Cameron Miranda
The US federal judicial system is split into 12 regional circuits, each with its own court of appeals. These courts of appeals, or circuit courts, are tasked with determining whether the law was correctly applied in the trial court or federal administrative agency. When two circuit courts issue contradictory legal opinions, lawyers practising before the US Supreme Court must establish the existence of a circuit conflict and attempt to resolve it. In cases where two laws contradict each other, a common rule internationally is lex specialis, where the more specific law takes precedence over the more general law. Alternatively, the more recent law may be held to implicitly repeal the older law to the extent of the contradiction.
| Characteristics | Values |
|---|---|
| Number of federal circuits | 13 |
| Number of outstanding circuit conflicts | Many dozen on the low end, several hundred to several thousand on the high end |
| Frequency of new circuit splits | Many times each year |
| Courts below the U.S. Supreme Court | 13 appellate courts, 94 district or trial courts, 90 bankruptcy courts |
| Courts of appeals jurisdiction | Hearings in specialized cases, e.g. patent laws, cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims |
| Number of cases handled annually by courts of appeals | More than 50,000 |
| Number of decisions appealed to the U.S. Supreme Court | 10% or fewer |
| Number of cases heard by the U.S. Supreme Court annually | Fewer than 100 |
| Resolution of conflicting laws | Interpret laws harmoniously, specific law trumps general law, more recent law takes precedence, interpret in context of the rest of the law |
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What You'll Learn
- Circuit splits are common and can last for decades
- The US Supreme Court resolves conflicts between the 13 federal circuits
- When laws contradict, the more specific law is applied first?
- If laws are equally specific, the more recent law is applied
- The US Constitution separates the federal government into three branches
Circuit splits are common and can last for decades
In the United States federal court system, a circuit split, or a split of authority, occurs when two or more circuit courts of appeals issue conflicting rulings or reach contradictory conclusions on the same legal issue. The US has 13 federal circuits, which are directly subordinate to the US Supreme Court. These circuits are not required to collaborate or work with each other to resolve legal issues, and their rulings are not binding on other circuits.
Circuit splits are common and can last for long periods, especially if the Supreme Court deems the issue unimportant. New circuit splits arise many times each year, and there are likely several dozen unresolved circuit conflicts at any given time, with the number potentially reaching several hundred or even thousand. These splits can be challenging to quantify due to subtle differences in wording or law application between circuits.
The US Supreme Court is the primary means of resolving circuit splits, but this requires the Court to agree to hear the case, and it maintains discretion over which cases it reviews. The existence of a circuit split is a significant factor in the Court's decision to grant review. However, it is rare for a court to admit it was wrong, and the Supreme Court's rules recognise circuit splits as a top reason for accepting an appeal.
The persistence of circuit splits has led to debates among legal scholars and analysts about their impact. Some argue that circuit splits create confusion, uncertainty, and a lack of consistency in the application of laws across different jurisdictions. This inconsistency may lead to due process issues if individuals are unaware that their behaviour is criminal in a particular circuit. Additionally, it can result in economic inefficiency as litigants are less likely to settle due to unpredictable outcomes. Furthermore, federal agencies may face challenges in enforcing regulations consistently when federal laws are interpreted differently in separate circuits.
On the other hand, some scholars argue that circuit splits may have benefits. They suggest that variation among circuits allows local courts to experiment with new laws that reflect the values of local residents. Additionally, it provides flexibility for courts to interpret and apply laws according to their discretion.
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The US Supreme Court resolves conflicts between the 13 federal circuits
The US federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States. There are 94 district courts, 13 circuit courts, and one Supreme Court spread across the country. The Supreme Court is the highest court in the American judicial system and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.
The 13 circuit courts, also known as the US courts of appeals, are the first level of appeal. These courts hear appeals from US district courts within limited geographic areas. For example, the US Court of Appeals for the Fifth Circuit hears appeals originating from US district courts in Louisiana, Mississippi, and Texas. The circuit courts are divided into twelve regional circuits and one Federal Circuit.
In the US federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. A circuit split is one of the factors that the US Supreme Court considers when deciding whether to grant a review of a case. The Supreme Court is the only source of resolution for conflicts among intermediate courts of appeal. However, the Court always maintains discretion over whether to grant a review of a case.
Some scholars suggest that the Supreme Court is more likely to grant a review of a case to resolve a circuit split than for any other reason. They argue that circuit splits create confusion and encourage forum shopping. However, other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of local residents.
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When laws contradict, the more specific law is applied first
In the United States, there are 13 federal circuits that are directly subordinate to the U.S. Supreme Court. Each of these circuits could take a position on a question of federal law that could conflict with another jurisdiction, leading to a split of authority that can only be resolved by the U.S. Supreme Court.
