View source for Federal judiciary of the United States

{{Short description|Third constitutional branch of government}}{{Use mdy dates|date=November 2023}} {{Use American English|date=November 2023}}
{{Politics of the United States}}
The '''federal judiciary of the United States''' is one of the three branches of the [[federal government of the United States]] organized under the [[Constitution of the United States|United States Constitution]] and [[Law of the United States|laws]] of the federal government. The U.S. federal judiciary consists primarily of the [[Supreme Court of the United States|U.S. Supreme Court]], the [[United States Courts of Appeals|U.S. Courts of Appeals]], and the [[United States District Courts|U.S. District Courts]].<ref name="Friedman_Page_60">{{cite book |last1=Friedman |first1=Lawrence M. |last2=Hayden |first2=Grant |author1-link=Lawrence M. Friedman |title=American Law: An Introduction |date=2017 |publisher=Oxford University Press |location=Oxford |isbn=9780190460594 |page=60 |url=https://books.google.com/books?id=2bJjDQAAQBAJ&pg=PA60 |access-date=December 3, 2023}}</ref> It also includes a variety of other lesser federal tribunals.

[[Article III of the United States Constitution|Article III of the Constitution]] requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their [[jurisdiction]]. Article III states that [[United States federal judge|federal judges]] are appointed by the [[President of the United States|president]] with the consent of the [[United States Senate|Senate]] to serve until they resign, are impeached and convicted, or die.<ref>{{cite web |title=Article III |url=https://www.law.cornell.edu/constitution/articleiii |website=Legal Information Institute |language=en |access-date=2021-10-09 |archive-date=2018-09-27 |archive-url=https://web.archive.org/web/20180927234814/https://www.law.cornell.edu/constitution/articleiii |url-status=live }}</ref>

==Courts==
{{Further|List of courts of the United States|Federal tribunals in the United States|State supreme courts of the United States}}
{{Civil procedure (United States)|short=yes}}

All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no [[State court (United States)|state court]] may include this designation as part of its name.<ref name="WalstonDunham_Page_36">{{cite book |last1=Walston-Dunham |first1=Beth |title=Introduction to Law |date=2012 |publisher=Delmar |location=Clifton Park |isbn=9781133707981 |page=36 |edition=6th |url=https://books.google.com/books?id=jWoJAAAAQBAJ&pg=PA36 |access-date=26 November 2020 |archive-date=29 March 2023 |archive-url=https://web.archive.org/web/20230329215802/https://books.google.com/books?id=jWoJAAAAQBAJ&pg=PA36 |url-status=live }}</ref> The federal courts are generally divided between trial courts, which hear cases in the first instance, and appellate courts, which review contested decisions made by lower courts.

===U.S. Supreme Court===
The [[Supreme Court of the United States]] is the [[Supreme court|court of last resort]].<ref name="Friedman_Page_60" /> It generally hears appeals from the courts of appeals (and sometimes state courts), operating under [[Procedures of the Supreme Court of the United States#Selection of cases|discretionary review]], which means that the Supreme Court can choose which cases to hear, by granting petitions for writs of [[certiorari]].<ref name="Friedman_Page_60" /> There is therefore generally no basic right of appeal that extends automatically all the way to the Supreme Court.<ref name="Friedman_Page_60" /> In a few situations (like lawsuits between state governments or some cases between the federal government and a state) it sits as a court of original jurisdiction.{{Citation needed|date=June 2024}}

Less than 1% of petitions for certiorari to the Supreme Court are granted for review; the vast majority of the remaining cases are either ignored or denied, effectively making decisions from lower courts final.

