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The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has
appellate jurisdiction A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
over the U.S. district courts in the following federal judicial districts: *
District of Alaska The District of Alaska was the federal government’s designation for Alaska from May 17, 1884 to August 24, 1912, when it became Alaska Territory. Previously (1867–1884) it had been known as the Department of Alaska, a military designation. ...
* District of Arizona * Central District of California * Eastern District of California *
Northern District of California The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, D ...
*
Southern District of California The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appe ...
* District of Hawaii * District of Idaho *
District of Montana A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivision ...
* District of Nevada *
District of Oregon The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. ...
* Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from
American Samoa American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the Internatio ...
, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountability Office. AMERICAN SAMOA: Issues Associated with Some Federal Court Options. September 18, 2008. Retrieved September 7, 2019. Headquartered in
San Francisco, California San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17t ...
, the Ninth Circuit is by far the largest of the 13 U.S. Courts of Appeals, covering a total of nine states and two territories and with 29 active judgeships. The court's regular meeting places are
Seattle Seattle ( ) is a seaport city on the West Coast of the United States. It is the seat of King County, Washington. With a 2020 population of 737,015, it is the largest city in both the state of Washington and the Pacific Northwest region o ...
at the
William Kenzo Nakamura United States Courthouse The William Kenzo Nakamura United States Courthouse is a federal courthouse in Seattle, Washington primarily used by the United States Court of Appeals for the Ninth Circuit. Built in 1940 as the United States Courthouse to consolidate federal age ...
, Portland at the
Pioneer Courthouse The Pioneer Courthouse is a federal courthouse in Portland, Oregon, United States. Built beginning in 1869, the structure is the oldest federal building in the Pacific Northwest, and the second-oldest west of the Mississippi River. Along with P ...
, San Francisco at the James R. Browning U.S. Court of Appeals Building, and Pasadena at the
Richard H. Chambers U.S. Court of Appeals The Richard H. Chambers U.S. Court of Appeals is a historic building originally constructed as a Spanish Colonial Revival style resort known as the Vista del Arroyo Hotel and Bungalows located at Pasadena in Los Angeles County, California. Durin ...
. Panels of the court occasionally travel to hear cases in other locations within the circuit. Although the judges travel around the circuit, 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 Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
are heard in Pasadena, and cases from northern California,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
,
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
, and the Pacific territories are heard in San Francisco. Additionally, the court holds yearly sittings in
Anchorage Anchorage () is the largest city in the U.S. state of Alaska by population. With a population of 291,247 in 2020, it contains nearly 40% of the state's population. The Anchorage metropolitan area, which includes Anchorage and the neighboring ...
and
Honolulu Honolulu (; ) is the capital and largest city of the U.S. state of Hawaii, which is in the Pacific Ocean. It is an unincorporated county seat of the consolidated City and County of Honolulu, situated along the southeast coast of the island ...
. For lawyers who must come and present their cases to the court in person, this administrative grouping of cases helps to reduce the time and cost of travel. Ninth Circuit judges are also appointed by the
United States Secretary of the Interior The United States secretary of the interior is the head of the United States Department of the Interior. The secretary and the Department of the Interior are responsible for the management and conservation of most federal land along with natur ...
to serve as temporary acting Associate Justices for non-federal appellate sessions at the High Court of American Samoa in
Fagatogo Fagatogo is the downtown area of Pago Pago (the territorial capital of American Samoa).Grabowski, John F. (1992). ''U.S. Territories and Possessions (State Report Series)''. Chelsea House Pub. Page 51. . Located in the low grounds at the foot of M ...
.


