In United States federal courts, a circuit split, also known as a split of authority or split in authority, occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue.[1] The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.[2] Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason.[3]
Despite the desire of the Supreme Court to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are ultimately detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of the local residents.[4] Scholars have also observed that regional variations in different areas of the United States have provided certain circuits with a particular specialization or expertise in some subjects of law.[5]
- ^ Sup. Ct. R. 10(a) (2013); see also Tom Cummins & Adam Aft, Appellate Review, 2 J.L.: Periodical Laboratory of Leg. Scholarship 59, 60 (2012) (discussing definition of the term "circuit split").
- ^ https://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf [dead link]
- ^ Philip Allen Lacovara, Federal Appellate Practice 647 (2008) (internal quotation marks omitted).
- ^ Clifford Wallace, The Nature and Extent of Intercircuit Conflicts: A Solution Needed for a Mountain or a Molehill?, 71 Cal. L. Rev. 913 (1983) (assessing arguments on both sides of the debate).
- ^ See, e.g., Eric Hansford, Measuring the Effects of Specialization with Circuit Split Resolutions, 63 Stan. L. Rev. 1145, 1150 (2011).
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