Each state in the United States has its own court system, separate from the federal court system. This means there are essentially 51 legal systems: one for each state and one for the federal government. Additionally, U.S. Territories and the military have their own court systems. This setup is often referred to as the dual court system.

In the dual court system, state courts handle crimes that violate state laws, while federal courts handle crimes that violate federal laws. For example, if someone robs a bank, they may be charged with violating both state laws (such as robbery) and federal laws (such as bank robbery), depending on the circumstances of the case.

As shown in figure 7.3, a case can sometimes transition from the state system to the federal system or vice versa, depending on the nature of the case.

The Federal Court System

Article III of the U.S. Constitution established the Supreme Court of the United States and gave Congress the power to create lower federal courts. The Constitution says that the judicial power of the United States is in one Supreme Court and any other courts that Congress decides to create.

It’s worth noting that Article III was kept short because it was both important and hotly debated by the Founding Fathers. Following this authority, Congress created the first lower federal court system in 1789 through the Judiciary Act. Since then, the federal court system has grown, and Congress can change it when needed.

Figure 7.3 outlines the differences between the federal court system and the state court system, including how judges are selected and the types of cases they handle.

Selection of Judges

Types of Cases Heard

U.S. Supreme Court

“EQUAL JUSTICE UNDER LAW.” This statement, inscribed above the primary entrance to the Supreme Court Building, underscores the most important duty of the United States’ Supreme Court. The U.S. Supreme Court is the highest court in America, as such, it is often referred to as the court of last resort. It’s located in Washington, D.C., and is made up of nine justices who all work together. The current justices are pictured in figure 7.5, and you can explore more about the current U.S. Supreme Court Justices [Website] if you would like. They decide on important cases that affect both state and federal laws. The Court also keeps an eye on the lower federal courts to make sure there is consistency in rulings. The justices have a big role in deciding what the U.S. Constitution allows and doesn’t allow. They’re the most powerful when it comes to understanding and explaining the Constitution. They make all decisions as a panel, deciding the outcomes in cases by majority rules, for example, a 5-4 decision, and by voting on which cases they consider important constitutional questions that affect all Americans. One of the justices, Robert H. Jackson, once said that the Supreme Court isn’t perfect, but its decisions are final. This means that the Court’s decisions are very important and can’t be easily changed. However, in some cases, Congress can make new laws that change what the Court decides.

The Court has a discretionary review over most cases brought from the state supreme courts and federal appeals courts, which means they get to choose which cases they decide. They make these decisions through a process called a petition for the writ of certiorari, which is sometimes called the rule of four. In this case selection process, four justices must agree to accept and review a case, which happens in less than 10 percent of the cases filed. Arguably, the greatest nine legal minds in the country decide about 100 to 150 cases each year.

Once accepted, the Court schedules and hears oral arguments on the case and then delivers written opinions. Over the past ten years, approximately 8,000 petitions for writ of certiorari have been filed annually. It is difficult to guess which cases the court will accept for review. However, a common reason the court accepts to review a case is that the federal circuit courts have reached conflicting results on important issues presented in the case (UScourts.gov – Writs of Certiorari [Website], 2022). Very rarely, the Supreme Court must try and decide a case for the first time. This is called original jurisdiction and would be in unusual cases like a state suing another state. (“Supreme Court Procedures”, 2022).

OPTIONAL: Take a more in-depth look at the U.S. Supreme Court: Supreme Court Procedures | United States Courts [Website].

Changes to the U.S. Supreme Court

Any change to the U.S. Supreme Court, as the highest court in America, is highly anticipated and newsworthy. This past decade has seen several important changes that impact diversity, equity, and inclusion in the American judicial court systems. All U.S. Supreme Court Justices are appointed by the President of the United States and they serve for life.

Diversity in the Supreme Court

In 2022, President Joe Biden made headlines when he announced his plan to nominate a Black woman to the U.S. Supreme Court. Despite facing opposition from Senate Republicans, the president stayed true to his campaign promise by nominating Justice Ketanji Brown Jackson, as seen in figure 7.6. Before being confirmed to the Supreme Court, Jackson had an impressive career in the judiciary, including serving on the D.C. Circuit, which is considered the country’s “second-highest court.” Additionally, she holds the distinction of being the first public defender to serve on the Supreme Court. Despite a divided U.S. Senate, Jackson’s nomination was confirmed. On June 30, 2022, Jackson made history by being sworn in as the 116th Supreme Court justice and the first Black woman to hold this prestigious position. This is an important step in making the Supreme Court look more like the nation as a whole.

