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Creates a new judicial organization by splitting the existing Ninth Circuit into two circuits (a restructured/new Ninth Circuit and a newly designated Twelfth Circuit), moves pending appeals and court records to the appropriate new courts, and sets rules for assigning active and senior judges, temporary judge appointments, and judge seniority during the transition. It updates statutory circuit tables, authorizes whatever funding is needed for implementation, and makes the changes effective one year after enactment. The bill directs the former Ninth Circuit and the Administrative Office to carry out administrative steps for implementation, provides judges in certain duty stations choices about which new circuit they will serve, requires presidential appointments (with Senate confirmation) to create temporary Twelfth Circuit judges tied to judge choices, and establishes timing and seniority rules for the transition. Many technical table inserts and precise statutory text entries are referenced but not shown in the provided fragment.
If, on the day before the Act’s effective date, a matter filed with the former Ninth Circuit has already been submitted for decision, further proceedings on that matter must continue in the same manner and with the same effect as if this Act had not been enacted. This rule is stated in paragraph (1) of the section .
If, on the day before the Act’s effective date, a matter filed with the former Ninth Circuit has not been submitted for decision, the appeal or proceeding and the original papers, printed records, and duly certified record entries must be transferred by appropriate orders to the court to which the matter would have been submitted if the Act had been in full force on the date the appeal was taken or the proceeding commenced; further proceedings shall then be had as if the appeal or proceeding had been filed in that court. This procedure is set out in paragraph (2) of the section .
If a petition for rehearing en banc is pending on or after the Act’s effective date, that petition must be considered by the court of appeals to which the petition would have been submitted if the Act had been in full force on the date the appeal or proceeding was filed with the court of appeals. This rule is set out in paragraph (3) of the section .
The Court of Appeals for the Ninth Circuit, as constituted on the day before the effective date of this Act, may take such administrative action as may be required to carry out this Act and the amendments made by this Act.
The court described in subsection (a) shall cease to exist for administrative purposes two years after the effective date of this Act.
Primary affected groups
Federal circuit judges and senior judges of the former Ninth Circuit: their official assignments, choices of circuit, and seniority are directly changed. Judges with duty stations in listed States/territories will be designated to one of the two successor circuits; some judges can elect their permanent assignment. The Act also triggers additional presidential nominations and Senate confirmations for Twelfth Circuit positions tied to judges’ elections.
Court administration and staff (Administrative Office of the U.S. Courts, circuit clerks, court reporters, clerks’ offices): must execute transfer of dockets, records, and administrative functions across circuits; coordinate staffing, case reassignment, and facility needs; and update case-management and PACER records. The former Ninth Circuit has a two-year administrative wind-down requirement.
Appellate litigants, counsel, and pending cases: cases not yet submitted for decision will be transferred to the successor circuit that would have had jurisdiction if the Act had been in force at filing, potentially changing panel composition, precedents, or venue logistics; cases already submitted for decision continue under prior procedures, reducing immediate disruption for those matters.
The Executive and Senate confirmation process: the President must nominate additional Twelfth Circuit judges as prescribed, and the Senate must confirm them; the Act ties those appointments to duty‑station residency requirements and creates temporary seats that may affect the federal judicial nominations calendar.
Federal budget and facilities planning: although the Act authorizes whatever sums are necessary, no specific appropriations are set; courts and the Administrative Office will need appropriations and planning to secure space, facilities, staff, and IT changes to operate two separate circuits.
Operational and legal consequences
Short-term logistical burden: transferring records, rerouting appeals, reassigning clerks, realigning local rules, and updating electronic systems will require concentrated administrative effort and likely temporary case-processing slowdowns.
Human-resources and facilities impacts: staffing reallocations and new or repurposed courthouse space will be necessary; judges, clerks, and support personnel may face relocations or reassignment choices.
Judicial continuity and precedent: splitting a large circuit can change the composition of panels and the binding precedential effect in geographical areas; litigants and district courts may experience shifts in appellate authority over time.
Political and confirmation pressure: presidential nominations and Senate confirmations for the temporary Twelfth Circuit judges may attract heightened scrutiny, potentially affecting timing and partisan dynamics.
Funding uncertainty: while the bill authorizes necessary sums, absent explicit appropriation amounts or timelines the Administrative Office and courts will need appropriations action to fund the transition, potentially delaying some implementation steps.
Net effect
The legislation restructures federal appellate organization in a way that immediately affects judges, court administration, pending appeals, funding needs, and the judicial appointment process. The operational complexity is high, with significant administrative execution required to move dockets, staff, and facilities and to fill and confirm associated judicial positions.
Amends section 41 of title 28 by changing the prefatory phrase 'thirteen' to 'fourteen' and by replacing the table item for the ninth circuit and inserting a new table item after the eleventh circuit.
Amends the table contained in 28 U.S.C. 48(a) by inserting a new item immediately after the item relating to the eleventh circuit.
Amends the table in 28 U.S.C. 44(a) by striking the item relating to the ninth circuit and inserting a replacement item, and by inserting a new item after the eleventh circuit.
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Referred to the House Committee on the Judiciary.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Referred to the House Committee on the Judiciary.
Introduced in House