CIRCUIT CAPTURE AND THE NATIONAL COURT OF APPEALS
Vol. 97, No. 3, Spring 2025
By John P. Collins, Jr. [PDF]

Confidence in our federal courts is at an all-time low. Mired in ethical scandals and lurching aggressively to the right, the Supreme Court has been a target both for blame and reform. But as important as Supreme Court reform is, that narrow focus misses the bigger picture and perhaps a bigger problem. After all, most cases will never get beyond the twelve regional U.S. Courts of Appeals, which have become just as polarized but without the same level of attention. The intermediate appellate tier’s regional organization is an arbitrary product of history, and it no longer makes sense. In fact, it’s making things worse. By creating a patchwork of discrete and powerful judicial fiefdoms, the regional circuits are subject to capture: exploitation by partisan actors for political advantage. Capturing a single circuit is enough to wreak havoc on the rule of law, and it’s happening. One need not look further than the current Fifth Circuit, an ultraconservative stronghold constantly in the headlines for its sweeping, disruptive, and politically-charged decisions. This structural problem demands a structural solution: replacing the regional circuits with a single, unified National Court of Appeals. This Article argues that a single, centralized intermediate federal appellate court would alleviate the partisan problems generated by captured circuits, promote uniformity of federal law, and streamline the appellate process.