The U.S. Court of Appeals: Background and Circuit Splits from 2025

CRS Report, The U.S. Court of Appeals: Background and Circuit Splits from 2025, R49042. 07/23/2026: “The U.S. Courts of Appeals frequently act as the final arbiters of questions of law within their respective jurisdictions. Although the Supreme Court of the United States sits at the pinnacle of the American judicial system and acts as the final arbiter on questions of federal law, the number of precedential decisions issued each year by the Court is quite small. For example, in both of its two most recently concluded terms, the 2023 and 2024 Terms, the Court issued final decisions in 68 argued cases, 64 through signed opinions and the remainder through per curiam opinions. By contrast, the courts that sit just below the Supreme Court in the federal judicial hierarchy—the U.S. Courts of Appeals for 13 “circuits”—issue thousands of precedential decisions every year. The most current data available from the U.S. Courts reveal that in FY2025 and FY2024, the appellate courts for the 12 “regional” circuits (i.e., all of the federal courts of appeals other than the U.S. Court of Appeals for the Federal Circuit) published, respectively, 3,420 and 3,369 precedential opinions disposing of appeals to those courts…

The U.S. Courts of Appeals play a pivotal role in shaping federal law. Their decisions often determine how statutes and constitutional provisions apply in practice, particularly when the Supreme Court declines review. Because these rulings bind all district courts within a circuit and frequently diverge across circuits, they can create lasting differences in the interpretation and application of federal law nationwide. In 2025, nearly 100 circuit splits emerged or widened and remain unresolved as of this report. Congress is constitutionally empowered to respond legislatively to many of these decisions, and may amend to clarify statutory provisions that courts interpret differently across the country…”

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