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119-s-5347119th Congress

Circuit Court of Appeals Reorganization Act of 2026

Sponsored By: Senator Lee, Mike [R-UT]

Introduced

Summary

Rewrites which states belong to the Eighth, Ninth, and Tenth U.S. Courts of Appeals to reshape where appeals are heard. The bill would also change how many active circuit judges each court has, where courts sit, and how existing cases and precedents move between circuits.

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  • People and lawyers in affected states would file appeals in different circuits because state assignments change. The bill shifts states like Alaska, Idaho, Montana, and Wyoming into a new Eighth and moves Arizona and Nevada into a new Tenth, while redefining the Ninth's composition.
  • Circuit judges would be reassigned by their official station to the new circuits and keep their original seniority. The bill sets authorized active judges at 15 for the Eighth, 21 for the Ninth, and 16 for the Tenth.
  • Court operations would relocate to specified cities. The Eighth would hold sessions in St. Louis, Kansas City, Rapid City, and St. Paul. The Tenth would sit in Denver, Oklahoma City, Phoenix, and Salt Lake City.
  • Facility and transition details are set. Rapid City need not host sessions until adequate facilities exist and the General Services Administration must provide a report, building plan, and funding request within 1 year. The bill also defines how pending appeals and precedents transfer between the old and new circuits.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

New federal appeals circuit map

If enacted, the bill would redraw which states belong to three federal Courts of Appeals. The new Eighth would include Alaska, Arkansas, Idaho, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, and Wyoming. The new Ninth would include California, Guam, Hawaii, the Northern Mariana Islands, Oregon, and Washington. The new Tenth would include Arizona, Colorado, Kansas, Nevada, New Mexico, Oklahoma, and Utah. These assignments would take effect on the date of enactment.

Which appeals precedents apply

If enacted, the bill would change which older circuit decisions count as binding law in some states. Former Ninth Circuit precedent would stop controlling in Alaska, Arizona, Idaho, Montana, and Nevada. Former Tenth precedent would stop controlling in Wyoming. Former Eighth precedent would control in Alaska, Idaho, Montana, and Wyoming, and former Tenth precedent would control in Arizona and Nevada. The bill defines "former" and "new" circuits for the transition and sets rules so appeals filed before enactment continue or transfer with certified records.

Who becomes your appeals judge

If enacted, current circuit judges would be reassigned to a new Eighth, Ninth, or Tenth Circuit based on their official station the day before enactment. Judges with stations in listed states would move to the matching new circuit. The bill would set the number of active circuit judges: Eighth 15, Ninth 21, and Tenth 16. Reassigned judges would keep their original commission date for seniority and administrative order.

Courthouse sites, Rapid City plan

If enacted, the bill would name cities where the circuits may hold sessions, for example St. Louis, Kansas City, Rapid City, and St. Paul for the Eighth, and Denver, Oklahoma City, Phoenix, and Salt Lake City for the Tenth. The new Eighth would not be required to hold sessions at Rapid City until adequate facilities exist there. The General Services Administration would have one year to submit a report, tentative building plan, and requested appropriation for new courthouse facilities near Rapid City. Congress would be authorized to appropriate such sums as may be necessary to carry out the Act, including court facilities.

Sponsors & CoSponsors

Sponsor

Lee, Mike [R-UT]

UT • R

Cosponsors

  • Sen. Barrasso, John [R-WY]

    WY • R

    Sponsored 8/6/2026

  • Sen. Crapo, Mike [R-ID]

    ID • R

    Sponsored 8/6/2026

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 8/6/2026

  • Sen. Daines, Steve [R-MT]

    MT • R

    Sponsored 8/6/2026

  • Sen. Risch, James E. [R-ID]

    ID • R

    Sponsored 8/6/2026

  • Sen. Sheehy, Tim [R-MT]

    MT • R

    Sponsored 8/6/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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