View source for United States courts of appeals

{{short description|Post-1891 U.S. appellate circuit courts}}
{{About|the federal appellate court system in place since 1912|the pre-1912 system|United States circuit court}}
{{Use mdy dates|date=July 2021}}
[[File:US Court of Appeals and District Court map.svg|thumb|upright=1.75|right|Map of the geographic boundaries of the various United States courts of appeals (numbered and colored) and United States district courts (marked by state boundaries or dotted lines)]]
{{Politics of the United States}}

The '''United States courts of appeals''' are the intermediate [[appellate court]]s of the [[United States federal judiciary]]. They hear appeals of cases from the [[United States district court]]s and some [[List of federal agencies in the United States|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".<ref name="statute">The assignment of judicial circuits is defined by {{USC|28|41}}, along with {{USC|48|1821}} which specifies that the [[District Court for the Northern Mariana Islands|Northern Mariana Islands]] falls within the same judicial circuit as [[District_Court_of_Guam|Guam]].</ref><ref>{{Cite web |last=Brian Duignan, Gloria Lotha |date=1998-07-20 |title=United States Court of Appeals |url=https://www.britannica.com/topic/United-States-Court-of-Appeals |access-date=2024-02-10 |website=[[Encyclopædia Britannica]]}}</ref><ref>{{Cite web |last=[[United States Department of Justice|U.S. Department of Justice]] |title=Introduction To The Federal Court System |url=https://www.justice.gov/usao/justice-101/federal-courts |website=Executive Office for United States Attorneys}}</ref><ref>{{Cite web |title=Court Role and Structure |url=https://www.uscourts.gov/about-federal-courts/court-role-and-structure |website=[[Administrative Office of the United States Courts|Administrative Office of the U.S. Courts]] on behalf of the [[Federal judiciary of the United States|Federal Judiciary]]}}</ref> Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear [[appeal]]s from the [[United States district court|U.S. district court]]s within their borders. The [[United States Court of Appeals for the District of Columbia Circuit|District of Columbia Circuit]] covers only [[Washington, D.C.|Washington, DC]]. The [[United States Court of Appeals for the Federal Circuit|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,<ref>
{{cite web |url=https://www.supremecourt.gov/about/courtatwork.aspx |title= The Supreme Court at Work: The Term and Caseload |publisher=United States Supreme Court |access-date=September 12, 2021 |quote=Plenary review, with oral arguments by attorneys, is granted in about 80 of those cases each Term, and the Court typically disposes of about 100 or more cases without plenary review.}}</ref> the U.S. courts of appeals serve as the final arbiter on most federal cases.

There are [[List of current United States Circuit Judges|179 judgeships]] on the U.S. courts of appeals authorized by Congress in {{usc|28|43}} pursuant to [[Article Three of the United States Constitution|Article III of the U.S. Constitution]]. Like other [[United States federal judge|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.<ref>[http://www.uscourts.gov/judges-judgeships/judicial-compensation Judicial Compensation] U.S. Courts. Retrieved 6 July 2023.</ref> The actual number of judges in service varies, both because of vacancies and because [[senior judge]]s 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 (publisher)|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 [[United States Court of Appeals for the Fifth Circuit|Fifth]] and [[United States Court of Appeals for the Eleventh Circuit|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 [[United States Court of Appeals for the First Circuit|First Circuit]], and the one with the most appellate judges is the geographically large and populous [[United States Court of Appeals for the Ninth Circuit|Ninth Circuit]] in the West.  The number of judges that the [[United States Congress|U.S. Congress]] has authorized for each circuit is set forth by law in {{usc|28|44}}, while the places where those judges must regularly sit to hear appeals are prescribed in {{usc|28|48}}.

Although the courts of appeals are frequently called "circuit courts", they should not be confused with the former [[United States circuit court]]s, 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 court]]s 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]].<ref>[http://www.fjc.gov/history/home.nsf/page/courts_of_appeals.html The U.S. Courts of Appeals and the Federal Judiciary], ''History of the Federal Judiciary'', Federal Judicial Center (last visited March 5, 2014).</ref>

==Procedure==
Because the courts of appeals possess only appellate jurisdiction, they do not hold [[trial]]s. Only courts with [[original jurisdiction]] hold trials and thus determine punishments (in criminal cases) and remedies (in civil cases). Instead, appeals courts review decisions of trial courts for errors of law.{{Citation needed|date=September 2023}} Accordingly, an appeals court considers only the record (that is, the papers the parties filed and the transcripts and any exhibits from any trial) from the trial court, and the legal arguments of the parties.{{Citation needed|date=September 2023}} These arguments, which are presented in written form and can range in length from dozens to hundreds of pages, are known as [[Brief (law)|briefs]]. Sometimes lawyers are permitted to add to their written briefs with [[Oral argument in the United States|oral argument]]s before the appeals judges. At such hearings, only the parties' lawyers speak to the court.