History

The Ninth Circuit's large size is due to the dramatic increases in both the population of the western states and the court's geographic jurisdiction that have occurred since the
U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...
created the Ninth Circuit in 1891. The court was originally granted appellate jurisdiction over federal district courts in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Idaho Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyomi ...
,
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
,
Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
, and
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
. As new states and territories were added to the federal judicial hierarchy in the twentieth century, many of those in the West were placed in the Ninth Circuit: the newly acquired
Territory of Hawaii The Territory of Hawaii or Hawaii Territory ( Hawaiian: ''Panalāʻau o Hawaiʻi'') was an organized incorporated territory of the United States that existed from April 30, 1900, until August 21, 1959, when most of its territory, excluding ...
in 1900,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
upon its admission to the Union in 1912, the
Territory of Alaska The Territory of Alaska or Alaska Territory was an organized incorporated territory of the United States from August 24, 1912, until Alaska was granted statehood on January 3, 1959. The territory was previously Russian America, 1784–1867; the ...
in 1948,
Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
in 1951, and the
Commonwealth of the Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonwea ...
in 1977. The Ninth Circuit also had jurisdiction over certain American interests in China, in that it had jurisdiction over appeals from the
United States Court for China The United States Court for China was a United States district court that had extraterritorial jurisdiction over U.S. citizens in China. It existed from 1906 to 1943 and had jurisdiction in civil and criminal matters, with appeals taken to the U.S ...
during the existence of that court from 1906 through 1943. However, the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
was never under the Ninth Circuit's jurisdiction. Congress never created a federal district court in the Philippines from which the Ninth Circuit could hear appeals. Instead, appeals from the Supreme Court of the Philippines were taken directly to the Supreme Court of the United States. In 1979, the Ninth Circuit became the first federal judicial circuit to set up a
Bankruptcy Appellate Panel A Bankruptcy Appellate Panel (abbreviated BAP) is authorized b28 U.S.C. § 158(b)to hear, with the consent of all parties, appeals from the decisions of the United States bankruptcy courts in their district that otherwise would be heard by distri ...
as authorized by the
Bankruptcy Reform Act of 1978 The Bankruptcy Reform Act of 1978 (, , November 6, 1978) is a United States Act of Congress regulating bankruptcy. The current Bankruptcy Code was enacted in 1978 by § 101 of the Act which generally became effective on October 1, 1979. The curre ...
. The cultural and political jurisdiction of the Ninth Circuit is just as varied as the land within its geographical borders. In a dissenting opinion in a rights of publicity case involving the '' Wheel of Fortune'' star Vanna White, Circuit Judge
Alex Kozinski Alex Kozinski (; born July 23, 1950) is a Romanian-American jurist and lawyer who was a judge on the U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and influential judge, and many of his law clerks went on to ...
sardonically noted that " r better or worse, we are the Court of Appeals for the Hollywood Circuit." Judges from more remote parts of the circuit note the contrast between legal issues confronted by populous states such as California and those confronted by rural states such as Alaska, Idaho, Montana, and Nevada. Judge
Andrew J. Kleinfeld Andrew Jay Kleinfeld (born June 12, 1945) is an American lawyer and jurist serving as a Senior status, senior United States federal judge, U.S. circuit judge of the United States Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for th ...
, who maintains his judicial chambers in
Fairbanks, Alaska Fairbanks is a home rule city and the borough seat of the Fairbanks North Star Borough in the U.S. state of Alaska. Fairbanks is the largest city in the Interior region of Alaska and the second largest in the state. The 2020 Census put the p ...
, wrote in a letter in 1998: "Much federal law is not national in scope....It is easy to make a mistake construing these laws when unfamiliar with them, as we often are, or not interpreting them regularly, as we never do."


Rate of overturned decisions

From 1999 to 2008, of the Ninth Circuit Court rulings that were reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for the same period. From 2010 to 2015, of the cases it accepted to review, the Supreme Court reversed around 79% of the cases from the Ninth Circuit, ranking its reversal rate third among the circuits; the median reversal rate for all federal circuits for the same time period was around 70 percent. Some argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases. However, a detailed study in 2018 reported by
Brian T. Fitzpatrick Brian Timothy Fitzpatrick (born May 9, 1975) is an American academic and lawyer. Fitzpatrick is known for his unorthodox advocacy of class action lawsuits from a conservative point of view, and is the author of a book on the subject, ''The Conser ...
, a law professor at
Vanderbilt University Vanderbilt University (informally Vandy or VU) is a private research university in Nashville, Tennessee. Founded in 1873, it was named in honor of shipping and rail magnate Cornelius Vanderbilt, who provided the school its initial $1-million ...
, looked at how often a federal circuit court was reversed for every thousand cases it terminated on the merits between 1994 and 2015. The study found that the Ninth Circuit's decisions were reversed at a rate of 2.50 cases per thousand, which was by far the highest rate in the country, with the Sixth Circuit second as 1.73 cases per thousand. Fitzgerald also noted that the 9th Circuit was unanimously reversed more than three times as often as the least reversed circuits and over 20% more often than the next closest circuit.


