Overview
The United States Courts of Appeals are the intermediate appellate courts in the federal judiciary. They sit between the district courts (trial courts) and the Supreme Court, and they handle the vast majority of federal appeals. Created by the Evarts Act of 1891 to relieve the Supreme Court's overwhelming caseload, the circuit courts have become the courts of last resort for the overwhelming majority of federal cases, since the Supreme Court reviews only a tiny fraction of circuit court decisions.
There are 13 circuits in total: 11 numbered circuits that cover geographic regions of the country, the D.C. Circuit (which hears many cases involving federal agencies and regulations), and the Federal Circuit (which has nationwide jurisdiction over specialized subject matter including patents, international trade, and government contracts). Each circuit develops its own body of case law, which is binding on all district courts within that circuit.
Circuit courts are primarily error-correction courts. They review the legal conclusions and procedural rulings of district courts, applying different standards of review depending on the issue: de novo review for questions of law, clear error for findings of fact, and abuse of discretion for procedural and evidentiary rulings. Circuit court decisions are published as precedential opinions or unpublished (non-precedential) opinions, with the former becoming binding authority within the circuit.
Circuit splits — where two or more circuits reach different conclusions on the same legal question — are one of the primary reasons the Supreme Court grants certiorari. These splits create non-uniform application of federal law across the country, which the Supreme Court resolves to ensure consistent interpretation.
Jurisdiction
The Courts of Appeals have mandatory appellate jurisdiction over final decisions of the federal district courts within their circuit, as well as interlocutory appeals authorized by statute (such as orders granting or denying injunctions under 28 U.S.C. § 1292). They also review decisions of many federal administrative agencies, including the National Labor Relations Board and the Board of Immigration Appeals. The D.C. Circuit has particular prominence in administrative law because many statutes channel judicial review of agency action exclusively to that court. The Federal Circuit has exclusive nationwide jurisdiction over appeals in patent cases, claims against the federal government, international trade disputes, and veterans' benefits.
Composition
Each circuit has a varying number of authorized judgeships, ranging from 6 in the First Circuit to 29 in the Ninth Circuit. Like Supreme Court justices, circuit judges are nominated by the President and confirmed by the Senate and serve during good behavior. Cases are typically heard by three-judge panels randomly selected from the circuit's active judges and any sitting senior judges. In cases of exceptional importance, a circuit may rehear a case en banc — meaning all active judges on the circuit (or, in the Ninth Circuit, a limited en banc panel of 11 judges) sit together. Senior judges who have taken semi-retirement continue to hear cases on a reduced schedule.
How Cases Get Here
Cases arrive at the Courts of Appeals primarily through appeals from final judgments of the district courts. A party who loses at trial or on a dispositive motion (like summary judgment) has the right to appeal to the circuit court covering that district. Certain interlocutory orders — such as preliminary injunctions, class certification decisions (under Rule 23(f)), and orders remanding cases to state court — may also be appealed before a final judgment. Additionally, the circuit courts directly review decisions of certain federal agencies. In rare cases, a circuit court may certify a question to the Supreme Court if the case involves an issue of first impression of such importance that immediate Supreme Court review is warranted.
Key Facts
Number of Circuits
13 (11 numbered + D.C. Circuit + Federal Circuit)
Total Authorized Judgeships
Approximately 179 active judges
Panel Size
3 judges per panel (en banc = all active judges)
Cases Filed Annually
~50,000
Appointment
Presidential nomination + Senate confirmation
Standard of Review
De novo (law), clear error (fact), abuse of discretion (procedure)
Established
1891 by the Evarts Act
Important to Know
- A three-judge panel cannot overrule a prior published opinion of the same circuit — only the en banc court or the Supreme Court can do so.
- The D.C. Circuit is sometimes called the second most powerful court in America because of its outsized role in reviewing federal agency actions and regulations.
- The Federal Circuit is the only circuit with nationwide subject-matter jurisdiction rather than geographic jurisdiction.
- Circuit splits are a key factor in the Supreme Court's decision to grant certiorari, because they create inconsistent application of federal law.
- Senior judges continue to hear cases and often make up a significant portion of the panels that decide appeals.
- Unpublished opinions are generally not considered binding precedent, though rules vary by circuit and some circuits allow citation of unpublished opinions as persuasive authority.
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