The rules that govern the procedure in the courts of appeals are the [[Federal Rules of Appellate Procedure]]. In a court of appeals, an appeal is almost always heard by a "panel" of three judges who are randomly selected from the available judges (including senior judges and judges temporarily assigned to the circuit). Some cases, however, receive an ''[[en banc]]'' hearing. Except in the Ninth Circuit Court, the ''en banc'' court consists of all of the circuit judges who are on active status, but it does not include the senior or assigned judges (except that under some circumstances, a senior judge may participate in an ''en banc'' hearing who participated at an earlier stage of the same case).<ref>''See e.g.'' {{cite web |title=IOP 35.1. En Banc Poll and Decision |url=https://www.ca2.uscourts.gov/clerk/case_filing/rules/title7/iop_35_1.html |website=United States Court of Appeals 2nd Circuit |access-date=10 September 2020}}</ref> Because of the large number of Appellate Judges in the [[United States Court of Appeals for the Ninth Circuit|Ninth Circuit Court of Appeals]] (29), only ten judges, chosen at random, and the Chief Judge hear ''en banc'' cases.<ref>Rule 35-3 of the Federal Rules of Appellate Procedure, Ninth Circuit Rules. http://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf</ref>

Many decades ago, certain classes of federal court cases held the right of an automatic appeal to the [[Supreme Court of the United States]]. That is, one of the parties in the case could appeal a decision of a court of appeals to the Supreme Court, and it had to accept the case. The right of automatic appeal for most types of decisions of a court of appeals was ended by an Act of Congress, the [[Judiciary Act of 1925]], which also reorganized many other things in the federal court system. Passage of this law was urged by [[Chief Justice of the United States|Chief Justice]] [[William Howard Taft]].

The current procedure is that a party in a case may apply to the Supreme Court to review a ruling of the circuit court. This is called petitioning for a [[Certiorari|writ of certiorari]], and the Supreme Court may choose, in its sole discretion, to review any lower court ruling. In extremely rare cases, the Supreme Court may grant the writ of certiorari before the judgment is rendered by the court of appeals, thereby reviewing the lower court's ruling directly. [[Certiorari before judgment]] was granted in the [[Watergate scandal]]-related case, ''[[United States v. Nixon]]'',<ref>''United States v. Nixon'', {{ussc|418|683|1974}}</ref> and in the 2005 decision involving the [[United States Federal Sentencing Guidelines|Federal Sentencing Guidelines]], ''[[United States v. Booker]]''.<ref>''United States v. Booker'', {{ussc|543|220|2005}}</ref>

A court of appeals may also pose questions to the Supreme Court for a ruling in the midst of reviewing a case. This procedure was formerly used somewhat commonly, but now it is quite rare. For example, while between 1937 and 1946 twenty 'certificate' cases were accepted, since 1947 the Supreme Court has accepted only four.<ref>Aaron Nielson, "[http://scholarship.law.edu/lawreview/vol59/iss2/5 The Death of the Supreme Court's Certified Question Jurisdiction]", 59 Cath. U. L. Rev. 483 (2010).</ref> The Second Circuit, sitting ''en banc'', attempted to use this procedure in the case ''United States v. Penaranda'', 375 F.3d 238 (2d Cir. 2004),<ref>{{Cite web|url=https://scholar.google.com/scholar_case?case=1168702538983650859 |title=US v. Penaranda, 375 F. 3d 238 - Court of Appeals, 2nd Circuit 2004 |website= Google Scholar |url-status=live |archive-url=https://web.archive.org/web/20230919155351/https://scholar.google.com/scholar_case?case=1168702538983650859&q=%22375+F.3d+238%22&hl=en&as_sdt=6,33 |archive-date= Sep 19, 2023 }}</ref> as a result of the Supreme Court's decision in ''[[Blakely v. Washington]]'',<ref>''Blakely v. Washington'', {{ussc|542|296|2004}}</ref> but the Supreme Court dismissed the question.<ref>{{Cite web|url=https://casetext.com/case/united-states-v-penaranda|title=United States v. Penaranda, 543 U.S. 1117 |website=Casetext }}</ref> The last instance of the Supreme Court accepting a set of questions and answering them was in 1982's ''City of Mesquite v. Aladdin's Castle, Inc''.<ref>{{Cite web|url=https://scholar.google.com/scholar_case?case=3104185993082864262&q=%22455+US+283%22&hl=en&as_sdt=6,33|title=City of Mesquite v. Aladdin's Castle, Inc., 455 US 283 - Supreme Court 1982 |website= Google Scholar |url-status=live |archive-url=https://web.archive.org/web/20220801133104/https://scholar.google.com/scholar_case?case=3104185993082864262&q=%22455+US+283%22&hl=en&as_sdt=6,33 |archive-date= Aug 1, 2022 }}</ref>

A court of appeals may convene a [[Bankruptcy Appellate Panel]] to hear appeals in [[Bankruptcy in the United States|bankruptcy]] cases directly from the [[United States bankruptcy court|bankruptcy court]] of its circuit. {{As of|2008}}, only the [[United States Court of Appeals for the First Circuit|First]], [[United States Court of Appeals for the Sixth Circuit|Sixth]], [[United States Court of Appeals for the Eighth Circuit|Eighth]], [[United States Court of Appeals for the Ninth Circuit|Ninth]], and [[United States Court of Appeals for the Tenth Circuit|Tenth]] Circuits have established a Bankruptcy Appellate Panel. Those circuits that do not have a Bankruptcy Appellate Panel have their bankruptcy appeals heard by the district court.<ref>{{Cite web |title=28 U.S. Code § 158 - Appeals |url=https://www.law.cornell.edu/uscode/text/28/158 |website= Legal Information Institute |language=en |url-status=live |archive-url=https://web.archive.org/web/20230925111134/https://www.law.cornell.edu/uscode/text/28/158 |archive-date= Sep 25, 2023 }}</ref>

Courts of appeals decisions, unlike those of the lower federal courts, establish binding [[precedent]]s. Other federal courts in that circuit must, from that point forward, follow the appeals court's guidance in similar cases, regardless of whether the trial judge thinks that the case should be decided differently.

