- Potential benefitReduces the geographic scope and likely caseload per circuit court, which supporters may argue will speed appeals, redu…
- Local governmentsCreates new judicial positions and may lead to additional hiring for judges' staffs, clerks, court administration, and…
- StatesImproves regional access to appellate courts by locating official court venues in additional cities within the two smal…
Judicial Reorganization Act of 2025
Read twice and referred to the Committee on the Judiciary.
The Judicial Reorganization Act of 2025 would split the current U.S. Court of Appeals for the Ninth Circuit into two circuits: a reconstituted Ninth Circuit (California, Guam, Hawaii) and a new Twelfth Circuit (Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington). It adds two circuit judgeships tied to the geographic areas of the former Ninth Circuit, sets the total number of circuit judges (Ninth 18, Twelfth 13), and designates principal court locations (Ninth: Honolulu, San Francisco, Pasadena; Twelfth: Phoenix, Seattle, Portland).
Progressives emphasize risk of shifting ideological balance and adverse impacts on civil-rights, environmental, and immigrant-protective precedent; conservatives emphasize efficiency and reduction of a large, centralized circuit.
Relative to its intended legislative type, this bill is a substantive statutory reorganization that is legally specific in how it alters title 28: it defines new circuits, enumerates judgeships and duty stations, prescribes judge assignment and seniority rules, and addresses pending cases and transition administration.
The Judicial Reorganization Act of 2025 would split the current U.S. Court of Appeals for the Ninth Circuit into two circuits: a reconstituted Ninth Circuit (California, Guam, Hawaii) and a new Twelfth Circuit (Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington).
It adds two circuit judgeships tied to the geographic areas of the former Ninth Circuit, sets the total number of circuit judges (Ninth 18, Twelfth 13), and designates principal court locations (Ninth: Honolulu, San Francisco, Pasadena; Twelfth: Phoenix, Seattle, Portland).
Active judges are assigned to the new circuits by their official duty station; senior judges may elect their assignment.
On content alone, the bill is a clear, implementable, and narrowly tailored institutional change—factors that favor enactment—but it touches a highly sensitive area (structure of the federal courts) that often produces partisan and regional opposition, uncertain budget detail, and procedural friction in the Senate; those factors reduce the likelihood of passage absent strong cross‑chamber consensus and leadership prioritization.
Relative to its intended legislative type, this bill is a substantive statutory reorganization that is legally specific in how it alters title 28: it defines new circuits, enumerates judgeships and duty stations, prescribes judge assignment and seniority rules, and addresses pending cases and transition administration. The bill is strong on statutory mechanics but sparing on explanatory findings, quantified fiscal detail, operational logistics, and oversight provisions.
Progressives emphasize risk of shifting ideological balance and adverse impacts on civil-rights, environmental, and immigrant-protective precedent; conservatives emphasize efficiency and reduction of a large, centralized circuit.
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Federal agenciesIncreases federal costs for additional judges, court staff, and courthouse facilities and will require appropriations;…
- Potential burdenCreates administrative complexity and transitional burdens (case transfers, reassignment of judges, two-year administra…
- Federal agenciesMay produce divergent circuit precedent across the two new circuits on important federal issues (including civil rights…
Why the argument around this bill splits.
Progressives emphasize risk of shifting ideological balance and adverse impacts on civil-rights, environmental, and immigrant-protective precedent; conservatives emphasize efficiency and reduction of a large, centralize…
A mainstream liberal would likely view the bill with concern about the potential for a change in appellate ideological balance and the possibility that the split is politically motivated.
They would acknowledge potential administrative or access-to-justice benefits from smaller caseloads, but worry that the new Twelfth Circuit’s composition could produce more conservative rulings on civil rights, environmental protection, immigration, and voting issues.
They would appreciate the bill’s protections for pending cases and senior-judge choice, but remain skeptical without guarantees about appointments, resources, and how precedent will be handled.
A pragmatic centrist would see legitimate administrative reasons for splitting an unusually large circuit — potential efficiency, better regional alignment, and reduced caseload per judge — but would be cautious about execution, costs, and legal continuity.
They would view provisions that preserve pending appeals and allow senior-judge choice as sensible transitional measures, while wanting clearer budget estimates and implementation detail.
The immediate activation of two judgeships on enactment is notable and raises questions about timing and federal appointment dynamics.
A mainstream conservative would generally welcome the bill as a correction to an oversized and often-criticized Ninth Circuit — arguing that smaller circuits are more efficient, better aligned geographically, and can reduce perceived liberal domination of appellate decisions.
The immediate creation of two judgeships on enactment is attractive because it creates opportunities for nominations consistent with the administration’s priorities.
They would view the assignment rules and preservation of pending-case treatment as reasonable transition features and would be inclined to strongly support the legislation, while accepting the need for appropriations for facilities.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
On content alone, the bill is a clear, implementable, and narrowly tailored institutional change—factors that favor enactment—but it touches a highly sensitive area (structure of the federal courts) that often produces partisan and regional opposition, uncertain budget detail, and procedural friction in the Senate; those factors reduce the likelihood of passage absent strong cross‑chamber consensus and leadership prioritization.
- No cost estimate or Congressional Budget Office score is included; the fiscal implications for the Judiciary (new judgeships, facilities) are unspecified and could affect support.
- Political support and opposition among Senators and Representatives, and whether leadership will prioritize the bill or attach riders, is unknown and critically affects prospects.
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Progressives emphasize risk of shifting ideological balance and adverse impacts on civil-rights, environmental, and immigrant-protective pr…
On content alone, the bill is a clear, implementable, and narrowly tailored institutional change—factors that favor enactment—but it touche…
Relative to its intended legislative type, this bill is a substantive statutory reorganization that is legally specific in how it alters title 28: it defines new circuits, enumerates judgeships and duty stations, prescr…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.