6.5.2: The Federal Court System

Article III of the U.S. Constitution established the Supreme Court of the United States and gave Congress the power to create lower federal courts. The Constitution says that the judicial power of the United States is in one Supreme Court and any other courts that Congress decides to create.

It is worth noting that Article III was kept short because it was both important and hotly debated by the Founding Fathers. Following this authority, Congress created the first lower federal court system in 1789 through the Judiciary Act. Since then, the federal court system has grown, and Congress can change it when needed.

Types of Cases Heard

The Federal Court System	The State Court System
Cases that deal with the constitutionality of a law; Cases involving the laws and treaties of the U.S.; Cases involving ambassadors and public ministers; Disputes between two or more states; Admiralty law; Bankruptcy; and Habeas corpus issues.	Most criminal cases, probate (involving wills and estates) Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc. State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.

U.S. Supreme Court

“EQUAL JUSTICE UNDER LAW.” This statement, inscribed above the primary entrance to the Supreme Court Building, underscores the most important duty of the United States’ Supreme Court. The U.S. Supreme Court is the highest court in America; as such, it is often referred to as the court of last resort. It’s located in Washington, D.C. and is made up of nine justices who all work together. The current justices are pictured in figure 7.5, and you can explore more about the current U.S. Supreme Court Justices if you would like. They decide on important cases that affect both state and federal laws. The Court also keeps an eye on the lower federal courts to make sure there is consistency in rulings. The justices have a big role in deciding what the U.S. Constitution allows and doesn’t allow. They’re the most powerful when it comes to understanding and explaining the Constitution. They make all decisions as a panel, deciding the outcomes in cases by majority rules, for example, a 5-4 decision, and by voting on which cases they consider important constitutional questions that affect all Americans. One of the justices, Robert H. Jackson, once said that the Supreme Court isn’t perfect, but its decisions are final. This means that the Court’s decisions are very important and can’t be easily changed. However, in some cases, Congress can make new laws that change what the Court decides.

Figure \(\PageIndex{1}\): Current U.S. Supreme Court. From left to right: Associate Justices Amy Coney Barrett, Neil M. Gorsuch, Sonia Sotomayor, and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Associate Justices Ketanji Brown Jackson, Samuel A. Alito, Jr., Elena Kagan, and Brett M. Kavanaugh.

The Court has discretionary review over most cases brought from state supreme courts and federal appeals courts, allowing them to choose which cases to decide. They make these decisions through a process called a petition for the writ of certiorari, which is sometimes called the rule of four. In this case selection process, four justices must agree to accept and review a case, which happens in less than 10 percent of the cases filed. Arguably, the country’s top nine legal minds decide about 100 to 150 cases each year.

Once accepted, the Court schedules and hears oral arguments on the case and then delivers written opinions. Over the past ten years, approximately 8,000 petitions for writ of certiorari have been filed annually. It is difficult to guess which cases the court will accept for review. However, a common reason the court accepts to review a case is that the federal circuit courts have reached conflicting results on important issues presented in the case (UScourts.gov – Writs of Certiorari, 2022). Very rarely, the Supreme Court must try and decide a case for the first time. This is called original jurisdiction and would be in unusual cases like a state suing another state. (“Supreme Court Procedures”, 2022).

US Courts of Appeals

The U.S. Court of Appeals, also known as the Federal Circuit Courts, is a significant part of the federal judicial system. Ninety-four judicial districts make up these 13 intermediate appellate courts, as shown below. They hear appeals from the U.S. District Courts within their respective circuits, as well as appeals from decisions of federal administrative agencies like the social security and bankruptcy courts.

Figure \(\PageIndex{2}\): Geographical jurisdiction of the U.S. Courts of Appeals.

Each circuit is based on a geographic region, with one circuit having nationwide jurisdiction for specialized cases, such as those involving patent laws and decisions by the U.S. Court of International Trade and the U.S. Court of Federal Claims. The First Circuit is the smallest, with six judgeships, while the Ninth Circuit is the largest, with 29 judgeships.

Appeals court panels usually consist of three judges, but there are instances when the full court, called en banc, will review a case. This only happens when a party that lost in front of the three-judge panel requests a review. Unlike trial courts, the Circuit Courts do not conduct trials or use a jury. The U.S. Courts of Appeal were established under Article III of the U.S. Constitution and are vital in ensuring the fairness and consistency of legal decisions across the country (“About the Court,” 2024).

U.S. District Courts

The U.S. District Courts, also known as “Article III Courts,” are the main trial courts in the federal court system. Congress first created these U.S. District Courts in the Judiciary Act of 1789. Now, 94 U.S. District Courts, located in the states and four territories, handle prosecutions for violations of federal statutes. Each state has at least one district, and larger states have up to four districts. The name of district courts reflects their location, for example, the U.S. District Court for the Northern District of California. The district courts have jurisdiction over all prosecutions brought under criminal and civil suits brought under federal statutes. A criminal trial in the district court is presided over by a judge who is appointed for life by the President of the United States with the consent of the Senate. Trials in these courts may be decided by juries.

Although the U.S. District Courts are primarily trial courts and hear cases for the first time, district court judges also exercise an appeals-type function in reviewing petitions for writs of habeas corpus brought by state prisoners. Writs of habeas corpus are claims by state and federal prisoners who allege that the government is illegally confining them in violation of the federal constitution. The party that loses at the U.S. District Court can appeal the case in the court of appeals for the circuit in which the district court is located (United States Courts, n.d.).