Gavin Howe
The United States Court of Appeals for the Ninth Circuit is the federal court of appeals with jurisdiction over the district courts of nine US states and two territories. The Ninth Circuit Court of Appeals has the power to review cases heard in its subsidiary districts, including civil and criminal matters that fall under federal law. The Ninth Circuit Court's rulings can be appealed to the Supreme Court of the United States. This raises the question: can the Ninth Circuit overturn state law?
| Characteristics | Values |
|---|---|
| Name | United States Court of Appeals for the Ninth Circuit |
| Location | San Francisco, California |
| Area Covered | Nine states and two territories |
| Judges | 29 active judgeships |
| Appellate Jurisdiction | Over U.S. district courts and territorial courts in the District of Guam and the District of the Northern Mariana Islands |
| Cases | Civil and criminal matters that fall under federal law |
| Appeals | Petitioned to the Supreme Court of the United States |
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What You'll Learn
The Ninth Circuit Court's appellate jurisdiction
The Ninth Circuit Court, officially known as the United States Court of Appeals for the Ninth Circuit, is the federal court of appeals with the largest jurisdiction in the country. It has appellate jurisdiction over district courts in nine states: California, Idaho, Montana, Nevada, Oregon, Washington, Alaska, Arizona, and Hawaii. Additionally, it has jurisdiction over the District of Guam and the District of the Northern Mariana Islands. The Ninth Circuit Court also handles appeals originating from American Samoa, which relies on the District Court of Hawaii for its federal cases.
The Ninth Circuit Court was created in 1891 by the Evarts Act and was originally granted jurisdiction over federal district courts in California, Idaho, Montana, Nevada, Oregon, and Washington. As the population of western states increased and new territories were added to the federal judicial hierarchy in the 20th century, the Ninth Circuit's jurisdiction expanded. This includes the addition of the Territory of Hawaii in 1900, Arizona in 1912, the Territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands in 1977.
The large size of the Ninth Circuit has led to unique administrative arrangements. The court arranges its hearings according to geographic regions, with cases from the northern region heard in Seattle or Portland, cases from Southern California and Arizona heard in Pasadena, and cases from Northern California, Nevada, Hawaii, and the Pacific territories heard in San Francisco. The court also holds yearly sittings in Anchorage and Honolulu.
The Ninth Circuit Court's en banc review process differs from other circuits. Due to the large number of judges, the en banc review is conducted by the Chief Judge and a panel of 10 randomly selected judges. This process has been criticized for potentially leading to intracircuit conflicts of law and causing uncertainty within the district courts.
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Appeals of rulings by the Ninth Circuit Court
The United States Court of Appeals for the Ninth Circuit is the federal court of appeals with jurisdiction over the district courts of nine states and two territories. The Ninth Circuit covers California, Arizona, Nevada, Idaho, Montana, Alaska, Hawaii, Washington, and Oregon, as well as the Northern Mariana Islands and Guam. The court also handles appeals originating from American Samoa, which relies on the District Court of Hawaii for its federal cases.
The Ninth Circuit Court is the largest of the 13 U.S. Courts of Appeals, with 29 active judgeships. The court's headquarters are in San Francisco, California, and its regular meeting places are in Seattle, Portland, Pasadena, and San Francisco. The Ninth Circuit Court is unique in that it is the only circuit court that provides for a limited en banc review. This means that a review may be conducted by the Chief Judge and a panel of 10 randomly selected judges, rather than all active circuit judges. This has been a point of criticism, as it may not reflect the views of the majority of the court and can lead to intracircuit conflicts of law.
The Ninth Circuit Court has a relatively high reversal rate compared to other circuit courts. A 2018 study found that the Ninth Circuit's decisions were reversed at a rate of 2.50 cases per thousand, which was the highest in the country. This has been attributed to the large size of the court, which can lead to procedural inefficiencies and jurisprudential unpredictability.
The Ninth Circuit Court has jurisdiction over a variety of cases, including civil, criminal, and bankruptcy matters. It also handles appeals from district courts and territorial courts within its jurisdiction. The court has ruled on several notable cases, including Perry v. Brown in 2012, which dealt with the constitutionality of Proposition 8, a gay-marriage ban.
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The Ninth Circuit Court's subsidiary districts
The United States Court of Appeals for the Ninth Circuit is the federal court of appeals with jurisdiction over the district courts in nine states and two territories. The Ninth Circuit Court's subsidiary districts include California, Idaho, Montana, Nevada, Oregon, and Washington. The court also has jurisdiction over the District of Guam and the District of the Northern Mariana Islands, and it sometimes handles appeals from American Samoa.
The Ninth Circuit is the largest of the 13 U.S. Courts of Appeals, with 29 active judgeships. The court's headquarters are in San Francisco, California, and its regular meeting places are Seattle, Portland, Pasadena, and San Francisco. The court also holds yearly sittings in Anchorage and Honolulu.