When laws contradict, courts attempt to interpret the two laws harmoniously. If that fails, the more specific law is applied first. This is known as the lex specialis rule. For example, laws about contracts can contradict laws about employment contracts, but the latter are more specific and would be applied first. In this case, "You cannot discriminate when hiring" is the general rule, and "You must discriminate (on security clearance) when hiring for ITAR positions" is the more specific rule.
If the contradiction is between a state law and a federal law, the federal law is usually applied first. For example, in a case where an employee on an H1B visa had his visa expire after six years, the company was punished for illegally employing the worker, and the worker was punished for illegally working in the country. However, in some cases, a state law may take precedence over a federal law. For instance, in a lawsuit against SpaceX for discriminating against asylum seekers, the federal law was ignored, and the state law took precedence.
If the contradiction is between laws of similar specificity, the more recent law is applied first as it is held to have implicitly repealed the older law to the extent of the contradiction.
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If laws are equally specific, the more recent law is applied
In the United States, the federal judicial system is made up of 94 district or trial courts, also known as U.S. district courts, which are responsible for resolving disputes by determining the facts and applying the law to those facts. There are also 13 appellate courts, or U.S. courts of appeals, that sit below the U.S. Supreme Court. The appellate court determines whether the law was correctly applied in the trial court or federal administrative agency.
When two laws contradict each other, a common rule internationally is lex specialis, which means that the more specific law takes precedence as an exception to the general law. For example, a federal law may prohibit discrimination in hiring, while another law may require discrimination based on security clearance for ITAR positions. In this case, the more specific law requiring discrimination for ITAR positions would take precedence.
In addition, when two laws conflict, the more recent law is often applied. This is because more recent decisions, particularly those made by higher courts or legislatures, carry more weight than earlier decisions or those of lower courts. For example, a lower court's decision can be overruled by a higher court, rendering the lower court's decision unconstitutional in similar cases.
In the U.S., there are 13 federal circuits that are directly subordinate to the U.S. Supreme Court. It is not uncommon for circuit conflicts or splits to arise, where different circuits issue contradictory legal opinions or adopt different rules on the same question of federal law. These circuit conflicts can last for decades, particularly on issues that the U.S. Supreme Court deems unimportant. Lawyers who practice before the U.S. Supreme Court must be skilled in identifying and resolving these circuit conflicts.
While it is rare, lower courts can also choose to overturn a precedent, particularly if it is outdated or if the current case differs substantially from the precedent case. This is an important aspect of the common law system, where judicial decisions in previous similar cases form precedents that are followed in subsequent similar cases.
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The US Constitution separates the federal government into three branches
The US Constitution divides the federal government into three distinct branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power and preserves individual liberty.
The legislative branch, also known as Congress, is made up of the Senate and the House of Representatives, along with special agencies and offices that provide support services. This branch is responsible for passing federal laws, which are then signed by the President.
The executive branch is headed by the President, who is the leader of the federal government and Commander-in-Chief of the armed forces. The Vice President supports the President and assumes the role in their absence. The executive branch also includes the Cabinet, which is made up of advisors to the President. This branch has the power to veto legislation created by Congress.
The judicial branch, which includes the Supreme Court and other federal courts, has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. While the judicial branch can rule on the constitutionality of laws, it is the role of the executive branch to enforce court decisions. The Supreme Court justices are nominated by the President and confirmed by the Senate.
The three branches operate within a system of checks and balances, where each branch has the ability to respond to the actions of the others. For example, while the President can veto legislation, Congress has the power to confirm or reject the President's nominees for various positions, and in exceptional circumstances, it can even remove the President from office.
In addition to the three main branches, there are also lower courts within the judicial system, including 13 appellate courts (also known as U.S. courts of appeals) and 94 district or trial courts. These courts play a crucial role in interpreting and applying the law, often dealing with specific cases that may involve conflicting laws or circuit splits.
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Frequently asked questions
When two laws contradict each other, the more recent law is generally considered to take precedence, implicitly repealing the older law. If one of the laws is a general law and the other is specific to the case, then the second law is taken as an exception to the first.
It is not uncommon for two circuit courts to issue contradictory legal opinions, and these are known as 'circuit splits'. These can last for decades on issues that the U.S. Supreme Court deems unimportant.
There are 12 regional circuits and one Federal Circuit, making 13 in total.
The circuit courts, also known as U.S. courts of appeals, review the procedures and decisions of district courts to ensure fairness and correct application of the law.
If the Supreme Court does not get involved in a circuit split, the issue may be left unresolved. There are likely dozens, or even hundreds, of outstanding circuit conflicts on legal questions.