Landmark Supreme Court Decisions

Over the years, the U.S. Supreme Court has made several landmark decisions that have had a significant impact on the country. One such decision is Brown v. Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional, marking a crucial step in the civil rights movement. Another important case is Roe v. Wade (1973), which established a woman’s right to choose to have an abortion under the right to privacy. Obergefell v. Hodges (2015) legalized same-sex marriage nationwide, marking a milestone for LGBTQ+ rights. These landmark decisions have shaped the legal landscape of the United States and have had a lasting impact on society.

On June 24, 2022, the U.S. Supreme Court overturned Roe v. Wade, the landmark 1973 decision, and protests from that day are seen in figure 7.7. The Supreme Court has been leaning more conservatively for the last few years, but the most recent rulings indicate that the current Supreme Court is the most conservative it has ever been for almost a century (Housmann, 2022).

U.S. Courts of Appeal

The U.S. Court of Appeals, also known as the Federal Circuit Courts, is a significant part of the federal judicial system. Ninety-four judicial districts make up these 13 intermediate appellate courts, as shown in figure 7.8. They hear appeals from the U.S. District Courts within their respective circuits, as well as appeals from decisions of federal administrative agencies like the social security and bankruptcy courts.

Each circuit is based on a geographic region, with one circuit having nationwide jurisdiction for specialized cases, such as those involving patent laws and decisions by the U.S. Court of International Trade and the U.S. Court of Federal Claims. The First Circuit is the smallest, with six judgeships, while the Ninth Circuit is the largest, with 29 judgeships.

Appeals court panels usually consist of three judges, but there are instances when the full court, called en banc, will review a case. This only happens when a party that lost in front of the three-judge panel requests a review. Unlike trial courts, the Circuit Courts do not conduct trials or use a jury. The U.S. Courts of Appeal were established under Article III of the U.S. Constitution and are vital in ensuring the fairness and consistency of legal decisions across the country (“About the Court,” 2024).

U.S. District Courts

The U.S. District Courts, also known as “Article III Courts,” are the main trial courts in the federal court system. Congress first created these U.S. District Courts in the Judiciary Act of 1789. Now, 94 U.S. District Courts, located in the states and four territories, handle prosecutions for violations of federal statutes. Each state has at least one district, and larger states have up to four districts. The name of district courts reflects their location, for example, the U.S. District Court for the Northern District of California. The district courts have jurisdiction over all prosecutions brought under criminal and civil suits brought under federal statutes. A criminal trial in the district court is presided over by a judge who is appointed for life by the President of the United States with the consent of the Senate. Trials in these courts may be decided by juries.

Although the U.S. District Courts are primarily trial courts and hear cases for the first time, district court judges also exercise an appeals-type function in reviewing petitions for writs of habeas corpus brought by state prisoners. Writs of habeas corpus are claims by state and federal prisoners who allege that the government is illegally confining them in violation of the federal constitution. The party who loses at the U.S. District Court can appeal the case in the court of appeals for the circuit in which the district court is located (United States Courts, n.d.).

Licenses and Attributions for Structure of the Dual Court Systems

Open Content, Shared Previously

“Structure of the Dual Court Systems” is adapted from “7.3. Structure of the Courts: The Dual Court and Federal Court System” by Lore Rutz-Burri in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Modifications by Sam Arungwa, revisions by Roxie Supplee, licensed CC BY-NC-SA 4.0, for clarity, DEI content, and citing sources.

Figure 7.5. “Current U.S. Supreme Court” by the Supreme Court of the United States is in the Public Domain.

Figure 7.6. Justice Ketanji Brown Jackson by U.S. Senate Committee on the Judiciary is in the Public Domain.

Figure 7.7. “2022.06.24 Roe v Wade Overturned – SCOTUS, Washington, DC USA 175 143227” by Ted Eytan, Flickr is licensed under CC BY-SA 4.0.

Figure 7.8. “Geographic Boundaries of United States Courts of Appeals and United States District Courts” is in the Public Domain.