The Ninth Circuit's large size is due to the dramatic increases in the population of western states and the court's geographic jurisdiction since its creation by Congress in 1891. The court's jurisdiction has expanded over time with the addition of new states and territories to the federal judicial hierarchy, including Hawaii, Arizona, Alaska, Guam, and the Northern Mariana Islands.
The Ninth Circuit Court's judges travel around the circuit to hear cases in different locations. Cases from the northern region of the circuit are typically heard in Seattle or Portland, while cases from Southern California and Arizona are heard in Pasadena. Cases from Northern California, Nevada, Hawaii, and the Pacific territories are heard in San Francisco.
The Ninth Circuit Court has a unique structure for its en banc courts, which are composed of the Chief Judge and a panel of 10 randomly selected judges, rather than all active circuit judges. This structure has been criticised for potentially leading to intracircuit conflicts of law and causing uncertainty in the district courts.
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The Ninth Circuit Court's judges
The Ninth Circuit Court, officially known as the United States Court of Appeals for the Ninth Circuit, is the federal court of appeals with appellate jurisdiction over the district courts of nine states and two territories. These states include California, Arizona, Nevada, Idaho, Montana, and Alaska. The Ninth Circuit also has jurisdiction over the territorial courts of Guam, the Northern Mariana Islands, and partially, American Samoa. The Court's headquarters are in San Francisco, California, and it has regular meeting places in Seattle, Portland, Pasadena, and Anchorage.
The Ninth Circuit Court consists of 29 active judgeships, including the Chief Judge. When the court sits en banc, the Chief Judge is joined by a panel of 10 randomly selected judges from the remaining 28 active judgeships. This is in contrast to other circuits, where en banc courts typically comprise all active circuit judges. The random selection process has been criticised for potentially leading to intracircuit conflicts of law, as the selected panel may not reflect the views of the majority of the court and may not include any of the judges involved in the original decision.
The Ninth Circuit Court has a diverse range of legal issues to consider due to the mix of populous states like California and rural states like Alaska within its jurisdiction. This can lead to a contrast in the types of cases heard, as noted by Judge Andrew J. Kleinfeld, who maintains his judicial chambers in Fairbanks, Alaska. The Ninth Circuit Court's decisions can be appealed to the Supreme Court of the United States, which occasionally reviews these decisions. Between 1999 and 2008, of the Ninth Circuit Court rulings reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed.
The Ninth Circuit Court judges are appointed by the United States Secretary of the Interior to serve as temporary acting Associate Justices for non-federal appellate sessions at the High Court of American Samoa in Fagatogo. The Court's decisions have covered a range of topics, including civil rights, criminal matters, and constitutional issues.
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The Ninth Circuit Court's headquarters and meeting places
The United States Court of Appeals for the Ninth Circuit is headquartered in San Francisco, California. It is the largest of the 13 U.S. Courts of Appeals, covering nine states and two territories, with 29 active judgeships. The court's regular meeting places are Seattle's William Kenzo Nakamura United States Courthouse, the Pioneer Courthouse in Portland, and San Francisco. The court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from Southern California and Arizona are heard in Pasadena, and cases from Northern California, Nevada, Hawaii, and the Pacific territories are heard in San Francisco. The Ninth Circuit Court also holds yearly sittings in Anchorage and Honolulu.
The Ninth Circuit's large size is due to the significant increases in the population of the western states and the court's geographic jurisdiction since its creation by the U.S. Congress in 1891. The court's original jurisdiction included federal district courts in California, Idaho, Montana, Nevada, Oregon, and Washington. As new states and territories were added to the judicial hierarchy in the 20th century, many western states were placed in the Ninth Circuit. These included the Territory of Hawaii, Arizona, the Territory of Alaska, Guam, and the Commonwealth of the Northern Mariana Islands.
Additionally, the Ninth Circuit Court has jurisdiction over the District of Guam and the District of the Northern Mariana Islands' territorial courts. It also handles appeals originating from American Samoa, which relies partially on the District of Hawaii for its federal cases. Judges from the Ninth Circuit Court are appointed by the United States Secretary of the Interior to serve as temporary acting Associate Justices for non-federal appellate sessions at the High Court of American Samoa in Fagatogo.
It is worth noting that there is also a Ninth Judicial Circuit Court located in Central Florida, serving Orange and Osceola counties. This court covers over 2,500 square miles and serves more than 1.9 million residents.
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Frequently asked questions
The 9th Circuit is the United States Court of Appeals for the Ninth Circuit, which is the federal court of appeals that has jurisdiction over district courts in nine states and two territories.
The 9th Circuit has the power to overturn state law in the states and territories under its jurisdiction. It can hear cases on civil and criminal matters that fall under federal law.
Appeals of rulings by the 9th Circuit Court of Appeals are petitioned to the Supreme Court of the United States.
Some noteworthy cases heard by the 9th Circuit Court include a warrantless wiretap suit, a case involving the Wheel of Fortune star Vanna White, and a gay juror being ousted from an HIV drug pricing trial.