Federal and state laws can and do change from time to time, depending on the actions of Congress and the state legislatures. Therefore, the law that exists at the time of the appeal might be different from the law that existed at the time of the events that are in controversy under civil or criminal law in the case at hand. A court of appeals applies the law as it exists at the time of the appeal; otherwise, it would be handing down decisions that would be instantly obsolete, and this would be a waste of time and resources, since such decisions could not be cited as precedent. "[A] court is to apply the law in effect at the time it renders its decision, unless doing so would result in manifest injustice, or there is statutory direction or some legislative history to the contrary."<ref>''Bradley v. Richmond Sch. Bd.'', 416 U.S. 696, 711-12 (1974)</ref>

However, the above rule cannot apply in criminal cases if the effect of applying the newer law would be to create an [[ex post facto law|''ex post facto'' law]] to the detriment of the defendant.

Decisions made by the circuit courts only apply to the states within the court's oversight, though other courts may use the guidance issued by the circuit court in their own judgments. While a single case can only be heard by one circuit court, a core legal principle may be tried through multiple cases in separate circuit courts, creating an inconsistency between different parts of the United States. This creates a [[circuit split|split decision]] among the circuit courts. Often, if there is a split decision between two or more circuits, and a related case is petitioned to the Supreme Court, the Supreme Court will take that case as to resolve the split.

==Attorneys==
In order to serve as counsel in a case appealed to a circuit court, the attorney must first be admitted to the bar of that circuit. [[Admission to the bar in the United States|Admission to the bar]] of a circuit court is granted as a matter of course to any attorney who is admitted to practice law in any state of the United States. The attorney submits an application, pays a fee, and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the circuit, and most courts of appeals allow the applicant attorney to choose which method he or she prefers.

==Nomenclature==
When the courts of appeals were created in 1891, one was created for each of the [[United States circuit court|nine circuits then existing]], and each court was named the "United States Circuit Court of Appeals for the _____ Circuit". When a court of appeals was created for the District of Columbia in 1893, it was named the "Court of Appeals for the District of Columbia", and it was renamed to the "United States Court of Appeals for the District of Columbia" in 1934. In 1948, Congress renamed all of the courts of appeals then existing to their current formal names: the court of appeals for each numbered circuit was named the "United States Court of Appeals for the _____ Circuit", and the "United States Court of Appeals for the District of Columbia" became the "United States Court of Appeals for the District of Columbia Circuit". The Tenth Circuit was created in 1929 by subdividing the existing Eighth Circuit, and the Eleventh Circuit was created in 1981 by subdividing the existing Fifth Circuit. The Federal Circuit was created in 1982 by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims.

==Judicial councils==
{{main|Judicial council (United States)}}

Judicial councils are panels in each circuit that are charged with making "necessary and appropriate orders for the effective and expeditious administration of justice" within their circuits.<ref name=R41758>{{citation|title=Judicial Discipline Process: An Overview|first=Emily C.|last=Barbour|publisher=[[Congressional Research Service]]|date=April 7, 2011|url=https://fas.org/sgp/crs/misc/R41758.pdf}}</ref><ref>{{USC|28|332}}</ref> Among their responsibilities is judicial discipline, the formulation of circuit policy, the implementation of policy directives received from the [[Judicial Conference of the United States]], and the annual submission of a report to the [[Administrative Office of the United States Courts]] on the number and nature of orders entered during the year that relate to judicial misconduct.<ref name=R41758/><ref>{{USC|28|332(g)}}</ref> Judicial councils consist of the chief judge of the circuit and an equal number of circuit judges and district judges of the circuit.<ref name=R41758/><ref>{{USC|28|332(1)(a)}}</ref>

==Circuit composition==
[[File:US Court of Appeals and District Court map.svg|thumb|620px|center|Map of the boundaries of the United States courts of appeals and United States district courts]]
The courts of appeals, and the lower courts and specific other bodies over which they have appellate jurisdiction, are as follows:

