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Ninth Circuit, largest number of States. All the ones added after 1866
And now "Court of Appeals" is in that circuit.
Purpose and Context: The Judicial Circuits Act of 1866 was driven by multiple factors. The Civil War had just ended, and Congress, dominated by Republicans, sought to restructure federal institutions to limit the influence of Southern states, which had previously held significant sway in the judiciary. The act also aimed to streamline the federal court system as the country grew westward, incorporating new states and territories.
Geographical Scope: The Ninth Circuit, as redefined in 1866, initially included California, Oregon, and Nevada. These states were part of the rapidly developing western frontier, with California’s population booming due to the Gold Rush and statehood in 1850, Oregon joining as a state in 1859, and Nevada in 1864. This configuration was a shift from earlier setups, as California had briefly been part of a standalone circuit (1855–1863) and then the Tenth Circuit (1863–1866) before the 1866 reorganization.
Judicial Structure: The 1866 act assigned one Supreme Court justice to each of the nine circuits, aligning the number of justices with the circuits. It also provided for the gradual reduction of Supreme Court seats from ten to seven, though this was later reversed in 1869 to nine. The Ninth Circuit, like others, included circuit courts (trial courts with both original and appellate jurisdiction) and district courts within its states. A circuit judge wasn’t appointed to the Ninth Circuit until later, so Supreme Court justices and district judges often handled circuit court duties, traveling to hold court sessions.
Political Motivations: The reorganization had a political edge. By reducing the number of circuits and redrawing boundaries, Congress ensured that only two circuits were composed entirely of former slave states, diluting Southern influence on the Supreme Court, as justices were traditionally appointed from each circuit. This was part of broader Reconstruction-era efforts to reshape federal power. The act also prevented President Andrew Johnson, who clashed with Congress over Reconstruction, from appointing new Supreme Court justices by shrinking the Court’s size.
Evolution of the Ninth Circuit: The Ninth Circuit of 1866 laid the groundwork for what would become the largest federal appellate circuit in the U.S. Over time, as new states and territories (like Washington, Idaho, Montana, Arizona, Alaska, Hawaii, Guam, and the Northern Mariana Islands) were added to the West, they were incorporated into the Ninth Circuit.
By 1891, the Judiciary Act established the U.S. Courts of Appeals, transforming the Ninth Circuit into the modern appellate court we know today, headquartered in San Francisco.
Significance:
The creation of the Ninth Circuit in 1866 was a pivotal moment in organizing federal judicial authority in the American West. It reflected the challenges of governing a vast, expanding nation and the political maneuvering of the Reconstruction era. While its initial scope was modest—covering just three states—it set the stage for the circuit’s growth into a sprawling jurisdiction that now handles cases from nine states and two territories, known for its size and influence in shaping federal law.