Feminist Court Watch

US Circuit Courts of Appeals

While the right to an abortion was established by the 1973 Supreme Court ruling in Roe v. Wade, decisions made in the US Circuit Courts of Appeals continue to determine the implementation and protection of this right. Because the majority of cases never reach the Supreme Court, the appellate courts are the last resort for most federal cases involving reproductive rights and civil rights for women and minorities. In fact, 99 percent of federal cases will be settled in the circuit courts. With lifetime terms, Bush appointees will be making decisions that affect women’s rights, civil rights, reproductive rights, workers rights, disability rights, LGBT rights, environmental justice, and human rights for generations to come.

Bush Appoints Anti-Choice, Anti-Women Nominees
President Bush is clearly anti-choice. Since his first days in office, he has filled his administration with ultra-conservative, anti-choice individuals. In 1994, Bush stated that he would do everything in his power to restrict abortion (Dallas Morning News, October 22, 1994). He has made this clear in the way he has tried to fill federal court vacancies with anti-choice, anti-women nominees. Learn more about Bush's judicial nominations and take action against anti-women nominees>>

Blocking Anti-Choice, Anti-Women Nominees in the Senate
Under the Constitution, the Senate has an equally important role in the confirmation of Supreme Court justices. Senators have a constitutional obligation to research and review decisions, philosophies, records and/or speeches of nominees. Actions by pro-choice Senators to oppose anti-choice nominees in the Senate will be crucial in blocking President Bush's determined attempts to stack the federal courts with reactionary judges. More about the Senate's role in blocking anti-women judicial nominees>>

US Circuit Courts of Appeals: The Structure

Federal judges are nominated by the President and must be confirmed by a majority in the Senate. The Senate Judiciary Committee can vote down the recommendation of an appeals court nominee and block that candidate.
All appointments to the federal judiciary are lifetime appointments.
The federal court system is divided into three levels: the district courts, circuit courts, and the Supreme Court. Once a case is decided at the district level, either party can have their appeal heard by the appellate court in their circuit.
Federal circuit courts each have jurisdiction over 3 to 6 states, and appellate court rulings have the force of law for the states within that circuit. There are 7 to 23 judges in each circuit, and cases are heard by a 3-judge panel.

The Circuit Courts: The Last Resort For Most Abortion and Civil Rights Cases

Whereas appellate courts must hear any case that is appealed to them, the Supreme Court only reviews the cases it selects.
On average, the Circuit Courts hear nearly 35,000 cases per year, while the Supreme Court rules on roughly 78.
Most cases will never reach the Supreme Court. Consequently, decisions made by appellate court judges remain extremely powerful measures directly determining women's and civil rights across the country.

Conservative Circuit Courts Undermine Abortion, Women's Rights, and Civil Rights
Okpalobi v. Foster, 2000: The Fifth Circuit Court overruled a challenge to Louisiana's "Stealth Abortion Law". This state law dictates that any abortion, regardless of how far into the pregnancy it is performed, is a civil wrong. If the woman who has the abortion files suit against her abortion provider, she may receive unlimited monetary compensation. The law is not specific to malpractice cases. With the imminent threat of lawsuits to abortion providers, abortions will become largely unavailable to women.

Hopwood v. Texas, 2000: Ignoring Supreme Court case law that allows race to be considered as one factor in college decisions, the Fifth Circuit Court of Appeals forbid any use of race in college and graduate school admissions. Minority enrollment in Texas colleges and law schools fell dramatically as a result.

Lanning v. South Eastern Pennsylvania Transportation Authority (SEPTA), 2002: The third circuit ruled that SEPTA, the law enforcement authority that patrols the subway system in Philadelphia, could require that its applicants run 1.5 miles in 12 minutes. This standard is one that the vast majority of women applicants do not meet, that SEPTA's incumbent officers are not required to meet, and that is more than the United States Armed forces requires of its incumbent troops. The court's decision encourages employers to create barriers to the employment of women by requiring physical prowess that is actually not necessary for job performance.

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