{| style="width:90%;"
| style="vertical-align:top;" |
'''[[United States Court of Appeals for the First Circuit|First Circuit]]''' ([[Boston]])
*  [[United States District Court for the District of Maine|District of Maine]]
*  [[United States District Court for the District of Massachusetts|District of Massachusetts]]
*  [[United States District Court for the District of New Hampshire|District of New Hampshire]]
*  [[United States District Court for the District of Puerto Rico|District of Puerto Rico]]
*  [[United States District Court for the District of Rhode Island|District of Rhode Island]]
'''[[United States Court of Appeals for the Second Circuit|Second Circuit]]''' ([[New York City]])
* [[United States District Court for the District of Connecticut|District of Connecticut]]
* [[United States District Court for the Eastern District of New York|Eastern District of New York]]
* [[United States District Court for the Northern District of New York|Northern District of New York]]
* [[United States District Court for the Southern District of New York|Southern District of New York]]
* [[United States District Court for the Western District of New York|Western District of New York]]
* [[United States District Court for the District of Vermont|District of Vermont]]
'''[[United States Court of Appeals for the Third Circuit|Third Circuit]]''' ([[Philadelphia]])
* [[United States District Court for the District of Delaware|District of Delaware]]
* [[United States District Court for the District of New Jersey|District of New Jersey]]
* [[United States District Court for the Eastern District of Pennsylvania|Eastern District of Pennsylvania]]
* [[United States District Court for the Middle District of Pennsylvania|Middle District of Pennsylvania]]
* [[United States District Court for the Western District of Pennsylvania|Western District of Pennsylvania]]
* [[District Court of the Virgin Islands|District of the Virgin Islands]]<ref group="upper-alpha" name="Territorial court"/>
'''[[United States Court of Appeals for the Fourth Circuit|Fourth Circuit]]''' ([[Richmond, Virginia|Richmond]])
*[[United States District Court for the District of Maryland|District of Maryland]]
*[[United States District Court for the Eastern District of North Carolina|Eastern District of North Carolina]]
*[[United States District Court for the Middle District of North Carolina|Middle District of North Carolina]]
*[[United States District Court for the Western District of North Carolina|Western District of North Carolina]]
*[[United States District Court for the District of South Carolina|District of South Carolina]]
*[[United States District Court for the Eastern District of Virginia|Eastern District of Virginia]]
*[[United States District Court for the Western District of Virginia|Western District of Virginia]]
*[[United States District Court for the Northern District of West Virginia|Northern District of West Virginia]]
*[[United States District Court for the Southern District of West Virginia|Southern District of West Virginia]]
'''[[United States Court of Appeals for the Fifth Circuit|Fifth Circuit]]''' ([[New Orleans]])
* [[United States District Court for the Eastern District of Louisiana|Eastern District of Louisiana]]
* [[United States District Court for the Middle District of Louisiana|Middle District of Louisiana]]
* [[United States District Court for the Western District of Louisiana|Western District of Louisiana]]
* [[United States District Court for the Northern District of Mississippi|Northern District of Mississippi]]
* [[United States District Court for the Southern District of Mississippi|Southern District of Mississippi]]
* [[United States District Court for the Eastern District of Texas|Eastern District of Texas]]
* [[United States District Court for the Northern District of Texas|Northern District of Texas]]
* [[United States District Court for the Southern District of Texas|Southern District of Texas]]
* [[United States District Court for the Western District of Texas|Western District of Texas]]
| style="vertical-align:top;" |
'''[[United States Court of Appeals for the Sixth Circuit|Sixth Circuit]]''' ([[Cincinnati]])
* [[United States District Court for the Eastern District of Kentucky|Eastern District of Kentucky]]
* [[United States District Court for the Western District of Kentucky|Western District of Kentucky]]
* [[United States District Court for the Eastern District of Michigan|Eastern District of Michigan]]
* [[United States District Court for the Western District of Michigan|Western District of Michigan]]
* [[United States District Court for the Northern District of Ohio|Northern District of Ohio]]
* [[United States District Court for the Southern District of Ohio|Southern District of Ohio]]
* [[United States District Court for the Eastern District of Tennessee|Eastern District of Tennessee]]
* [[United States District Court for the Middle District of Tennessee|Middle District of Tennessee]]
* [[United States District Court for the Western District of Tennessee|Western District of Tennessee]]
'''[[United States Court of Appeals for the Seventh Circuit|Seventh Circuit]]''' ([[Chicago]])
* [[United States District Court for the Central District of Illinois|Central District of Illinois]]
* [[United States District Court for the Northern District of Illinois|Northern District of Illinois]]
* [[United States District Court for the Southern District of Illinois|Southern District of Illinois]]
* [[United States District Court for the Northern District of Indiana|Northern District of Indiana]]
* [[United States District Court for the Southern District of Indiana|Southern District of Indiana]]
* [[United States District Court for the Eastern District of Wisconsin|Eastern District of Wisconsin]]
* [[United States District Court for the Western District of Wisconsin|Western District of Wisconsin]]
'''[[United States Court of Appeals for the Eighth Circuit|Eighth Circuit]]''' ([[St. Louis]])
