United States court reorganization legislation

Through the history of the United States, Congress has established, reorganized, realigned and eliminated the courts within the federal judicial system. This page highlights the legislation which changed the shape of the courts.

Judiciary Act of 1789

The Judiciary Act of 1789 organized the federal court system, as granted by Article III of the United States Constitution. It created a three-tiered judiciary: the Supreme Court of the United States was to have a Chief Justice and five Associate Justices; next, the United States Circuit Courts were created to act as general jurisdiction trial courts, where one Supreme Court justice and a local judge presided; lastly, each state (and Kentucky and Maine) was assigned a district court and judge to hear maritime cases and minor issues.

For the full text of the document, see: The Judiciary Act of 1789. For more information on opposition and support for the Act, see: Judiciary Act of 1789.

Judiciary Act of 1801

The Judiciary Act of 1801 is perhaps most well-known for the "midnight appointment" of judges in the last hours of President John Adams' presidency. The timing of those appointments was contested, eventually leading Chief Justice John Marshall to expand the power of the Supreme Court in Marbury et al. v. Madison.

The Act reduced the number of Associate Justices of the Supreme Court to four, ended the requirement of circuit riding for the justices and established sixteen new judgeships for six circuits. It was quickly repealed by the Jefferson administration and Congress.

For the full text of the document, see: Text of the Judiciary Act of 1801. For more information on the politics of the legislation, see: Judiciary Act of 1801.

Judiciary Act of 1802

The Judiciary Act of 1802 was enacted by a Republican majority Congress to replace the Judiciary Act of 1801, which was repealed. The Act kept the six regional circuits proposed in the Act of 1801, though they were made smaller for the judges who again had to ride the circuit. Also addressed was the settling of disputed cases; now if a district and circuit judge disagreed, the case could be heard by the Supreme Court.

Most notably, the Act of 1802 eliminated the sixteen judgeships created by the Act of 1801 and created one annual session for the Supreme Court, to begin on the first Monday in February every year. Previously, the court also participated in a summer session.

For the full text of the document, see: Text of the Judiciary Act of 1802. For more information on the politics of the legislation, see: Judiciary Act of 1802.

Seventh Circuit Act of 1807

The Seventh Circuit Act of 1807 was the first time a new seat on the Supreme Court was authorized. It also established the Seventh Circuit, to represent the expanding nation (with states Ohio, Kentucky and Tennessee). The act was passed to accommodate the growing caseload of the western states, and bring them into the national model of the court system.

Eighth and Ninth Circuits Act of 1837

The Eighth and Ninth Circuits Act of 1837 created the Eighth and Ninth Circuits in order to provide for an expanded caseload due to the admission of new states to the Union. Because district court jurisdiction had been created in the eight new states, the act repealed that and granted jurisdiction to the newly formed circuit court. This Act also rearranged the Seventh Circuit and created two new seats on the Supreme Court to support the circuit court.

Presidents John Quincy Adams and Andrew Jackson had been pressing for new circuit courts for years. In his First Annual Message to Congress, on December 8, 1929, President Jackson said:

"

In this general survey of our affairs a subject of high importance presents itself in the present organization of the judiciary. An uniform operation of the Federal Government in the different States is certainly desirable, and existing as they do in the Union on the basis of perfect equality, each State has a right to expect that the benefits conferred on the citizens of others should be extended to hers. The judicial system of the United States exists in all its efficiency in only fifteen members of the Union; to three others the circuit courts, which constitute an important part of that system, have been imperfectly extended, and to the remaining 6 altogether denied...To extend the circuit courts equally throughout the different parts of the Union, and at the same time to avoid such a multiplication of members as would encumber the supreme appellate tribunal, is the object desired.

”

Seventh Circuit consists of: Illinois, Indiana, Michigan and Ohio.

Eighth Circuit consists of: Kentucky, Tennessee and Missouri.

Ninth Circuit consists of: Alabama, Arkansas, Louisiana and Mississippi.

California Circuit Act of 1855

To address the increasing caseload and travel issues of citizens of California, the United States Congress decided to establish a circuit court with appellate jurisdiction only over the districts in California, and to appoint a judge to serve that court full-time. This was the California Circuit Act of 1855. The United States Circuit Court for the Districts of California was given the same original and appellate jurisdiction that the eastern circuit courts had.

The Circuit Court for the Districts of California was the first circuit court in America (since the six established by the Judiciary Act of 1801 were abolished in 1802) which did not have a Supreme Court justice assigned to it. In 1855, Congress passed the California Circuit Act. This act called for one judge to be appointed, and mandated that he hear at least one session of the circuit court annually. It also allowed him, at his pleasure, to sit on either of the district courts in California, with the respective district judge, whenever either of those courts were hearing appeals from the board of commissioners for the settlement of private land claims.

Tenth Circuit Act of 1863

The Tenth Circuit Act of 1863 created the Tenth Circuit to represent California and Oregon, eliminated the California Circuit Court, and added another member to the Supreme Court. To handle the issue of travel, the act specifically designated one thousand dollars in additional salary to attend a session of the Supreme Court.

With the Tenth Circuit Act, the Supreme Court of the United States had its highest number of members in history, with the Chief Justice and nine Associate Justices serving.

