United States courts of appeals

This article is about the federal appellate court system in place since 1912. For the pre-1912 system, see United States circuit court.

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)
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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".[1][2][3][4] 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,[5] the U.S. courts of appeals serve as the final arbiter on most 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.[6] 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 The "unpublished" opinions (of all but the Fifth and Eleventh Circuits) are published separately in West's Federal Appendix, and they are also available in on-line databases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.[7]

  1. ^ The assignment of judicial circuits is defined by 28 U.S.C. § 41, along with 48 U.S.C. § 1821 which specifies that the Northern Mariana Islands falls within the same judicial circuit as Guam.
  2. ^ Brian Duignan, Gloria Lotha (July 20, 1998). "United States Court of Appeals". Encyclopædia Britannica. Retrieved February 10, 2024.
  3. ^ U.S. Department of Justice. "Introduction To The Federal Court System". Executive Office for United States Attorneys.
  4. ^ "Court Role and Structure". Administrative Office of the U.S. Courts on behalf of the Federal Judiciary.
  5. ^ "The Supreme Court at Work: The Term and Caseload". United States Supreme Court. Retrieved September 12, 2021. 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.
  6. ^ Judicial Compensation U.S. Courts. Retrieved 6 July 2023.
  7. ^ The U.S. Courts of Appeals and the Federal Judiciary, History of the Federal Judiciary, Federal Judicial Center (last visited March 5, 2014).