* [[United States District Court for the Eastern District of Arkansas|Eastern District of Arkansas]]
* [[United States District Court for the Western District of Arkansas|Western District of Arkansas]]
* [[United States District Court for the Northern District of Iowa|Northern District of Iowa]]
* [[United States District Court for the Southern District of Iowa|Southern District of Iowa]]
* [[United States District Court for the District of Minnesota|District of Minnesota]]
* [[United States District Court for the Eastern District of Missouri|Eastern District of Missouri]]
* [[United States District Court for the Western District of Missouri|Western District of Missouri]]
* [[United States District Court for the District of Nebraska|District of Nebraska]]
* [[United States District Court for the District of North Dakota|District of North Dakota]]
* [[United States District Court for the District of South Dakota|District of South Dakota]]
'''[[United States Court of Appeals for the Ninth Circuit|Ninth Circuit]]''' ([[San Francisco]])
* [[United States District Court for the District of Alaska|District of Alaska]]
* [[United States District Court for the District of Arizona|District of Arizona]]
* [[United States District Court for the Central District of California|Central District of California]]
* [[United States District Court for the Eastern District of California|Eastern District of California]]
* [[United States District Court for the Northern District of California|Northern District of California]]
* [[United States District Court for the Southern District of California|Southern District of California]]
* [[District Court of Guam|District of Guam]]<ref group="upper-alpha" name="Territorial court"/>
* [[United States District Court for the District of Hawaii|District of Hawaii]]
* [[United States District Court for the District of Idaho|District of Idaho]]
* [[United States District Court for the District of Montana|District of Montana]]
* [[United States District Court for the District of Nevada|District of Nevada]]
* [[District Court for the Northern Mariana Islands|District of the Northern Mariana Islands]]<ref group="upper-alpha" name="Territorial court"/>
* [[United States District Court for the District of Oregon|District of Oregon]]
* [[United States District Court for the Eastern District of Washington|Eastern District of Washington]]
* [[United States District Court for the Western District of Washington|Western District of Washington]]
| style="vertical-align:top;" |
'''[[United States Court of Appeals for the Tenth Circuit|Tenth Circuit]]''' ([[Denver]])
* [[United States District Court for the District of Colorado|District of Colorado]]
* [[United States District Court for the District of Kansas|District of Kansas]]
* [[United States District Court for the District of New Mexico|District of New Mexico]]
* [[United States District Court for the Eastern District of Oklahoma|Eastern District of Oklahoma]]
* [[United States District Court for the Northern District of Oklahoma|Northern District of Oklahoma]]
* [[United States District Court for the Western District of Oklahoma|Western District of Oklahoma]]
* [[United States District Court for the District of Utah|District of Utah]]
* [[United States District Court for the District of Wyoming|District of Wyoming]]
'''[[United States Court of Appeals for the Eleventh Circuit|Eleventh Circuit]]''' ([[Atlanta]])
* [[United States District Court for the Middle District of Alabama|Middle District of Alabama]]
* [[United States District Court for the Northern District of Alabama|Northern District of Alabama]]
* [[United States District Court for the Southern District of Alabama|Southern District of Alabama]]
* [[United States District Court for the Middle District of Florida|Middle District of Florida]]
* [[United States District Court for the Northern District of Florida|Northern District of Florida]]
* [[United States District Court for the Southern District of Florida|Southern District of Florida]]
* [[United States District Court for the Middle District of Georgia|Middle District of Georgia]]
* [[United States District Court for the Northern District of Georgia|Northern District of Georgia]]
* [[United States District Court for the Southern District of Georgia|Southern District of Georgia]]
'''[[United States Court of Appeals for the District of Columbia Circuit|District of Columbia Circuit]]''' ([[Washington, D.C.|Washington]])
*[[United States District Court for the District of Columbia|District of Columbia]]
*[[Alien Terrorist Removal Court]]
'''[[United States Court of Appeals for the Federal Circuit|Federal Circuit]]''' ([[Washington, D.C.|Washington]])
* Courts<ref group="upper-alpha" name="Federal Circuit"/>
** [[United States Court of Appeals for Veterans Claims|Court of Appeals for Veterans Claims]]<ref group="upper-alpha" name="Article I"/>
** [[United States Court of Federal Claims|Court of Federal Claims]]<ref group="upper-alpha" name="Article I"/>
** [[United States Court of International Trade|Court of International Trade]]
* Administrative agencies
** [[Armed Services Board of Contract Appeals]]<ref group="upper-alpha" name="Administrative"/>
** [[Bureau of Justice Assistance]]<ref group="upper-alpha" name="Administrative"/>
** [[Civilian Board of Contract Appeals]]<ref group="upper-alpha" name="Administrative"/>
** [[United States International Trade Commission|International Trade Commission]]<ref group="upper-alpha" name="Administrative"/>
** [[United States Merit Systems Protection Board|Merit Systems Protection Board]]<ref group="upper-alpha" name="Administrative"/>
** [[Office of Congressional Workplace Rights]]<ref group="upper-alpha" name="Congress"/>
** [[Patent Trial and Appeal Board]]<ref group="upper-alpha" name="Administrative"/>
** [[Government Accountability Office|Personnel Appeals Board]]<ref group="upper-alpha" name="Administrative"/>
** [[Trademark Trial and Appeal Board]]<ref group="upper-alpha" name="Administrative"/>
|}<br>

