Circuit split

In United States federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case. Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason.

Despite the Supreme Court's desire to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of local residents. Scholars have also observed that regional variations in different areas of the United States have provided certain circuits with a particular specialization or expertise in some subjects of the law.

Article III of the United States Constitution specifies that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In 1789, Congress created the first system of intermediate appellate courts, known as federal circuit courts, which had appellate jurisdiction over certain matters decided by District Courts. These federal circuit courts consisted of two justices from the Supreme Court of the United States and one district court judge. In 1891, Congress created the existing system of United States courts of appeals, which hear appeals from United States district courts within limited geographic areas. For example, the United States Court of Appeals for the Fifth Circuit hears appeals originating from United States district courts in Louisiana, Mississippi, and Texas. Decisions in circuit courts are usually made by rotating three-judge panels chosen from judges sitting within that circuit, and circuit courts also occasionally decide cases en banc.

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