===U.S. Courts of Appeals===
The [[United States courts of appeals]] are the intermediate federal appellate courts.<ref name="Friedman_Page_60" /> They operate under a system of mandatory review which means they ''must'' hear all appeals of right from the lower courts. In some cases, Congress has diverted appellate jurisdiction to specialized courts, such as the [[United States Foreign Intelligence Surveillance Court of Review|Foreign Intelligence Surveillance Court of Review]].{{Citation needed|date=June 2024}}

The U.S. Courts of Appeals are divided into 13 circuits: 12 regional circuits, numbered [[United States Court of Appeals for the First Circuit|First]] through [[United States Court of Appeals for the Eleventh Circuit|Eleventh]]; the [[United States Court of Appeals for the District of Columbia Circuit|District of Columbia Circuit]]; and a 13th circuit, the [[United States Court of Appeals for the Federal Circuit|Federal Circuit]], which has special jurisdiction over appeals involving specialized subjects such as [[patent]]s and [[trademark]]s. Nearly all appeals are heard by three-judge panels,<ref name="Friedman_Page_60" /> but on rare occasions, after a three-judge panel decides a case, all the judges in the circuit may rehear the case ''[[en banc]]''.<ref>[https://cafc.uscourts.gov/home/case-information/case-filings/petitions-for-rehearing-rehearing-en-banc/ United States Court of Appeals for the Federal Circuit]</ref> Decisions of the U.S. Courts of Appeals can be appealed to the Supreme Court, but the Court of Appeals is the "end of the line" for most federal cases.<ref name="Friedman_Page_60" />

Although several other federal courts bear the phrase "Court of Appeals" in their names—such as the [[United States Court of Appeals for Veterans Claims|U.S. Court of Appeals for Veterans Claims]]—they are not [[Federal tribunals in the United States#Article III courts|Article III courts]] and are not considered to sit in appellate circuits.{{Citation needed|date=June 2024}}

===U.S. District Courts===
The [[United States district court]]s are the general federal trial courts. There are 94 U.S. District Courts, one for each of the 94 [[United States federal judicial district|federal judicial districts]].<ref name="Friedman_Page_60" /> The U.S. District Courts and federal judicial districts are organized according to U.S. state boundaries. Depending on a state's population, it may be covered by only a single district court, such as the [[United States District Court for the District of Alaska|U.S. District Court for the District of Alaska]], or by up to four district courts, such as the U.S. District Courts for the [[United States District Court for the Northern District of New York|Northern]], [[United States District Court for the Eastern District of New York|Eastern]], [[United States District Court for the Western District of New York|Western]], and [[United States District Court for the Southern District of New York|Southern Districts of New York]]. Most cases "are tried by a single judge, sitting alone".<ref name="Friedman_Page_60" />

In certain cases, Congress has diverted original jurisdiction to specialized courts, such as the [[United States Court of International Trade|Court of International Trade]], the [[United States Foreign Intelligence Surveillance Court|Foreign Intelligence Surveillance Court]], the [[United States Alien Terrorist Removal Court|Alien Terrorist Removal Court]], or to [[Federal tribunals in the United States#Article I tribunals|Article I]] or [[Federal tribunals in the United States#Article IV tribunals|Article IV tribunals]]. The district courts usually have jurisdiction to hear appeals from such tribunals (unless, for example, appeals are to the [[United States Court of Appeals for the Federal Circuit|Court of Appeals for the Federal Circuit]]).{{Citation needed|date=June 2024}}

===Other tribunals===
{{Unsourced section|date=June 2024}}
Besides these federal courts, described as Article III courts, there are other adjudicative bodies described as Article I or Article IV courts in reference to the article of the Constitution from which the court's authority stems.

There are a number of Article I courts with appellate jurisdiction over specific subject matter including the [[United States Court of Appeals for Veterans Claims|Court of Appeals for Veterans Claims]] and the [[United States Court of Appeals for the Armed Forces|Court of Appeals for the Armed Forces]], as well as Article I courts with appellate jurisdiction over specific geographic areas such as the [[District of Columbia Court of Appeals]]. The Article I courts with original jurisdiction over specific subject matter include the [[United States bankruptcy court|bankruptcy courts]] (for each district court), the [[United States Court of Federal Claims|Court of Federal Claims]], and the [[United States Tax Court|Tax Court]].

[[Article Four of the United States Constitution|Article IV]] courts include the [[High Court of American Samoa]] and [[United States territorial court|territorial court]]s such as the [[District Court for the Northern Mariana Islands]], [[District Court of Guam]], and [[District Court of the Virgin Islands]]. The [[United States District Court for the District of Puerto Rico]] was transformed from an Article IV court to an Article III court in 1966, and reform advocates{{Who|date=June 2024}} say the other territorial courts should be changed as well.

==Judges==
{{further|List of United States federal judges by longevity of service|List of current United States circuit judges|List of current United States district judges}}{{Unsourced section|date=June 2024}}


Federal judges, like Supreme Court justices, are appointed by the [[President of the United States|president]] with the consent of the [[United States Senate|Senate]] to serve until they resign, are impeached and convicted, retire, or die.

Under [[Article One of the United States Constitution|Article I]] of the federal Constitution, Congress also has the power to establish other tribunals, which are usually quite specialized, within the executive branch to assist the president in the execution of his or her powers. Judges who staff them normally serve terms of fixed duration, as do [[United States magistrate judge|magistrate judges]]. Judges in Article I tribunals attached to executive branch agencies are referred to as [[administrative law judge]]s (ALJs) and are generally considered to be part of the executive branch even though they exercise quasi-judicial powers. With limited exceptions, they cannot render final judgments in cases involving life, liberty, and private property rights, but may make preliminary rulings subject to review by an Article III judge.

==Administration==
{{See also|CM/ECF|PACER (law)}}
* The [[Judicial Conference of the United States]] is the policymaking body of the U.S. federal courts. The conference is responsible for creating and revising federal procedural rules pursuant to the [[Rules Enabling Act]].
* The [[Administrative Office of the United States Courts]] is the primary support agency for the U.S. federal courts. It is directly responsible to the Judicial Conference. The AO prepares the judiciary's budget, provides and operates secure court facilities, and provides the clerical and administrative staff essential to the efficient operation of the courts.
* The [[judicial council (United States)|judicial councils]] are panels within each [[United States courts of appeals|circuit]] charged with making "necessary and appropriate orders for the effective and expeditious administration of justice".
* The [[Federal Judicial Center]] is the primary research and education agency for the U.S. federal courts. 
* The [[Judicial Panel on Multidistrict Litigation]] transfers and consolidates cases in multiple judicial districts that share common factual issues.
* The [[United States Marshals Service]] is an Executive Branch agency that is responsible for providing protection for the federal judiciary and transporting federal prisoners.
* The [[Supreme Court Police]] provide security for the [[United States Supreme Court Building|Supreme Court building]].

=== Accountability ===
{{See also|Supreme Court of the United States#Criticism and controversies}}

The 30,000 people who work for the judiciary have unusually low workplace protections.<ref name=":0">{{Cite news |last=Johnson |first=Carrie |date=April 30, 2024 |title=Victims of harassment by federal judges often find the judiciary is above the law |url=https://www.npr.org/2024/04/30/1247796812/federal-judges-harassment-clerks |url-status= |work=NPR}}</ref> Victims of workplace harassment at the judiciary and their advocates have called for more transparency and accountability, proposing an independent body overseeing working conditions within the judicial system.<ref name=":0" /> This extends to the incomplete disclosure of gifts, including luxury trips, for judges throughout the judiciary, which hampers the ability of the public to know whether there are enough [[Conflict of interest|conflicts of interest]] to warrant a [[recusal]].<ref>{{Cite news |last1=Dreisbach |first1=Tom |last2=Johnson |first2=Carrie |date=May 1, 2024 |title=When judges get free trips to luxury resorts, disclosure is spotty |url=https://www.npr.org/2024/05/01/1247512187/federal-judges-disclosures-luxury-trips |work=NPR}}</ref> 