;Notes
{{Reflist|group=upper-alpha|refs=
<ref group="upper-alpha" name="Territorial court">These are [[Federal tribunals in the United States#Article IV tribunals|article IV]] [[United States territorial court|territorial courts]] and are therefore not part of the [[Federal judiciary of the United States|federal judiciary]].</ref>
<ref group="upper-alpha" name="Federal Circuit">The Federal Circuit also has appellate jurisdiction over certain claims filed in any district court.</ref>
<ref group="upper-alpha" name="Article I">These are [[Federal tribunals in the United States#Article I tribunals|article I]] tribunals and are therefore not part of the federal judiciary.</ref>
<ref group="upper-alpha" name="Administrative">These are administrative bodies within the executive branch and are therefore not part of the federal judiciary.</ref>
<ref group="upper-alpha" name="Congress">This is an administrative body within the legislative branch and therefore not part of the federal judiciary.</ref>
}}

==Circuit population==
Based on [[2020 United States Census]] figures, the population residing in each circuit is as follows.<ref>{{Cite web|last=US Census Bureau|title=2020 Population and Housing State Data|url=https://www.census.gov/library/visualizations/interactive/2020-population-and-housing-state-data.html|access-date=2022-01-21|website=Census.gov}}</ref><ref>{{Cite web|last=US Circuit Courts|title=Geographic Boundaries of US Courts of Appeals and US District Courts|url=https://www.uscourts.gov/sites/default/files/u.s._federal_courts_circuit_map_1.pdf}}</ref>
{| class="wikitable sortable" border="1" text-size:50%; text-align:center"
|-
! Circuit
! Supervising justice<ref>{{Cite web|last=Supreme Court of the United States|title=Circuit Assignments |url=https://www.supremecourt.gov/about/circuitassignments.aspx|access-date=2 March 2023|website=supremecourt.gov}}</ref>
! Authorized judges
! Population
! Percentage of US population
! Population per authorized judge
|- align="right"
|align="left"| D.C. Circuit
|align="center"| [[John Roberts|Roberts]]
| {{nts|11}}
| {{nts|689,545}}
| {{val|0.21|u=%}}
| {{nts|62,685}}
|- align="right"
|align="left"| 1st Circuit
|align="center"| [[Ketanji Brown Jackson|Jackson]]
| {{nts|6}}
| {{nts|14,153,058}}
| {{val|4.23|u=%}}
| {{nts| 2,358,843}}
|- align="right"
|align="left"| 2nd Circuit
|align="center"| [[Sonia Sotomayor|Sotomayor]]
| {{nts|13}}
| {{nts|24,450,270}}
| {{val|7.30|u=%}}
| {{nts| 1,880,790}}
|- align="right"
|align="left"| 3rd Circuit
|align="center"| [[Samuel Alito|Alito]]
| {{nts|14}}
| {{nts|23,368,788}}
| {{val|6.98|u=%}}
| {{nts|1,669,199}}
|- align="right"
|align="left"|4th Circuit
|align="center"| [[John Roberts|Roberts]]
| {{nts|15}}
| {{nts|32,160,146}}
| {{val|9.61|u=%}}
| {{nts|2,144,010}}
|- align="right"
|align="left"|5th Circuit
|align="center"| [[Samuel Alito|Alito]]
| {{nts|17}}
| {{nts|36,764,541}}
| {{val|10.97|u=%}}
| {{nts|2,162,620}}
|- align="right"
|align="left"| 6th Circuit
|align="center"| [[Brett Kavanaugh|Kavanaugh]]
| {{nts|16}}
| {{nts|33,293,455}}
| {{val|9.94|u=%}}
| {{nts|2,080,841}}
|- align="right"
|align="left"| 7th Circuit
|align="center"| [[Amy Coney Barrett|Barrett]]
| {{nts|11}}
| {{nts|25,491,754}}
| {{val|7.60|u=%}}
| {{nts|2,317,432}}
|- align="right"
|align="left"| 8th Circuit
|align="center"| [[Brett Kavanaugh|Kavanaugh]]
| {{nts|11}}
| {{nts|21,690,565}}
| {{val|6.47|u=%}}
| {{nts|1,971,870}}
|- align="right"
|align="left"| 9th Circuit
|align="center"| [[Elena Kagan|Kagan]]
| {{nts|29}}
| {{nts|67,050,034}}
| {{val|20.01|u=%}}
| {{nts|2,312,070}}
|- align="right"
|align="left"| 10th Circuit
|align="center"| [[Neil Gorsuch|Gorsuch]]
| {{nts|12}}
| {{nts|18,636,936}}
| {{val|5.56|u=%}}
| {{nts| 1,553,078}}
|- align="right"
|align="left"| 11th Circuit
|align="center"| [[Clarence Thomas|Thomas]]
| {{nts|12}}
| {{nts|37,274,374}}
| {{val|11.13|u=%}}
| {{nts|3,106,198}}
|- align="right"
|align="left"| Federal Circuit<ref group="Note">Per {{USC|28|1295}} - The Federal Circuit's jurisdiction is not based on geography; rather, the Federal Circuit has jurisdiction over the entire United States, for certain classes of cases.</ref>
|align="center"| [[John Roberts|Roberts]]
| {{nts|12}}
| N/A
| N/A
| N/A
|-
|-
! Total
!align="right"|  {{nts|9}} <ref group="Note">Per {{USC|28|42}} - A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit.</ref>
!align="right"| {{nts|179}}
!align="right"| {{nts|335,023,466}}<ref group="Note">This figure includes the 50 states, D.C., Puerto Rico, Guam, and the Northern Mariana Islands, even though the latter two's district courts are not federal courts per se as noted above. The Federal appeals process has never been codified in [[Judiciary of American Samoa|American Samoa]], and matters of federal law arising in American Samoa have generally been adjudicated in U.S. district courts in Hawaii or the District of Columbia. ''see also : GAO-08-1124T''</ref><ref>{{cite web |title=GAO-08-1124T |url=https://www.gao.gov/assets/gao-08-655.pdf |website=www.gao.gov |access-date=2 March 2023}}</ref>
!align="right"| {{val|100|u=%}}
!align="right"| ~{{nts|1,871,639}}
|}