Judicial Circuits Act of 1866

The Judicial Circuits Act of 1866 reorganized the circuits in the thirty-six state nation, reducing the number of circuits from ten to nine. This reorganization created a basic structure of circuits lasting to present day. The Act also eliminated three positions on the Supreme Court.

Prior to Act of 1866 First Circuit: Maine Massachusetts New Hampshire Rhode Island Second Circuit: Connecticut Eastern New York Northern New York Southern New York Vermont Third Circuit: New Jersey Eastern Pennsylvania Western Pennsylvania Fourth Circuit: Delaware Maryland North Carolina Virginia Fifth Circuit: Southern Alabama Northern Florida Southern Florida Southern Georgia Southern Mississippi South Carolina

After Act of 1866 First Circuit: Maine Massachusetts New Hampshire Rhode Island Second Circuit: Connecticut Eastern New York Northern New York Southern New York Vermont Third Circuit: Delaware New Jersey Eastern Pennsylvania Western Pennsylvania Fourth Circuit: Maryland North Carolina South Carolina Virginia Fifth Circuit: Southern Alabama Northern Florida Southern Florida Southern Georgia Eastern Louisiana Southern Mississippi Eastern Texas Western Texas

Prior to Act of 1866 Sixth Circuit: Eastern Arkansas Kentucky Eastern Louisiana Eastern Tennessee Middle Tennessee Eastern Texas Western Texas Seventh Circuit: Eastern Michigan Western Michigan Northern Ohio Southern Ohio Eighth Circuit: Northern Illinois Southern Illinois Indiana Wisconsin Ninth Circuit: Iowa Kansas Minnesota Missouri Tenth Circuit: California California Nevada Oregon

After Act of 1866 Sixth Circuit: Kentucky Eastern Michigan Western Michigan Northern Ohio Southern Ohio Eastern Tennessee Middle Tennessee Seventh Circuit: Northern Illinois Southern Illinois Indiana Wisconsin Eighth Circuit: Eastern Arkansas Iowa Kansas Minnesota Missouri Ninth Circuit: Northern California Southern California Nevada Oregon

Judiciary Act of 1869

The Judiciary Act of 1869 again increased the size of the Supreme Court, setting it at nine justices, one for each circuit. Though justices still had to visit circuits, they only had to visit each every two years. This was possible with the creation of separate judges for the circuit courts, who had authority over their assigned circuit.

Evarts Act of 1891

The Evarts Act of 1891 established nine circuit courts of appeals, one in each circuit. These courts later came to be called simply courts of appeals. These same courts are still in existence, as the second tier of the federal judiciary, each of them hearing appeals from all the district courts contained within its respective circuit. The act also repealed all appellate jurisdiction which had theretofore been held by the circuit courts and transferred that appellate jurisdiction to the new circuit courts of appeals, except for special instances in which it was transferred directly to the Supreme Court. Also, the circuit courts of appeals were given appellate jurisdiction over cases from the circuit courts.

Prior to this Act, appeals from the district courts were heard in the circuit courts, and appeals from the circuit courts were heard in the Supreme Court. District and circuit courts alike had some amount of original jurisdiction, however, when a case was originally filed in a circuit court, the federal judiciary was effectively two-tiered. It was only three-tiered when the case began in a district court.

Before this legislation, the federal judiciary worked like this:

                          Supreme Court                           
                             ^ 
                             |             
                             |
district courts ----------> circuit courts

After this Act, it worked more like this:

               Supreme Court
                     ^
                     |
                     |
         circuit courts of appeals
                     ^
                    / \
                   /   \
                  /     \
                 /       \
   district courts       circuit courts

Tenth Circuit Reorganization Act of 1929

The Tenth Circuit Reorganization Act of 1929 created the Tenth Circuit and reorganized the existing Eighth Circuit. Prior to the passage of this legislation, the Eighth Circuit was comprised of thirteen states stretching to the northern and southern borders of the United States, and from the Mississippi River to the Rocky Mountains. The Eighth and Ten Circuits were reorganized as such:

Eighth Circuit consists of: Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri and Arkansas.

Tenth Circuit consists of: Wyoming, Colorado, Utah, New Mexico, Kansas and Oklahoma.

Fifth Circuit Court of Appeals Reorganization Act of 1980

The Fifth Circuit Court of Appeals Reorganization Act of 1980 created the Eleventh Circuit Court of Appeals to reduce the high caseload of the Fifth Circuit. The Eleventh Circuit included the southern states of Alabama, Florida and Georgia. The Fifth Circuit Court of Appeals Reorganization Act of 1980 was signed by President Jimmy Carter on October 15, 1980. For his remarks at the event, see: University of California Santa Barbara, The American Presidency Project: Fifth Circuit Court of Appeals Reorganization Act of 1980 Statement on Signing H.R. 7665 Into Law.

Federal Circuit Act of 1982

The Federal Circuit Act of 1982 created the Federal Circuit, the only court of appeals defined by its jurisdiction instead of geography. In establishing this circuit, the U.S. Court of Customs and Patent Appeals and the U.S. Court of Claims (appellate jurisdiction) were folded into the Federal Circuit.

See also

• Notable federal judicial legislation

External links

• History of the Federal Judiciary, Landmark Judicial Legislation from the Federal Judicial Center