Courts of Appeals in the United States

Introduction to Courts of Appeals

Courts of Appeals, formerly Circuit Courts of Appeals, in the federal judiciary system of the United States, courts created by Congress in 1891 to relieve the Supreme Court of its great burden of work and thus to give speedier justice to litigants. These courts make decisions on appeals from lower federal courts subject to review in the U.S. Supreme Court. In practice, however, the Supreme Court reviews only a few cases-usually those that involve a novel constitutional question or an interpretation of federal statutory law when there is a conflict among the various courts of appeals. The Supreme Court rules on the law and then returns the case to the appeals court for disposition on the basis of that ruling. Cases involving the constitutionality of legislation or the interpretation of treaties between the U.S. and other governments need not pass through the courts of appeals; they may be appealed directly from the lower courts to the Supreme Court.

A court of appeals functions in the District of Columbia and in each of the 11 federal judicial circuits. In addition, a court of appeals for the federal circuit was created in 1982 to review certain cases involving copyright, tax, patent, and federal employment law, as well as claims against the U.S. for money damages. Each court consists of at least three judges appointed for life by the president and approved by the Senate. For a discussion of state courts of appeals, see Courts in the United States.” (1)

Overview of Courts of Appeals

The 13 U.S. courts of appeals hear appeals from judgments and orders of the U.S. district courts and from many federal administrative agencies, such as the Environmental Protection Agency. Of the 13 courts of appeals, 12 are located in federal geographic units known as circuits. The states are grouped into 11 circuits, with no state divided between circuits; the formal names for these courts are the U.S. Court of Appeals for the First Circuit, the U.S. Court of Appeals for the Second Circuit, and so on through the 11th circuit. The 12th and smallest circuit-the District of Columbia Circuit-is in Washington, D.C. The 13th circuit court, the U.S. Court of Appeals for the Federal Circuit, is not defined geographically but is instead specialized by subject. It hears appeals in cases involving international trade, patents, trademarks, money claims against the United States, and veterans affairs.

Congress has authorized approximately 150 federal appeals court judgeships. Their numbers range from 6 in the First Circuit (Maine, New Hampshire, and Massachusetts) to 28 in the Ninth Circuit, the largest circuit (seven Western states, including California). The judges within a circuit are divided into rotating three-judge panels when deciding cases. Occasionally all the judges of the circuit may sit en banc (together) to decide a case.

The term circuit derives from the original structure of these courts. Under the Judiciary Act of 1789, trials of certain cases were required to be held before three-judge circuit courts consisting of two Supreme Court justices and the federal trial judge in the district court. In addition to their regular duties, Supreme Court justices were required to ride circuit, traveling from district to district within their assigned circuit, often covering great distances. In 1891 Congress established the modern courts of appeals and abolished Supreme Court circuit riding.” (1)