    https://www.uscourts.gov/sites/default/files/u.s._federal_courts_circuit_map_1.pdf
  39. supremecourt.gov
    https://www.supremecourt.gov/about/circuitassignments.aspx
  40. www.gao.gov
    https://www.gao.gov/assets/gao-08-655.pdf
  41. Law in American History, Volume 1: From the Colonial Years Through the Civil War
    https://books.google.com/books?id=-xNmdt2BNRIC&pg=PA197
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