;Notes
{{Reflist|group=Note|refs=
}}

==History==
The [[Judiciary Act of 1789]] established three circuits, which were groups of [[United States federal judicial district|judicial districts]] in which [[United States circuit court]]s were established.<ref name="White_Page_197">{{cite book |last1=White |first1=G. Edward |title=Law in American History, Volume 1: From the Colonial Years Through the Civil War |date=2012 |publisher=Oxford University Press |location=Oxford and New York |isbn=9780190634940 |page=197 |url=https://books.google.com/books?id=-xNmdt2BNRIC&pg=PA197 |access-date=January 16, 2022}}</ref> The original three circuits were given distinct names, rather than numbers: the Eastern, the Middle, and the Southern.<ref name="White_Page_197" />  Each circuit court consisted of two [[Supreme Court of the United States|Supreme Court]] justices and the local district judge; the three circuits existed solely for the purpose of assigning the justices to a group of circuit courts.  Some districts (generally the ones most difficult for an itinerant justice to reach) did not have a circuit court; in these districts the district court exercised the original jurisdiction of a circuit court.  As new states were admitted to the Union, Congress often did not create circuit courts for them for a number of years.

The number of circuits remained unchanged until the year after Rhode Island ratified the Constitution, when the [[Midnight Judges Act]] reorganized the districts into six numbered circuits, and created circuit judgeships so that Supreme Court justices would no longer have to ride circuit. This Act, however, was repealed in March 1802, and Congress provided that the former circuit courts would be revived as of July 1 of that year. But it then passed the new [[Judiciary Act of 1802]] in April, so that the revival of the old courts never took effect.  The 1802 Act restored circuit riding, but with only one justice to a circuit; it therefore created six new circuits, but with slightly different compositions than the 1801 Act. These six circuits later were augmented by others. Until 1866, each new circuit (except the short-lived California Circuit) was accompanied by a newly created Supreme Court seat.

