Structure of the federal judiciary

A federal lawsuit does not begin by asking which court is most powerful. It begins by asking which court has authority to hear this dispute and what work that court is supposed to do. The structure of the federal judiciary separates trials from appeals and places the Supreme Court above lower federal courts. Article III establishes one Supreme Court and permits Congress to create inferior federal courts. Congress has used that authority to create district courts and courts of appeals, define much of their jurisdiction, and organize them into districts and circuits.

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District courts

courts: building the record. United States district courts are the principal federal trial courts. A civil or criminal case ordinarily begins there only if federal subject-matter jurisdiction exists. The nation has 94 federal judicial districts, with at least one in every state and one in the District of Columbia. Their central job is concrete: receive evidence, resolve disputed facts, apply the governing law, and enter an initial judgment.

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Courts of appeals

of appeals: reviewing for error. The 13 federal courts of appeals review district-court judgments and specified decisions of federal agencies. Twelve serve geographic circuits. The Federal Circuit instead has nationwide jurisdiction over specialized subjects assigned by Congress, including many patent appeals. Appeals are ordinarily heard by three-judge panels. Lawyers rely on the record created below, written briefs, and sometimes oral argument; appellate judges do not hear witnesses or use juries. The panel asks whether the lower court used the law correctly and whether an identified error requires a different judgment.

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Supreme Court

Supreme Court: final federal review, selectively exercised. The Supreme Court is the highest court in the federal system and the final judicial authority on questions of federal law, but most losing parties have no automatic right to its review. Its appellate docket is largely discretionary. Litigants ordinarily request review through a petition for a writ of certiorari, and the Court selects a small set of cases that present reasons for national review, such as disagreement among lower courts or an important unresolved federal question.

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Original jurisdiction

Two courts can agree about the governing law while only one has authority to decide the dispute. Jurisdiction asks whether the legal system has assigned this kind of case to this court. Subject-matter jurisdiction cannot be created merely because the parties prefer a federal forum. Federal courts possess limited jurisdiction grounded in Article III and federal statutes.

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Appellate jurisdiction

Appellate jurisdiction is authority to review an earlier decision. A federal court of appeals ordinarily reviews a federal district court, not a state trial court. The U.S. Supreme Court may review federal questions decided by federal courts of appeals and in final judgments from the highest state court in which a decision could be had. That court is usually the state's court of last resort, but the precise wording matters because state procedure can sometimes make an intermediate or trial-court judgment the final available state decision. Lower federal courts do not sit as appellate supervisors over state-court judgments.

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Criminal and civil cases

Court level and case type answer different questions. A criminal case is brought by government to prosecute an alleged offense and can result in punishment. A civil case seeks a legal remedy for a dispute among private parties, governments, or organizations. Both kinds can appear in federal or state court, and both can raise constitutional questions.

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Federal and state court systems

The United States has overlapping federal and state court systems. Each state has its own trial and appellate structure, while federal districts and circuits follow national law. Some disputes could proceed in either system under concurrent jurisdiction; others are assigned exclusively to one. Removal statutes sometimes permit a qualifying case filed in state court to move to federal district court.

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Judicial appointments

A vacancy on an Article III court joins constitutional structure to presidential choice before the judge hears a single case. Congress first establishes the lower federal courts and authorizes their judgeships by law. A vacancy then arises through retirement, resignation, death, elevation to another court, or the creation of a new seat. The president cannot create a permanent Article III judgeship merely by announcing a nominee.

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Senate confirmation

Senate confirmation lets one chamber of the legislative branch check the president's selection. The Judiciary Committee commonly investigates a nominee's record and conducts hearings before the nomination reaches the floor. Committee action is influential, but it is a Senate procedure rather than a separate constitutional appointment power. Confirmation requires the consent of the Senate as a chamber under its rules and current procedures.

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Life tenure

Imagine that an Article III judge knows a legally required decision will anger both the president and a Senate majority. Two constitutional protections make immediate retaliation harder. Supreme Court justices and judges of the constitutional lower courts hold office during "good Behaviour," commonly described as life tenure, and their compensation may not be diminished while they remain in office. They do not face regular reelection or a new confirmation vote after an unpopular ruling.

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Judicial independence

Judicial independence concerns freedom to decide, not power to initiate policy whenever judges wish. Courts depend on parties to bring justiciable disputes, the executive branch and lower officials to carry out many judgments, and public acceptance of legal authority. They possess neither Congress's power of the purse nor the executive's administrative apparatus.

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