It’s a curious thing, isn’t it? In families, the middle child often gets overlooked, caught between the firstborn’s pioneering spirit and the youngest’s charm. Well, it turns out the federal judicial system has its own middle child, and it’s the U.S. Courts of Appeals.
This year marks the 125th anniversary of these courts, a milestone that, frankly, most people – even many academics – probably don’t even realize is happening. They were established back in 1891 by the Evarts Act, a good century after the Constitution and the very first Judiciary Act laid the groundwork for our legal system. Because of this, their history has always felt a bit like it’s hovering, a little awkwardly, next to the more prominent U.S. Supreme Court and the foundational district courts.
Unless an appellate court happens to strike down a major national law or program, their work largely flies under the public radar. And this “middle child” status stunts them in a few key ways, as Judge Raymond Lohier pointed out in a lecture a few years back. First off, these judges usually work in three-judge panels. This means each judge is really only one-third of a decision-maker, and compromise, persuasion, and moderation are absolutely essential to reach a majority, or ideally, a unanimous decision. It’s a far cry from the solitary pronouncements you might imagine.
Then there’s the matter of discretion. Appellate courts have less room to maneuver, less leeway, than their sibling courts. They are more tightly bound by Supreme Court precedent than the Supreme Court itself seems to be these days. Plus, they have to show a lot of deference to the factual findings and discretionary judgments made by trial courts. It’s a delicate balancing act, constantly looking back and respecting what came before.
And finally, the sheer volume of cases on their dockets, coupled with their intermediate role, forces them to focus intensely on their primary jobs: correcting errors and solving the specific, discrete problems presented to them. The goal is to move cases along, to keep the wheels of justice turning efficiently. It’s a demanding, often unseen, but vital function in our legal landscape.
Looking back, the system that preceded the modern Courts of Appeals was, frankly, a bit preposterous. Back in the mid-1800s, the idea was that Supreme Court Justices would “ride circuit,” joining a circuit judge and a district judge to handle both trial and appellate functions. Imagine, if you will, a Supreme Court Justice, a Chief District Judge, and a Circuit Judge convening once a year to hear cases, determine facts, and make rulings. It’s no wonder the Supreme Court itself was drowning in cases by the late 1800s, thanks to technological advances, a surge in patents, population growth, and expanded federal jurisdiction. It became nearly impossible for those circuit justices and judges to keep up.
