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Congressional Court Watcher: Circuit Splits from September 2024 (CRS Report for Congress)

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Release Date Oct. 4, 2024
Report Number LSB11238
Report Type Legal Sidebar
Authors Michael John Garcia
Source Agency Congressional Research Service
Summary:

The U.S. Courts of Appeals for the 13 “circuits” issue thousands of precedential decisions each year. Because relatively few of these decisions are ultimately reviewed by the Supreme Court, the U.S. Courts of Appeals are often the last word on consequential legal questions. The federal appellate courts sometimes reach different conclusions on the same issue of federal law, causing a “split” among the circuits that leads to the nonuniform application of federal law among similarly situated litigants. This Legal Sidebar discusses circuit splits that emerged or widened following decisions from the last month on matters relevant to Congress. The Sidebar does not address every circuit split that developed or widened during this period. Selected cases typically involve judicial disagreement over the interpretation or validity of federal statutes and regulations, or constitutional issues relevant to Congress’s lawmaking and oversight functions. The Sidebar only includes cases in which an appellate court’s controlling opinion recognizes a split among the circuits on a key legal issue resolved in the opinion. Some cases identified in this Sidebar, or the legal questions they address, are examined in other CRS general distribution products. Members of Congress and congressional staff may click here to subscribe to the CRS Legal Update and receive regular notifications of new products and upcoming seminars by CRS attorneys.