Sponsors (6)
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Splits the existing Ninth Circuit into two separate courts (a “new Ninth Circuit” and a new Twelfth Circuit), reassigns judges by their current official duty station, adds new circuit and district judgeships over several years, and authorizes money and administrative steps needed to implement the change. It also creates temporary and reciprocal assignment rules so judges and district judges may serve in the other circuit when requested and in the public interest. The law sets a general effective date one year after enactment (with a few provisions effective on enactment or with other specified timing), preserves seniority dating for affected judges, directs transfer or handling of pending appeals, fixes locations for key Twelfth Circuit offices (Seattle), and requires notifications and administrative steps to manage the transition and funding for facilities and personnel.
Defines the start date for a judge’s seniority: for judges assigned under section 8 or who elect to be assigned under section 9, seniority runs from the date of the judge’s commission as a judge of the former Ninth Circuit.
For any case in which, on the day before the Act’s effective date, an appeal or other proceeding had been filed with the former Ninth Circuit and the matter had already been submitted for decision, further proceedings shall continue in the same manner and with the same effect as if the Act had not been enacted.
For any such case that had not been submitted for decision, the appeal or proceeding, with the original papers, printed records, and record entries duly certified, must be transferred by appropriate orders to the court that would have received the matter had the Act been in full force on the date the appeal was taken or the proceeding commenced; thereafter the case shall proceed in that court as if the appeal or proceeding had originally been filed there.
If a petition for rehearing en banc is pending on or after the Act’s effective date, the petition must be considered by the court of appeals that would have received the petition had the Act been in full force on the date the appeal or other proceeding was filed with the court of appeals.
Authorizes the chief judge of the United States Court of Appeals for the Ninth Circuit to designate and temporarily assign any circuit judge of the Ninth Circuit to act as a circuit judge in the Twelfth Circuit, but only when doing so is in the public interest and upon request by the chief judge of the Twelfth Circuit.
Who is affected and how:
Federal judges and court staff: Current Ninth Circuit judges will be reassigned to one of the two new circuits based on duty station; senior judges may choose which circuit to join. Court clerks, administrators, and support staff will experience organizational change, possible reassignments, and new reporting lines. New permanent and temporary judgeships will increase judicial staffing in specified districts over multiple years.
Litigants and attorneys: Pending appeals and filings will be routed to the appropriate successor court; cases already submitted for decision are not disturbed. Case assignment, travel, and local procedures may change for parties and counsel depending on the new circuits’ geographic centers and local rules.
Federal judiciary administration and the Administrative Office: Must run the multi-year transition, transfer case records, implement new hiring and confirmation timelines, set up or expand physical facilities, and manage budget requests to fund new judgeships and offices.
Local economies and court infrastructure: Establishing Twelfth Circuit offices in Seattle and possible new or expanded court facilities elsewhere creates local demand for facilities, staff, and related services.
Congress and the Senate: Will consider presidential nominations to fill new judgeships and authorize/appropriate funds for implementation; the phased judgeship schedule requires multiple future confirmations and budget actions.
Operational and legal effects:
Potential considerations and risks:
Adds subsections (f), (g), and (h) to 28 U.S.C. 292 authorizing reciprocal temporary designation and assignment of district judges between the Ninth and Twelfth Circuits and requiring such designations/assignments to conform with the rules or orders of the receiving court.
Amends the table in section 44(a) of title 28, United States Code, by striking the item relating to the Ninth Circuit and inserting a replacement item, and by inserting a new item after the item relating to the Eleventh Circuit.
Amends the table contained in section 133(a) of title 28, United States Code, by striking the items relating to the listed States/districts and inserting updated items for those districts (multiple specified amendments for California, Delaware, Florida, Indiana, Iowa, New Jersey, New York, Texas, Arizona, Georgia, Idaho, Colorado, Nebraska).
Amends section 41 of title 28, United States Code, to change the number and the table composition of judicial circuits: replaces the word 'thirteen' with 'fourteen' in the matter preceding the table, replaces the table item for the ninth circuit with new text, and inserts a new table item after the eleventh circuit.
Strikes the item relating to the ninth circuit and inserts a new item in the table in section 48(a) of title 28, United States Code.
Adds new subsections (c) and (d) to 28 U.S.C. 291 authorizing the chief judge of the Ninth Circuit and the chief judge of the Twelfth Circuit, upon request by the other, to designate and temporarily assign any circuit judge of one circuit to act as a circuit judge in the other circuit in the public interest.
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Read twice and referred to the Committee on the Judiciary.
Introduced October 21, 2025 by Daniel Scott Sullivan · Last progress October 21, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate