This bill divides the Ninth Circuit Court of Appeals into the Ninth and Twelfth Circuits, realigns judicial assignments, and authorizes new judgeships to accommodate the reorganization. It also addresses case management during the transition and allows for temporary assignment of judges between the circuits to ensure efficient operation.
Michael "Mike" Simpson
Representative
ID-2
The "Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2025" divides the Ninth Circuit Court of Appeals into two circuits, the new Ninth Circuit and the Twelfth Circuit, and creates new judgeships for both. The Act outlines the assignment of current judges, handles pending cases, and allows for temporary assignment of judges between the two circuits. It also addresses administrative coordination and authorizes the necessary funds to implement these changes, which will take effect once a certain number of judges have been confirmed.
Ninth Circuit Overhaul: New Judges, Split Jurisdiction, and "Temporary Assignments" Shake Up Western Courts Starting 2026
The "Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2025" is a major shakeup of the federal court system in the Western United States. Instead of one massive Ninth Circuit covering nine states and two territories, we're getting two: a "new" Ninth (California, Guam, Hawaii, Northern Mariana Islands) and a Twelfth Circuit (Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington). This goes into effect the first day of the first fiscal year after a 9-month period, starting when five of the newly authorized judges are confirmed, except as otherwise noted in section 4(c) (SEC. 15). So, realistically, we are looking at 2026 at the earliest.
Remaking the Courts
The core of this bill is about redrawing lines and adding judges. The Act creates several new judgeships: two immediately for the former Ninth Circuit (in Arizona, California, or Nevada), three for the new Ninth Circuit (not before January 21, 2025), and another two for the former Ninth Circuit (SEC. 4). Existing judges get assigned based on where their duty station was before the split. Judges in California, Guam, Hawaii, and the Northern Mariana Islands stay with the new Ninth. Those in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington move to the Twelfth (SEC. 7). Senior judges get to choose which circuit they want (SEC. 8). The bill also dictates how judge seniority will work in the new setup, basing it on their original commission date (SEC. 9).
Real-World Ripple Effects
So, what does this mean for regular folks? A few things:
- Case Shuffle: Cases already submitted for a decision before the Act kicks in will stay put. But those not yet submitted get moved to whichever court (Ninth or Twelfth) would have had jurisdiction if the split had already happened (SEC. 10). This could mean some cases end up in front of a different set of judges than initially expected.
- "Temporary" Judge Swaps: The chief judges of the new Ninth and Twelfth Circuits can temporarily assign judges between the circuits if it's "in the public interest" (SEC. 11, 12). Think of it like a substitute teacher, but for federal judges. This could be used to address backlogs, but it also raises the question of whether it could be used to influence case outcomes.
- Potential Delays: The whole reshuffling process, including confirming new judges, could take time. Section 14 allows the old Ninth Circuit to handle the administrative transition for up to two years after the Act's effective date. This is a good way to handle the transition, but it's not a fast process.
- Administrative Coordination: The bill does allow for collaboration between the Ninth and Twelfth Circuit on administrative tasks. (SEC. 13). This could lead to either helpful resource sharing, or, if managed improperly, potential conflicts.
The Bottom Line
This Act is a big structural change. While splitting a large circuit could, in theory, make the courts more efficient, the addition of new judges and the "temporary assignment" clauses introduce some uncertainty. The bill authorizes funding to make all this happen (SEC. 16), but how smoothly it all goes down depends a lot on how quickly judges are confirmed and how those temporary assignments are used.