Suja A. Thomas argues the federal judiciary has taken most of the constitutionally-defined power from [[juries in the United States]] for itself<ref name=":02">{{Cite book |last=Thomas |first=Suja A. |title=The missing American jury: restoring the fundamental constitutional role of the criminal, civil, and grand juries |date=2016 |publisher=Cambridge University Press |isbn=978-1-316-61803-5 |location=New York, NY |pages=75–77, 109 |quote=The Supreme Court’s differing treatment of the traditional actors and the jury and the deference to traditional actors has contributed to the jury’s decline…The Court has failed to acknowledge any specific authority in the jury or any necessity to guard that authority...Moreover it has ultimately held constitutional almost every modern procedure before and after the a jury deliberation that has eliminated or reduced jury authority. (75-77)}}</ref> thanks in part to the influence of legal elites and companies that prefer judges over juries<ref>{{Cite book |last=Thomas |first=Suja A. |title=The missing American jury: restoring the fundamental constitutional role of the criminal, civil, and grand juries |date=2016 |publisher=Cambridge University Press |isbn=978-1-107-05565-0 |location=New York, NY |pages=105 |quote=as the jury continued to be more diverse in gender and race, the jury was less desirable to judges and corporations…this shift has occurred, particularly in the 1930s…The Supreme Court likely has been influenced by legal elites as well as by corporations to reduce jury authority over time.}}</ref> as well as the inability of the jury to defend its power.<ref>{{Cite book |last=Thomas |first=Suja A. |title=The missing American jury: restoring the fundamental constitutional role of the criminal, civil, and grand juries |date=2016 |publisher=Cambridge University Press |isbn=978-1-316-61803-5 |location=New York, NY |pages=92–93}}</ref>

Americans have a historic distrust of the courts, according to David Daley, the author of [[Ratf**ked]]. Based on a 2024 Gallup poll, only 35 percent of Americans have faith in the courts.<ref>{{cite news |last1=Daley |first1=David |title=Only 35% of Americans trust the US judicial system. This is catastrophic |url=https://www.theguardian.com/commentisfree/2024/dec/21/americans-trust-supreme-court}}</ref>

==Legal procedure==
{{Further information|Federal Rules of Civil Procedure}}
The Supreme Court has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of [[mootness]], [[ripeness]], and [[standing (law)|standing]] prohibit district courts from issuing [[advisory opinion]]s. Other doctrines, such as the [[abstention doctrine]] and the [[Rooker–Feldman doctrine|''Rooker–Feldman'' doctrine]] limit the power of lower federal courts to disturb rulings made by [[State court (United States)|state courts]]. The [[Erie doctrine|''Erie'' doctrine]] requires federal courts to apply substantive state law to claims arising from state law (which may be heard in federal courts under supplemental or diversity jurisdiction). In difficult cases, the federal courts must either guess as to how a court of that state would decide the issue or, if that state accepts [[certified question]]s from federal courts when state law is unclear or uncertain, ask an appellate court of that state to decide the issue.{{Citation needed|date=June 2024}}

Notably, the only federal court that can issue proclamations of federal law that bind state courts is the Supreme Court itself. Decisions of the lower federal courts, whether on issues of federal law or state law (when the question was not certified to a state court), are persuasive but not binding authority in the states in which those federal courts sit.<ref name="Frost">{{cite journal |last1=Frost |first1=Amanda |title=Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law? |journal=Vanderbilt Law Review |date=2015 |volume=68 |issue=1 |pages=53–103 |url=https://wp0.vanderbilt.edu/lawreview-new/wp-content/uploads/sites/278/2015/01/Inferiority-Complex-Should-State-Courts-Follow-Lower-Federal-Court-Precedent-on-the-Meaning-of-Federal-Law.pdf}}</ref>

