Landmark Legislation: Eleventh Circuit

Landmark Legislation

Historical Note
Statute Text

94 Stat. 1994
October 14, 1980

In 1980, Congress created an Eleventh Judicial Circuit consisting of three states that had been part of the Fifth Circuit since 1862. By the early 1960s, the U.S. Court of Appeals for the Fifth Circuit had become the nation's busiest federal appeals court as well as the forum for dramatic civil rights cases. For nearly twenty years and against the background of some of the most controversial litigation in the history of the federal courts, the judges of the Fifth Circuit, members of the Judicial Conference, and the Congress debated how the circuit's court of appeals might best manage the increased caseload.

In response to overcrowded dockets in the Fifth Circuit and elsewhere, the Judicial Conference in 1963 appointed a committee to examine the geographical organization of the circuits. The committee concluded that no court of appeals should have more than nine judges and recommended that the Fifth Circuit, already authorized for nine judges, be divided. Texas and Louisiana would form an Eleventh Circuit, while Florida, Georgia, Alabama, and Mississippi would constitute a new Fifth Circuit. Senator James Eastland, chairman of the Judiciary Committee, insisted that in any circuit division his native Mississippi be separated from Texas and Louisiana and their allegedly more liberal judges.

Although a majority of judges on the Fifth Circuit court of appeals supported division as a means to more judgeships, Judges John Minor Wisdom of Louisiana and Richard Rives of Alabama feared that the proposed division would dissolve the coalitions of judges who provided a majority for many of the decisions for civil rights plaintiffs, and they successfully organized support for preserving the historical Fifth Circuit. Instead of dividing the circuit, Congress acceded to the Judicial Conference's request for more judgeships, and by 1968 increased the size of the court to 15 judges.

Following a recommendation from the congressionally-chartered Commission on Revision of the Federal Court Appellate System, Congress in 1977 considered a division of the Fifth Circuit as part of the Omnibus Judgeship bill. After the bill's easy approval in the Senate, the House Judiciary Committee hearings gave voice to the opposition of civil rights leaders who feared the effects of dividing a court of appeals that had provided institutional support for civil rights in the Deep South. The act approved in 1978 left the Fifth Circuit intact, but allowed courts of appeals with more than 15 judges to divide themselves into administrative units.

With 26 authorized judgeships, the Fifth Circuit court of appeals after 1978 faced nearly insurmountable administrative challenges, particularly when they first attempted to convene as a court. In 1980 the judges of the court unanimously recommended that Congress divide the circuit. In the meantime, the resignation of Senator Eastland allowed more flexibility in the division of states, and the appointment of new judges, including the court's first African American, eased the concerns of civil rights leaders. The act of October 1980 provided that as of October 1, 1981, Texas, Louisiana, and Mississippi would comprise a new Fifth Circuit and an Eleventh Judicial Circuit would encompass Florida, Georgia, and Alabama.

Further reading:
Barrow, Deborah J., and Thomas G. Walker. A Court Divided: The Fifth Circuit Court of Appeals and the Politics of Judicial Reform. New Haven: Yale University Press, 1988.

94 Stat. 1994
October 14, 1980

An Act

To amend title 28, United States Code, to divide the fifth judicial circuit of the United States into two circuits, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Fifth Circuit Court of Appeals Reorganization Act of 1980".

SEC. 2. Section 41 of title 28, United States Code, is amended-

(1) in the text before the table, by striking out "eleven" and inserting in lieu thereof "twelve";

(2) in the table, by striking out the item relating to the fifth circuit and inserting in lieu thereof the following new item:

"Fifth.. District of the Canal Zone, Louisiana, Mississippi, Texas.";

and

(3) at the end of the table, by adding the following new item:

"Eleventh Alabama, Florida, Georgia.".

SEC. 3. The table in section 44(a) of title 28, United States Code, is amended-

(1) by striking out the item relating to the fifth circuit and inserting in lieu thereof the following new item:

"Fifth....... 14";

and

(2) by adding at the end thereof the following new item:

"Eleventh.. 12".

SEC. 4. The table in section 48 of title 28, United States Code, is amended-

(1) by striking out the item relating to the fifth circuit and inserting in lieu thereof the following new item:

"Fifth... New Orleans, Fort Worth, Jackson.";

and

(2) by adding at the end thereof the following new item:

"Eleventh... Atlanta, Jacksonville, Montgomery.".

SEC. 5. Each circuit judge in regular active service of the former fifth circuit whose official station on the day before the effective date of this Act-

(1) is in Louisiana, Mississippi, or Texas is assigned as a circuit judge of the new fifth circuit; and

(2) is in Alabama, Florida, or Georgia is assigned as a circuit judge of the eleventh circuit.

SEC. 6. Each judge who is a senior judge of the former fifth circuit on the day before the effective date of this Act may elect to be assigned to the new fifth circuit or to the eleventh circuit and shall notify the Director of the Administrative Office of the United States Courts of such election.

SEC. 7. The seniority of each judge-

(1) who is assigned under section 5 of this Act; or

(2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former fifth circuit.

SEC. 8. The eleventh circuit is authorized to hold terms or sessions of court at New Orleans, Louisiana, until such time as adequate facilities for such court are provided in Atlanta, Georgia.

SEC. 9. The provisions of the following paragraphs of this section apply to any case in which, on the date before the effective date of this Act, an appeal or other proceeding has been filed with the former fifth circuit:

(1) If the matter has been submitted for decision, further proceedings in 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 it 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 effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in provided in paragraph (1) of this section, 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.

SEC. 10. As used in sections 5, 6, 7, 8, and 9 of this Act, the term-

(1) "former fifth circuit" means the fifth judicial circuit of the United States as in existence on the day before the effective date of this Act;

(2) the term "new fifth circuit" means the fifth judicial circuit of the United States established by the amendment made by section 2(2) of this Act; and

(3) the term "eleventh circuit" means the eleventh judicial circuit of the United States established by the amendment made by section 2(3) of this Act.

SEC. 11. The court of appeals for the fifth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act. Such court shall cease to exist for administrative purposes on July 1, 1984.

SEC. 12. This Act and the amendments made by this Act shall take effect on October 1, 1981.

Approved October 14, 1980.