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Who Serves on the Federal Appeals Court Panels?
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Who Serves on Federal Appeals Court Panels?
Federal appeals courts play a crucial role in the U.S. judicial system. They hear appeals from decisions made in federal district courts and in some cases, from state courts. There are 13 federal appeals courts that sit below the U.S. Supreme Court. Understanding how these courts work and who serves on them is important for anyone interested in the law.
The 94 federal judicial districts have at least one federal district court, and some have more if the population and caseload is large enough to warrant it. Each federal district court has at least one U.S. District Court judge. These judges are nominated by the President and confirmed by the Senate. They serve lifetime appointments.
When a case is decided in a federal district court, either party can appeal the decision to the federal appeals court for that geographic region, also called a circuit. For example, a case decided in a federal district court in Arkansas would be appealed to the 8th Circuit Court of Appeals, which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
There are between six and twenty-eight active judges serving on each federal appeals court, depending on the circuit’s size and caseload. For example, the massive 9th Circuit on the West Coast has 28 active judges while the 1st Circuit in New England has only six. The judges are nominated by the president and confirmed by the Senate, just like district court judges. They also serve lifetime appointments.
How Appeals Court Panels are Chosen
When an appeal comes before one of the circuit courts, it is heard by a panel of three judges. This panel is randomly selected from the pool of active judges in that circuit. However, there are some rules that determine who can be selected:
- The chief judge of the circuit is always included on one or more panels.
- Judges are randomly assigned to panels with an equal distribution of workload.
- No more than two judges from the same district court can serve on one panel.
- A judge cannot hear an appeal from a case he or she decided at the district court level.
In some cases, a senior judge who has retired from full-time service may be selected for a panel as well. Senior judges handle about 15 percent of the federal appeals workload.
How Panel Decisions are Made
Once a panel is chosen, the three judges read legal briefs from both sides of the appeal. In about 20 percent of cases, they also hear oral arguments. The judges then deliberate and vote on the outcome. The majority opinion becomes the decision of the court.
Dissenting opinions are allowed, where one judge writes an explanation of why he or she disagreed with the majority. This dissent does not change the outcome but provides insight into the court’s decision-making process. Published dissents can influence future cases on the same issue.
En Banc Reviews
Federal appeals courts mostly hear cases in three-judge panels. But in rare instances, the entire slate of active judges in that circuit will re-hear a case “en banc” after a panel issues an initial ruling. This only happens when the case involves an issue of exceptional public importance or the panel’s decision conflicts with prior circuit precedent.
Parties can request an en banc review but the majority of active judges must agree to it. When a case is reheard en banc, it essentially nullifies the previous panel’s ruling. En banc decisions carry more weight as they represent the majority view of the entire circuit.
Supreme Court Appeals
The decisions made by federal appeals courts are binding within their geographic circuits. But parties who lose at the circuit court level can appeal once more to the U.S. Supreme Court. The Supreme Court selectively chooses which appeals it will hear through a “writ of certiorari.” With over 7,000 case petitions every year, the Supreme Court only accepts around 100 to 150 cases to decide on the merits.
If the Supreme Court declines to hear a case, the circuit court’s decision stands. And if the Supreme Court does decide to take a case and issues a ruling, that becomes the final decision nationwide.
Key Takeaways
- There are 13 federal appeals courts that handle appeals from district court decisions.
- Appeals court panels comprise three randomly-selected active judges from that circuit.
- Panel majorities decide outcomes but dissenting opinions are allowed.
- Rare en banc reviews involve all active judges in a circuit re-hearing a case.
- Losing parties can appeal once more to the U.S. Supreme Court.
Understanding the appeals process and who serves on these influential courts is important for anyone following how our laws are shaped and applied. Federal appeals court rulings interpret laws that affect millions of Americans.
Sources:
Court Role and Structure | United States Courts
U.S. Courts of Appeals | Federal Judicial Center
Circuit Split | Wex | US Law | LII / Legal Information Institute