Midnight Judges

The Midnight Judges Act (also known as the Judiciary Act of 1801; 2 Stat. 89, and officially An act to provide for the more convenient organization of the Courts of the United States) represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century. There was concern, beginning in 1789, about the system that required the Justices of the Supreme Court to “ride circuit” and reiterate decisions made in the appellate level courts. The Supreme Court Justices had often voiced concern and suggested that the judges of the Supreme and circuit courts be divided. President Thomas Jefferson did not want the judiciary to gain more power over the executive branch.

The Act reduced the number of seats on the Supreme Court from 6 to 5, effective upon the next vacancy in the Court. No such vacancy occurred during the brief period the Act was in effect, so the size of the Court remained unchanged. The Act also created 16 new judgeships that John Adams rapidly began to fill in the last weeks of his presidency. These judges came to be known as the "Midnight Judges."

The Act reorganized the circuit courts, doubling them in number from three to six, and created three new circuit judgeships for each circuit (except the sixth, which received only one circuit judge). In addition to creating new lifetime posts for Federal judges, the circuit judgeships were intended to relieve the Justices of the Supreme Court from the hardships of riding circuit (that is, sitting as judges on the circuit courts). The circuit judge-ships were abolished in 1802, and the Justices continued to ride circuit until 1879. One of the judges on the Supreme Court appointed by Adams was Chief Justice John Marshall.

The Act also reorganized the district courts, creating ten. These courts were to be presided over by the existing district judges in most cases. In addition to subdividing several of the existing district courts, it created the District of Ohio which covered the Northwest and Indiana Territories, and the District of Potomac from the District of Columbia and pieces of Maryland and Virginia, which was the first time a federal judicial district crossed state lines. However, the district courts for Kentucky and Tennessee were abolished, and their judges reassigned to the circuit courts.

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