Midnight Judges Act

The Midnight Judges Act (also known as the Judiciary Act of 1801; 2 Stat. 89, and officially An act to provide for the more convenient organization of the Courts of the United States) expanded the federal judiciary of the United States.[1] The act was supported by the John Adams administration and the Federalist Party.[1] Passage of the act has been described as "the last major policy achievement of the Federalists."[2]

Opponents of the act argued that there was no need to expand the federal judiciary; that the judicial appointments were intended to cement Federalist Party control of the judiciary; and that appointments were rushed (hence they were stigmatized as "midnight appointments").[1] The act was repealed by the incoming Thomas Jefferson administration.[3]

It represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century. There was concern, beginning in 1789, about the system that required the justices of the Supreme Court to "ride circuit" and reiterate decisions made in the appellate courts.[4][5] The Supreme Court justices had often expressed concern and suggested that the judges of the Supreme and circuit courts be divided. The Act was repealed by Congress on January 22, 1802.[6]

  1. ^ a b c Farrand, Max (1900). "The Judiciary Act of 1801". The American Historical Review. 5 (4): 682–686. doi:10.2307/1832774. ISSN 0002-8762.
  2. ^ Turner, Kathryn (1965). "Federalist Policy and the Judiciary Act of 1801". The William and Mary Quarterly. 22 (1): 4–32. doi:10.2307/1920766. ISSN 0043-5597.
  3. ^ Surrency, Erwin C. (1958). "The Judiciary Act of 1801". The American Journal of Legal History. 2 (1): 53–65. doi:10.2307/844302. ISSN 0002-9319.
  4. ^ Turner, Katheryn. "Republican Policy and the Judiciary Act of." William and Mary Quarterly, 3rd ser., 22. January 1965. New York: Columbia University Press, 1992. Page 5.
  5. ^ Carpenter, William S. (1915). "Repeal of the Judiciary Act of 1801". American Political Science Review. 9 (3): 519–528. doi:10.2307/1946064. ISSN 0003-0554. JSTOR 1946064. S2CID 147391974.
  6. ^ Repeal of the Judiciary Act of 1801, January 22, 1802