Circuit Court of Appeals Reorganization Act of 2026

What it does

• •Reorganizes the geographic boundaries of three federal circuit courts: removes Alaska, Arizona, Idaho, Montana, Nevada, and Wyoming from the Ninth Circuit; assigns these states to the Eighth and Tenth Circuits; leaves the Ninth Circuit with only California, Hawaii, Guam, Oregon, and Washington.
• •Adjusts the authorized number of circuit judges for each affected circuit: increases the Ninth Circuit from its current number to 21 judges, the Eighth Circuit to 15 judges, and the Tenth Circuit to 16 judges.
• •Changes the locations where each circuit court holds sessions: the Eighth Circuit adds Rapid City, South Dakota; the Tenth Circuit adds Phoenix and changes its configuration to Denver, Oklahoma City, Phoenix, and Salt Lake City.
• •Provides that prior Ninth and Tenth Circuit precedent no longer controls in states moving to different circuits, while immediately adopting the precedent of the receiving circuit for those states; protects pending cases filed before enactment by allowing them to continue under prior circuit rules.

Why it matters

• •The bill addresses the stated concern that the current Ninth Circuit encompasses over 67 million people and 40 percent of U.S. land area, making it significantly larger than other circuits, which may affect judicial efficiency and consistency of precedent.
• •The shift in governing precedent means litigants in affected states will be bound by different judicial interpretations of federal law going forward, potentially changing outcomes in areas where the circuits previously disagreed.
• •The bill requires a General Services Administration report and appropriations for new courthouse facilities in South Dakota, affecting federal judicial infrastructure.

Who is affected

• •Federal court litigants and practitioners in Alaska, Arizona, Idaho, Montana, Nevada, and Wyoming, whose cases will be decided under different circuit court rules and precedent.
• •Current circuit judges in the Eighth, Ninth, and Tenth Circuits, who are reassigned to their geographically corresponding new circuits while maintaining their existing seniority.
• •Federal courts and the General Services Administration, responsible for implementing the circuit reorganization and constructing new court facilities.

What happens next

The bill has been referred to the Senate Committee on the Judiciary; further legislative action requires committee review and approval by both chambers of Congress.