Size of the court

Many commentators have argued that the Ninth Circuit faces several adverse consequences of its large size, such as "unwieldly size, procedural inefficiencies, jurisprudential unpredictability, and unusual ''en banc'' process." Chief among these is the Ninth Circuit's unique rules concerning the composition of an ''
en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
'' court. In other circuits, ''en banc'' courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for 29 or more judges to take part in a single oral argument and deliberate on a decision en masse. The court thus provides for a limited ''en banc'' review by the Chief Judge and a panel of 10 randomly selected judges. This means that ''en banc'' reviews may not actually reflect the views of the majority of the court and indeed may not include any of the three judges involved in the decision being reviewed in the first place. The result, according to detractors, is a high risk of ''intracircuit'' conflicts of law where different groupings of judges end up delivering contradictory opinions. That is said to cause uncertainty in the district courts and within the bar. However, ''en banc'' review is a relatively rare occurrence in all circuits and Ninth Circuit rules provide for full ''en banc'' review in limited circumstances. All recently proposed splits would leave at least one circuit with 21 judges, only two fewer than the 23 that the Ninth Circuit had when the limited ''en banc'' procedure was first adopted. In other words, after a split at least one of the circuits would still be using limited ''en banc'' courts. In March 2007, Associate Justices
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
and
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
testified before a House Appropriations subcommittee that the consensus among the justices of the Supreme Court of the United States was that the Ninth Circuit was too large and unwieldy and should be split.America and the Courts
" 48:28. C-SPAN, March 17, 2007.
Congressional officials, legislative commissions, and interest groups have all submitted proposals to divide the Ninth Circuit such as: * Ninth Circuit Court of Appeals Reorganization Act of 1993, H.R. 3654 * Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals * Ninth Circuit Court of Appeals of Reorganization Act of 2003, S. 562 * Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003, H.R. 2723 * Ninth Circuit Judgeship and Reorganization Act of 2004, S. 878 (reintroduced as the Ninth Circuit Judgeship and Reorganization Act of 2005, H.R. 211, and co-sponsored by House Majority Leader Tom DeLay) * Circuit Court of Appeals Restructuring and Modernization Act of 2005, S. 1845 * Circuit Court of Appeals Restructuring and Modernization Act of 2007, S. 525 * Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2017, H.R. 196Govtrack.us
retrieved February 27, 2021,
The more recent proposals have aimed to redefine the Ninth Circuit to cover California, Hawaii, Guam, and the Northern Mariana Islands, and to create a new Twelfth Circuit to cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.


Current composition of the court

:


Vacancies and pending nominations


List of former judges


Chief judges


Succession of seats


See also

* Courts of California * Ninth Circuit appointment history * List of current United States Circuit Judges *
Same-sex marriage in the Ninth Circuit The Ninth Circuit Court of Appeals, a federal court of the United States, struck down same-sex marriage bans in California, Idaho, and Nevada. Same-sex marriage bans were also struck down by district courts in Alaska, Arizona, and Oregon. The Nin ...


Notes


References


External links


United States Court of Appeals for the Ninth Circuit
** This website includes links to the court's published and
unpublished To publish is to make content available to the general public.Berne Conve ...
opinions, court-specific rules of appellate procedure, and general operating procedures.
Ninth Circuit Library

Recent opinions from FindLaw

Federal Judicial Center


{{DEFAULTSORT:United States Court of Appeals for the Ninth Circuit Anchorage, Alaska Billings, Montana Honolulu Las Vegas Los Angeles Pasadena, California Phoenix, Arizona Pocatello, Idaho Portland, Oregon Reno, Nevada San Diego San Francisco Seattle 1891 establishments in the United States Courts and tribunals established in 1891