S. 5347: Circuit Court of Appeals Reorganization Act of 2026 (119th Congress) Bill Summary

This bill would redraw the federal appeals court map in the western and central United States. It would split the current Eighth, Ninth, and Tenth Circuits into new versions with different states assigned to each circuit.

What changes to the courts

Eighth Circuit: would cover Alaska, Arkansas, Idaho, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, and Wyoming.
Ninth Circuit: would cover California, Guam, Hawaii, the Northern Mariana Islands, Oregon, and Washington.
Tenth Circuit: would cover Arizona, Colorado, Kansas, Nevada, New Mexico, Oklahoma, and Utah.

The bill also changes how many judges each circuit has:

Eighth Circuit: 15 judges
Ninth Circuit: 21 judges
Tenth Circuit: 16 judges

How judges and cases would be handled

Current judges would be reassigned to the new circuits based on where their official station is located. Their seniority would stay tied to when they first got their commission.

Cases already filed before the bill takes effect would generally keep moving through the system under the old rules if they have already been submitted for decision. If a case has been filed but not yet submitted, it would be transferred to the new appropriate circuit.

Rehearing requests and en banc rehearing requests already pending or decided would generally be treated as if the reorganization had not happened.

Changes to legal precedent

The bill would change which past circuit court decisions control in some states. In general:

For Alaska, Idaho, Montana, and Wyoming, the bill says the prior Ninth Circuit precedents would stop controlling, and former Eighth Circuit precedents would apply instead.
For Arizona and Nevada, former Tenth Circuit precedents would apply.
For Alaska, Arizona, Idaho, Montana, Nevada, and Wyoming, the bill says certain former circuit precedents would no longer have binding effect in the affected states, except where the bill specifically preserves them.

In plain terms, the bill would not only move states into different appeals courts, but also change which past appellate rulings those states must follow.

Courthouse facilities

The bill says the new Eighth Circuit would not be required to hold court sessions in Rapid City, South Dakota, until adequate facilities are available. It also directs the General Services Administration to prepare a report and building plan for possible new courthouse facilities in or near Rapid City within one year, and to request funding for them.