{| class="wikitable"
! State !! Judicial District(s) created !! Circuit assignment(s)
|-
|[[New Hampshire]]
|1789
|Eastern, 1789–1801<br />1st, 1801–
|-
|[[Massachusetts]]
|1789
|Eastern, 1789–1801<br />1st, 1801–
|-
|[[Maine]]
|1789<ref group="Note">The [[Judiciary Act of 1789]] divided [[Massachusetts]] into the Maine District, comprising what is now the State of [[Maine]], and the Massachusetts District, comprising the remainder of the state.</ref>
|Eastern, 1789–1801<br />1st, 1801–1820<br />1st, 1820–
|-
|[[Rhode Island]]
|1790
|Eastern, 1790–1801<br />1st, 1801–
|-
|[[Connecticut]]
|1789
|Eastern, 1789–1801<br />2nd, 1801–
|-
|[[New York (state)|New York]]
|1789
|Eastern, 1789–1801<br />2nd, 1801–
|-
|[[New Jersey]]
|1789
|Middle, 1789–1801<br />3rd, 1801–
|-
|[[Pennsylvania]]
|1789
|Middle, 1789–1801<br />3rd, 1801–
|-
|[[Delaware]]
|1789
|Middle, 1789–1801<br />3rd, 1801–1802<br />4th, 1802–1866<br />3rd, 1866–
|-
|[[Maryland]]
|1789
|Middle, 1789–1801<br />4th, 1801–
|-
|[[Virginia]]
|1789
|Middle, 1789–1801<br />4th, 1801–1802<br />5th, 1802–1842<br />4th, 1842–
|-
|[[Kentucky]]
|1789<ref group="Note">The [[Judiciary Act of 1789]] divided [[Virginia]] into the Kentucky District, comprising what is now the Commonwealth of [[Kentucky]], and the Virginia District, comprising the remainder of the state.</ref>
|6th, 1801–1802<br />7th, 1807–1837<br />8th, 1837–1863<br />6th, 1863–
|-
|[[North Carolina]]
|1790
|Southern, 1790–1801<br />5th, 1801–1842<br />6th, 1842–1863<br />4th, 1863–
|-
|[[South Carolina]]
|1789
|Southern, 1789–1801<br />5th, 1801–1802<br />6th, 1802–1863<br />5th, 1863–1866<br />4th, 1866–
|-
|[[Georgia (U.S. state)|Georgia]]
|1789
|Southern, 1789–1801<br />5th, 1801–1802<br />6th, 1802–1863<br />5th, 1863–1981<br />11th, 1981–
|-
|[[Vermont]]
|1791
|Eastern, 1791–1801<br />2nd, 1801–
|-
|[[Tennessee]]
|1796
|6th, 1801–1802<br />7th, 1807–1837<br />8th, 1837–1863<br />6th, 1863–
|-
|[[Ohio]]
|1801 (abolished 1802)<ref group="Note">The first District of Ohio encompassed the [[Northwest Territory|Northwest]] and [[Indiana Territory|Indiana Territories]].</ref>
|6th, 1801–1802
|-
|[[Ohio]]
|1803
|7th, 1807–1866<br />6th, 1866–
|-
|[[Louisiana]]
|1812
|9th, 1837–1842 (Eastern District)<br />5th, 1842–1863<br />6th, 1863–1866<br />5th, 1866–
|-
|[[Indiana]]
|1816
|7th, 1837–
|-
|[[Mississippi]]
|1817
|9th, 1837–1863<br />5th, 1863–
|-
|[[Illinois]]
|1818
|7th, 1837–1863<br />8th, 1863–1866<br />7th, 1866–
|-
|[[Alabama]]
|1819
|9th, 1837–1842<br />5th, 1842–1981<br />11th, 1981–
|-
|[[Missouri]]
|1821
|8th, 1837–1863<br />9th, 1863–1866<br />8th, 1866–
|-
|[[Arkansas]]
|1836
|9th, 1837–1851<br />9th, 1851–1863 (Eastern District)<br />6th, 1863–1866 (Eastern District)<br />8th, 1866–
|-
|[[Michigan]]
|1837
|7th, 1837–1863<br />8th, 1863–1866<br />6th, 1866–
|-
|[[Florida]]
|1845
|5th, 1863–1981<br />11th, 1981–
|-
|[[Texas]]
|1845
|6th, 1863–1866<br />5th, 1866–
|-
|[[Iowa]]
|1846
|9th, 1863–1866<br />8th, 1866–
|-
|[[Wisconsin]]
|1848
|8th, 1863–1866<br />7th, 1866–
|-
|[[California]]
|1850
|California Circuit, 1855–1863<br />10th, 1863–1866<br />9th, 1866–
|-
|[[Minnesota]]
|1858
|9th, 1863–1866<br />8th, 1866–
|-
|[[Oregon]]
|1859
|10th, 1863–1866<br />9th, 1866–
|-
|[[Kansas]]
|1861
|9th, 1863–1866<br />8th, 1866–1929<br />10th, 1929–
|-
|[[West Virginia]]
|1863
|4th, 1863–
|-
|[[Nevada]]
|1864
|9th, 1866–
|-
|[[Nebraska]]
|1867
|8th, 1867–
|-
|[[Colorado]]
|1876
|8th, 1876–1929<br />10th, 1929–
|-
|[[North Dakota]]
|1889
|8th, 1889–
|-
|[[South Dakota]]
|1889
|8th, 1889–
|-
|[[Montana]]
|1889
|9th, 1889–
|-
|[[Washington (state)|Washington]]
|1889
|9th, 1889–
|-
|[[Idaho]]
|1890
|9th, 1890–
|-
|[[Wyoming]]
|1890
|8th, 1890–1929<br />10th, 1929–
|-
|[[Utah]]
|1896
|8th, 1896–1929<br />10th, 1929–
|-
|[[Oklahoma]]
|1907
|8th, 1907–1929<br />10th, 1929–
|-
|[[New Mexico]]
|1912
|8th, 1912–1929<br />10th, 1929–
|-
|[[Arizona]]
|1912
|9th, 1912–
|-
|[[Washington, D.C.|District of Columbia]]
|1948<ref group="Note">The pre-existing courts of the District of Columbia were elevated to [[United States district court]] and court of appeals status in 1948. The courts of the District had been incorporated into the Federal Court System by the [[Judiciary Act of 1925]].</ref>
|District of Columbia Circuit, 1948–
|-
|[[Alaska]]
|1959
|9th, 1959–
|-
|[[Hawaii]]
|1959
|9th, 1959–
|-
|[[Puerto Rico]]
|1966<ref group="Note">The pre-existing territorial district court of Puerto Rico was elevated to [[United States district court]] status. Appellate jurisdiction from the Puerto Rico courts was assigned to the 1st Circuit in 1915.</ref>
|1st, 1966–
|}

==See also==
* [[District of Columbia Court of Appeals]], a federally established appellate court that is not considered a U.S. court of appeals
* [[Judicial appointment history for United States federal courts]]
* [[List of current United States circuit judges]]
* [[List of United States courts of appeals cases]]
* [[State supreme court]]
* [[United States Court of Appeals for the Armed Forces]], an Article I tribunal that hears appeals of court-martial decisions
* [[United States Court of Appeals for Veterans Claims]], an Article I tribunal that reviews decisions of the Board of Veterans' Appeals
* [[United States Foreign Intelligence Surveillance Court of Review]]

== Explanatory notes ==
{{Reflist|group=Note}}

== References ==
{{Reflist}}

==External links==
{{Commons category}}
* [http://www.4lawschool.com/uscourts.htm Info about U.S. courts] {{Webarchive|url=https://web.archive.org/web/20210410180815/http://www.4lawschool.com/uscourts.htm |date=April 10, 2021 }}
* [http://www.fjc.gov/history/home.nsf History of the Federal Judiciary] ([[Federal Judicial Center]])
* [http://www.uscourts.gov/courtsofappeals.html Official site of the United States Courts]
* [http://openjurist.org/us-court/type/appeals-court United States Appeals Courts @ OpenJurist]
* [https://web.archive.org/web/20040822154640/http://www.catea.org/grade/legal/circuits.html Federal Court Concepts, Georgia Tech]

{{U.S. courts of appeals}}
{{United States courts of appeals judges}}
{{Law of the United States}}
{{United States topics}}

[[Category:United States courts of appeals| ]]
[[Category:1891 establishments in the United States]]
[[Category:Courts and tribunals established in 1891]]
[[Category:Federal judiciary of the United States|Court of Appeals]]