Congress relieves overloaded circuits by adding judges rather than redrawing borders.

Evidence

The boundaries of most circuits were established long ago, and as population shifts have occurred, some courts of appeals have experienced disproportionate increases in their caseloads. Congress has responded by adding judges to overburdened circuits, and as a result, the number of judges varies considerably among the courts of appeals. The First Circuit, which includes Maine, Vermont, New Hampshire, Massachusetts, and, surprisingly, Puerto Rico, has the fewest appeals court judges (five). The Ninth Circuit, which includes Alaska, Washington, Oregon, California, Nevada, Idaho, and Montana, has the most (28). — G. Alan Tarr, Judicial Process and Judicial…, 287

Categorization

  • QUESTION: Worth checking how circuit caseload imbalances are addressed beyond judge-count increases, and whether adding judges fully compensates.
  • XREF: connects to: Congress expands federal jurisdiction in response to political and caseload pressures — G. Alan Tarr, Judicial Process and Judicial…, 259; Adding judges does not reduce court delays because courts relax enforcement accordingly — Michael Lipsky, Street-Level Bureaucracy: Dilemmas of…, 283; Congress weaponizes new judgeship creation to favor the appointing president’s party — G. Alan Tarr, Judicial Process and Judicial…, 462

Broader Connections