Some commentators assert that another limitation upon federal courts is executive [[nonacquiescence]] in judicial decisions, where the executive simply refuses to accept them as [[binding precedent]].<ref>[[Gregory Sisk]], ''Litigation with the Federal Government'' (Philadelphia: American Law Institute, 2006), 418-425.</ref><ref>Robert J. Hume, ''How Courts Impact Federal Administrative Behavior'' (New York: Routledge, 2009), 92-106.</ref> In the context of administration of U.S. internal revenue laws by the Internal Revenue Service, nonacquiescences (published in a series of documents called Actions on Decisions) "generally do not affect the application of stare decisis or the rule of [[precedent]]". The IRS "will recognize these principles and generally concede issues accordingly during administrative proceedings". In rare cases, however, the IRS may continue to litigate a legal issue in a given circuit even where the IRS has already lost a case on that issue in that circuit.<ref>Mitchell Rogovin and Donald L. Korb, "The Four R's Revisited: Regulations, Rulings, Reliance, and Retroactivity in the 21st Century: A View From Within", 46 Duquesne Law Review 323, 366-367 (2008).</ref>

==History==
{{Further information|Judicial appointment history for United States federal courts|Article Three of the United States Constitution|Judicial reform}}
The [[Articles of Confederation]] provided a clear basis for the initial establishment of United States of America judicial authority by Congress prior to the Constitution. This authority, enumerated by Article IX, allowed for the establishment of United States jurisdiction in the trial of [[piracy|piracies]] and felonies committed on the high seas, final appeals from state court decisions in all cases of [[prize (law)|captures]] of enemy ships, last resort for resolution of disputes between two or more states (including disputes over borders and jurisdiction), and final determination of controversies between private parties arising from conflicting land grants issued by two or more states prior to settlement of which state actually has jurisdiction over the territory. The [[Court of Appeals in Cases of Capture]] was the first United States court established by the United States. Additional United States courts were established to adjudicate border disputes between the states of [[Connecticut]] and [[Pennsylvania]], [[New York (state)|New York]] and [[Massachusetts]], [[Georgia (U.S. state)|Georgia]] and [[South Carolina]]. A United States court was also established for the [[Northwest Territory]].{{Citation needed|date=June 2024}}

When the Constitution [[Coming into force|came into force]] in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself. The [[Judiciary Act of 1789]] created the first inferior (i.e., lower) federal courts established pursuant to the Constitution and provided for the first Article III judges.{{Citation needed|date=June 2024}}

Virtually all U.S. [[law school]]s offer an elective course that focuses specifically on the powers and limitations of U.S. federal courts, with coverage of topics such as [[justiciability]], [[abstention doctrine]]s, the [[abrogation doctrine]], and [[habeas corpus]].<ref>Michael L. Wells, ''[http://www.slu.edu/Documents/law/Law%20Journal/Archives/Wells_Article.pdf A Litigation-Oriented Approach to Teaching Federal Courts]'', {{Webarchive|url=https://web.archive.org/web/20140814220731/http://www.slu.edu/Documents/law/Law%20Journal/Archives/Wells_Article.pdf |date=2014-08-14 }}, 53 St. Louis U. L.J. 857 (2009).</ref>

==See also==
*[[Uniformity and jurisdiction in U.S. federal court tax decisions]]

==References==
{{Reflist}}

==Further reading==
*[https://web.archive.org/web/20170422095250/http://www.catea.gatech.edu/grade/legal/ Federal Court Concepts, Georgia Tech]
*[https://www.fjc.gov/content/creating-federal-judicial-system-third-edition-0 Creating the Federal Judicial System]
*[https://purl.fdlp.gov/GPO/gpo41680 Debates on the Federal Judiciary: A Documentary History]
*[http://www.fjc.gov/history/home.nsf History of the Courts of the Federal Judiciary]
*[http://courtweb.pamd.uscourts.gov/courtweb/CourtWeb.aspx CourtWEB, Online Federal Court Opinions Information System] {{Webarchive|url=https://web.archive.org/web/20100327143943/http://courtweb.pamd.uscourts.gov/courtweb/CourtWeb.aspx |date=2010-03-27 }}

==External links==
{{Commons category|Federal judiciary of the United States}}
*{{Official website|http://www.uscourts.gov}}

{{USArticleIII}}
{{Law of the United States}}
{{United States topics}}
{{Judiciaries of North America}}
{{Judiciaries of the United States}}
{{Authority control}}

[[Category:Federal judiciary of the United States| ]]
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[[Category:Courts in the United States|Federal]]