S. 5347

119 S5347 IS: Circuit Court of Appeals Reorganization Act of 2026
 U.S. Senate
 2026-08-06
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 5347  IN THE SENATE OF THE UNITED STATES   August 6, 2026   Mr. Lee  (for himself,  Mr. Barrasso ,  Mr. Crapo ,  Mr. Cruz ,  Mr. Daines ,  Mr. Risch , and  Mr. Sheehy ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend title 28, United States Code, to modify the composition of certain judicial circuits, and for other purposes.
1.
Short title
This Act may be cited as the   Circuit Court of Appeals Reorganization Act of 2026  .
2.
Findings
Congress finds the following:
(1)
Article III of the Constitution of the United States gives Congress the power to determine the geographic composition of the circuit courts of the United States.
(2)
Based on 2020 United States census figures, the total population of the Ninth Judicial Circuit of the United States has reached over 67,000,000, while that of the next most populous circuit, the Eleventh Judicial Circuit of the United States, stands just above 37,000,000.
(3)
The Ninth Judicial Circuit of the United States covers over 40 percent of the landmass of the United States.
(4)
The Western circuits should be modernized to more accurately reflect population growth and regional nuances.
3.
Circuit court composition
(a)
Number and composition of circuits
The table in section 41 of title 28, United States Code, is amended—
(1)
by striking the item relating to the Eighth Circuit and inserting the following:
        Eighth  Alaska, Arkansas, Idaho, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, Wyoming.      ;
(2)
by striking the item relating to the Ninth Circuit and inserting the following:
        Ninth  California, Guam, Hawaii, Northern Mariana Islands, Oregon, Washington.      ;
  and
(3)
by striking the item relating to the Tenth Circuit and inserting the following:
        Tenth  Arizona, Colorado, Kansas, Nevada, New Mexico, Oklahoma, Utah.      .
(b)
Number of circuit judges
The table in section 44(a) of title 28, United States Code, is amended—
(1)
by striking the item relating to the Eighth Circuit and inserting the following:
        Eighth  15      ;
(2)
by striking the item relating to the Ninth Circuit and inserting the following:
        Ninth  21      ;
  and
(3)
by striking the item relating to the Tenth Circuit and inserting the following:
        Tenth  16      .
(c)
Places of circuit court
The table in section 48(a) of title 28, United States Code, is amended—
(1)
by striking the item relating to the Eighth Circuit and inserting the following:
        Eighth  St. Louis, Kansas City, Rapid City, St. Paul.      ;
  and
(2)
by striking the item relating to the Tenth Circuit and inserting the following:
        Tenth  Denver, Oklahoma City, Phoenix, Salt Lake City.      .
(d)
Status of circuit judges
Each circuit judge in regular active service or senior status of the former Eighth Circuit, the former Ninth Circuit, or the former Tenth Circuit whose official station, on the day before the date of enactment of this Act—
(1)
is in Alaska, Arkansas, Idaho, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, or Wyoming is assigned as a circuit judge of the new Eighth Circuit;
(2)
is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands is assigned as a circuit judge of the new Ninth Circuit; and
(3)
is in Arizona, Colorado, Kansas, Nevada, New Mexico, Oklahoma, or Utah is assigned as a circuit judge of the new Tenth Circuit.
(e)
Seniority
The seniority of each judge who is assigned under subsection (d) shall run from the date of commission of such judge as a judge of the former Eighth Circuit, the former Ninth Circuit, or the former Tenth Circuit, respectively.
(f)
New Eighth Circuit
(1)
In general
The new Eighth Circuit shall not be required to hold terms or sessions of court at Rapid City, South Dakota, until such time as adequate facilities are provided.
(2)
GSA report
Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall submit a report, tentative building plan, and requested appropriation for new courthouse facilities in the Black Hills region in or around Rapid City, South Dakota to—
(A)
the Committee on the Judiciary and the Committee on Environment and Public Works of the Senate;
(B)
the Committee on the Judiciary and Committee on Transportation and Infrastructure of the House of Representatives; and
(C)
any other committee of the Senate or the House of Representatives with jurisdiction of the construction of the new courthouse facilities.
(g)
Abrogation of prior precedent for States changing circuits
(1)
Former Ninth Circuit States
Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Ninth Circuit shall cease to apply, have binding authority, or serve as controlling law with respect to any matter arising in Alaska, Arizona, Idaho, Montana, or Nevada.
(2)
Former Tenth Circuit State
Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Tenth Circuit shall cease to apply, have binding authority, or serve as controlling law with respect to any matter arising in Wyoming.
(h)
Immediate adoption of prior precedent for States changing circuits
(1)
New Eighth Circuit States
Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Eighth Circuit shall apply, have binding authority, and serve as controlling law with respect to any matter arising in Alaska, Idaho, Montana, or Wyoming.
(2)
New Tenth Circuit States
Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Tenth Circuit shall apply, have binding authority, and serve as controlling law with respect to any matter arising in Arizona or Nevada.
(i)
Proceedings
For any case in which, on the day before the date of enactment of this Act, an appeal or other proceeding has been filed with the former Eighth Circuit, the former Ninth Circuit, or the former Tenth Circuit, the following shall apply:
(1)
If the matter has been submitted for decision, further proceedings with respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted.
(2)
If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court.
(3)
A petition for rehearing or a petition for rehearing en banc in a matter decided before the date of enactment of this Act, or submitted before the date of enactment of this Act and decided on or after such date of enactment as provided in paragraph (1) of this subsection, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted.
(j)
Definitions
As used in this section—
(1)
the term  former Eighth Circuit  means the Eighth Judicial Circuit of the United States as in existence on the day before the date of enactment of this Act;
(2)
the term  former Ninth Circuit  means the Ninth Judicial Circuit of the United States as in existence on the day before the date of enactment of this Act;
(3)
the term  former Tenth Circuit  means the Tenth Judicial Circuit of the United States as in existence on the day before the date of enactment of this Act;
(4)
the term  new Eighth Circuit  means the Eighth Judicial Circuit of the United States established by the amendment made by subsection (a)(1);
(5)
the term  new Ninth Circuit  means the Ninth Judicial Circuit of the United States established by the amendment made by subsection (a)(2); and
(6)
the term  new Tenth Circuit  means the Tenth Judicial Circuit of the United States established by the amendment made by subsection (a)(3).
4.
Circuit court composition
There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including funds for additional court facilities.