S 5347

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IN THE SENATE OF THE UNITED STATES

August 6, 2026

Mr. Lee (for himself, Mr. Barrasso, Mr. Crapo, Mr. Cruz, Mr. Daines, Mr. Risch, and Mr. Sheehy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to modify the composition of certain judicial circuits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Circuit Court of Appeals Reorganization Act of 2026”.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Article III of the Constitution of the United States gives Congress the power to determine the geographic composition of the circuit courts of the United States.

(2) Based on 2020 United States census figures, the total population of the Ninth Judicial Circuit of the United States has reached over 67,000,000, while that of the next most populous circuit, the Eleventh Judicial Circuit of the United States, stands just above 37,000,000.

(3) The Ninth Judicial Circuit of the United States covers over 40 percent of the landmass of the United States.

(4) The Western circuits should be modernized to more accurately reflect population growth and regional nuances.

SEC. 3. CIRCUIT COURT COMPOSITION.

(a) Number and Composition of Circuits.—The table in section 41 of title 28, United States Code, is amended—

(1) by striking the item relating to the Eighth Circuit and inserting the following:

“Eighth................................. Alaska, Arkansas, Idaho, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, Wyoming.”;

(2) by striking the item relating to the Ninth Circuit and inserting the following:

“Ninth.................................. California, Guam, Hawaii, Northern Mariana Islands, Oregon, Washington.”;

and

(3) by striking the item relating to the Tenth Circuit and inserting the following:

“Tenth.................................. Arizona, Colorado, Kansas, Nevada, New Mexico, Oklahoma, Utah.”.

(b) Number of Circuit Judges.—The table in section 44(a) of title 28, United States Code, is amended—

(1) by striking the item relating to the Eighth Circuit and inserting the following:

“Eighth................................................... 15”;

(2) by striking the item relating to the Ninth Circuit and inserting the following:

“Ninth.................................................... 21”;

and

(3) by striking the item relating to the Tenth Circuit and inserting the following:

“Tenth.................................................... 16”.

(c) Places of Circuit Court.—The table in section 48(a) of title 28, United States Code, is amended—

(1) by striking the item relating to the Eighth Circuit and inserting the following:

“Eighth................................. St. Louis, Kansas City, Rapid City, St. Paul.”;

and

(2) by striking the item relating to the Tenth Circuit and inserting the following:

“Tenth.................................. Denver, Oklahoma City, Phoenix, Salt Lake City.”.

(d) Status of Circuit Judges.—Each circuit judge in regular active service or senior status of the former Eighth Circuit, the former Ninth Circuit, or the former Tenth Circuit whose official station, on the day before the date of enactment of this Act—

(1) is in Alaska, Arkansas, Idaho, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, or Wyoming is assigned as a circuit judge of the new Eighth Circuit;

(2) is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands is assigned as a circuit judge of the new Ninth Circuit; and

(3) is in Arizona, Colorado, Kansas, Nevada, New Mexico, Oklahoma, or Utah is assigned as a circuit judge of the new Tenth Circuit.

(e) Seniority.—The seniority of each judge who is assigned under subsection (d) shall run from the date of commission of such judge as a judge of the former Eighth Circuit, the former Ninth Circuit, or the former Tenth Circuit, respectively.

(f) New Eighth Circuit.—

(1) In general.—The new Eighth Circuit shall not be required to hold terms or sessions of court at Rapid City, South Dakota, until such time as adequate facilities are provided.

(2) GSA report.—Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall submit a report, tentative building plan, and requested appropriation for new courthouse facilities in the Black Hills region in or around Rapid City, South Dakota to—

(A) the Committee on the Judiciary and the Committee on Environment and Public Works of the Senate;

(B) the Committee on the Judiciary and Committee on Transportation and Infrastructure of the House of Representatives; and

(C) any other committee of the Senate or the House of Representatives with jurisdiction of the construction of the new courthouse facilities.

(g) Abrogation of Prior Precedent for States Changing Circuits.—

(1) Former ninth circuit states.—Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Ninth Circuit shall cease to apply, have binding authority, or serve as controlling law with respect to any matter arising in Alaska, Arizona, Idaho, Montana, or Nevada.

(2) Former tenth circuit state.—Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Tenth Circuit shall cease to apply, have binding authority, or serve as controlling law with respect to any matter arising in Wyoming.

(h) Immediate Adoption of Prior Precedent for States Changing Circuits.—

(1) New eighth circuit states.—Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Eighth Circuit shall apply, have binding authority, and serve as controlling law with respect to any matter arising in Alaska, Idaho, Montana, or Wyoming.

(2) New tenth circuit states.—Except as expressly provided in subsection (i), on and after the date of enactment of this Act, the judicial precedents, rulings, and interpretations of the former Tenth Circuit shall apply, have binding authority, and serve as controlling law with respect to any matter arising in Arizona or Nevada.

(i) Proceedings.—For any case in which, on the day before the date of enactment of this Act, an appeal or other proceeding has been filed with the former Eighth Circuit, the former Ninth Circuit, or the former Tenth Circuit, the following shall apply:

(1) If the matter has been submitted for decision, further proceedings with respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted.

(2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court.

(3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the date of enactment of this Act, or submitted before the date of enactment of this Act and decided on or after such date of enactment as provided in paragraph (1) of this subsection, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted.

(j) Definitions.—As used in this section—

(1) the term “former Eighth Circuit” means the Eighth Judicial Circuit of the United States as in existence on the day before the date of enactment of this Act;

(2) the term “former Ninth Circuit” means the Ninth Judicial Circuit of the United States as in existence on the day before the date of enactment of this Act;

(3) the term “former Tenth Circuit” means the Tenth Judicial Circuit of the United States as in existence on the day before the date of enactment of this Act;

(4) the term “new Eighth Circuit” means the Eighth Judicial Circuit of the United States established by the amendment made by subsection (a)(1);

(5) the term “new Ninth Circuit” means the Ninth Judicial Circuit of the United States established by the amendment made by subsection (a)(2); and

(6) the term “new Tenth Circuit” means the Tenth Judicial Circuit of the United States established by the amendment made by subsection (a)(3).

SEC. 4. CIRCUIT COURT COMPOSITION.

There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including funds for additional court facilities. <all>