[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5347 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5347
To amend title 28, United States Code, to modify the composition of
certain judicial circuits, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Circuit Court of Appeals
Reorganization Act of 2026''.
SEC. 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.
SEC. 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).
SEC. 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.
<all>