The Third Branch of Government: SCOTUS
Introducing the Supreme Court of the United States and the System of Federal Courts
Article III of the U.S. Constitution creates the third co-equal branch of government - the Judicial Branch (Article I creates the Legislative Branch and Article II creates the Executive Branch).
Article III, Section 1, the Vesting Clause, reads as follows:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Through this language, the Framers of the Constitution mandated the establishment of one national Supreme Court, but left the decision to create new federal courts under it to Congress. When we speak of “Article III Courts,” we’re referring specifically to the federal courts created by Congress pursuant to Article III of the Constitution.
Note - these do not include legislative courts, aka Article I Courts, which are also created by Congress for limited and specific purposes (U.S. Court of Appeals for Veterans Claims, U.S. Court of Appeals for the Armed Forces, and the U.S. Tax Court), or any state courts, including state-level supreme courts. These are separate court systems.
The Federal Courts
SCOTUS is the highest court in the United States.
As authorized, Congress has passed laws creating a system of lower federal courts, which currently consist of 94 district level courts and 13 courts of appeal. Both the district level and appellate level courts sit under the U.S. Supreme Court, which together created a three-tiered system for adjudication.
By way of background, with the Judiciary Act of 1789, Congress created a three-tiered federal court system: District courts, Appeals courts, and the Supreme Court. They also created the positions of U.S. Attorney General (the nation’s chief law enforcement officer), United States Attorney (the position of federal prosecutor), the U.S. Marshal (head of the enforcement arm of the federal courts), and the Clerk of Court (for records management). These positions, with some additions, remain today.
President George Washington signed The Judiciary Act of 1789 on September 24, 1789. On the same day, he nominated John Jay to serve as the first Chief Justice of the brand-new Supreme Court. Jay’s nomination was confirmed by the Senate two days later on September 26, 1789.
Back to the organization of the courts …
The federal court system divides the United States into 94 judicial districts. For example, Pennsylvania, my home state, is divided into three (3) districts; the Eastern District, the Middle District, and the Western District. The rest of the country comprises the other 91. Each district has its own federal court. This is where trials take place.
The 94 districts are then apportioned into 12 geographic regions, called circuits, to create appellate courts. Each circuit has its own Court of Appeals, which hears cases on appeal from the districts organized under it.
There is also a 13th region or circuit, called the Federal Circuit, which is situated in Washington, D.C. and hears specific types of cases from all over the country, irrespective of geographic location. This means there are a total of 13 circuit Courts of Appeals in the federal system.
The Circuit Courts of Appeals
Here’s the lay of the land vis-a-vis the courts of appeals.
The First Circuit
Includes all federal judicial districts in Maine, New Hampshire, Massachusetts, Rhode Island, and Puerto Rico
The Second Circuit
Includes all federal judicial districts in Vermont, Connecticut, and New York
The Third Circuit
Includes all federal judicial districts in New Jersey, Pennsylvania, Delaware, and the Virgin Islands
The Fourth Circuit
Includes all federal judicial districts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina
The Fifth Circuit
Includes all federal judicial districts in Mississippi, Louisiana, and Texas
The Sixth Circuit
Includes all federal judicial districts in Ohio, Michigan, Kentucky, and Tennessee
The Seventh Circuit
Includes all federal judicial districts in Indiana, Illinois, and Wisconsin
The Eighth Circuit
Includes all federal judicial districts in Minnesota, Iowa, Missouri, Arkansas, Nebraska, North Dakota, and South Dakota
The Ninth Circuit
Includes all federal judicial districts in California, Oregon, Washington, Arizona, Nevada, Idaho, Montana, Alaska, Hawaii, and certain Pacific Islands
The Tenth Circuit
Includes all federal judicial districts in Colorado, Wyoming, Utah, New Mexico, Oklahoma, and Kansas
The Eleventh Circuit
Includes all federal judicial districts in Georgia, Florida, and Alabama
[The Twelfth Circuit] is called The District of Columbia Circuit
Includes the federal judicial district in Washington, D.C.
Now … when you hear someone say … the Ninth Circuit handed down its decision, you’ll understand that’s just short hand for the U.S. Court of Appeals for the Ninth Circuit.
Judges and Justices
All federal Judges and Supreme Court Justices have lifetime appointments. They serve until their retirement, death, or conviction and removal by the Senate. Not serving for fixed terms, but instead on “Good Behaviour,” is by design and serves to insulate Judges and Justices from the electoral process and political pressure. The Constitution also prohibits a reduction in pay while on the bench for a similar reason. Judges and Justices are to apply the law evenly and only with justice in mind, not political gain or retribution for personal mistreatment.
Currently, nine (9) Justices sit on the U.S. Supreme Court - the Court started with five (5) and changed six (6) times until they settled on nine (9) as the right number in 1869. It has been the same ever since.
Three (3) judges sit on each Court of Appeals.
The total number of federal judgeships, or judge positions, is set by Congress and is changed or adjusted from time to time as needed. Currently, there are 677 federal district court judgeships in the country. As judges or justices retire, or pass away, their positions become open and must be filled as soon as possible in order to keep cases moving efficiently. Per the Constitution, the President has the power and responsibility to nominate a candidate for an appointment to the bench, the Senate then has the power and responsibility to confirm, or reject, each nominee in order for the appointment to be made or declined.
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The United States court system is fascinating and we will spend much time working through it in this section of The Savvy Citizen. It has become extremely complex with many moving parts, but that won’t stop us from unpacking it piece by piece.
Don’t forget that each state has its own Constitution and it’s own legislative, executive, and judicial branch too, which operate outside of the federal system. Like I said, it’s a lot … but we can extract the brass tacks pretty well.
Thank you for reading and for your support.
Warmly,
Kelley
November 18, 2023