U.S. Judicial Branch Publications 

About this Section

All delegates at the Constitutional Convention agreed on the need for a federal supreme court, but were divided almost equally on the need for a federal court system in addition to existing state courts. Some delegates thought state courts could handle trials and the Supreme Court any appeals relevant to the federal government. They feared the encroachment of federal courts on the state court jurisdictions. Others feared the cost of maintaining a federal court system. When the Constitution was written Article III established the framework for the third branch of government, the judiciary. According to the Constitution, "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may time to time ordain and establish." Other than the mandate for a Supreme Court, the U.S. Constitution left the formation of other federal courts up to Congress to decide at a future date.

The Judiciary Act of 1789 established the country's first federal court system.  The establishment of the federal courts alongside state courts was a unique arrangement in judicial history; no other country had established such a dual system. The basic organization of the federal court system has not changed substantially over the years. The federal judiciary consists of three layers.  At the bottom are the United States District or trial courts, in the middle are the appellate courts, and at the top the United States Supreme Court. In addition, there are special courts established by Congress to deal with specific types of cases, such as duties and tariffs, claims against the government, taxes, bankruptcy, patents, and military justice. Congress has also empowered certain executive branch and agencies with quasi-judicial authority; all of which are subject to review by the Supreme Court of the United States. (See United States Executive Branch Publications-Administrative Decisions).

The Constitution defined the jurisdiction of the federal courts to all cases relating to laws arising out of the Constitution, controversies between two or more states, or between the state and federal governments. An early Supreme Court decision, Marbury vs. Madison (5 U.S. 137 (1803) established the power of the federal judiciary to review an act of Congress and to determine its constitutionality, and thus its right to determine what the law is. This firmly established the Courts as an equal partner in governance and lawmaking in the United States.

Publications of the decisions of the federal courts have primarily been left to commercial publishers. Only decisions of claims, customs, tax and military courts have been published regularly by the United States Government.

Most of the decisions of federal courts, both commercially published and produced by the government, are available at Indiana University's two law school libraries located in Bloomington and Indianapolis. In general, these collections are open to the public, but must be used on site.

District Courts

The United States District Court system was established by the Judiciary Act of 1789 as one of two federal trial court systems, the other being the circuit courts. In 1911 the circuit courts and district courts merged to form a single federal trial district court system. The United States legal system is based upon the legal principle of precedence which holds that decisions in one case will be used as authority for decisions in similar cases unless they are overruled by a higher court. Decisions relied upon for precedence are usually made at the appellate court level. Since district court decisions are not normally used to establish precedence, these decisions are published only selectively. Cases not published may be obtained by contacting the clerk of the appropriate court.

United States Courts of Appeals

The first Congress established a dual trial court system consisting of district and circuit courts. This first system of circuit courts was solely geographical designation and not related to the later circuit court of appeals system now in place. In an act of 1875 Congress extended the jurisdiction of federal courts to all rights arising under the Constitution. As a result, the Supreme Court became inundated with cases. In 1891, the Circuit Court of Appeals was created as an intermediate appellate court to relieve the burden on the Supreme Court. Currently, The United States Courts of Appeals consists of 11 regional courts which hears appeals from District courts from one or more states, the United States Court of Appeals for the District of Columbia which hears cases against government officers in their official capacity, the United States Court of Appeals for the Federal Circuit which hears appeals from the United States Tax Court, United States Court of International Trade, United States Court of Federal Claims, and the United States Court of Veterans Appeals. Virtually all written decisions of appellate courts are reported. Transcripts of court proceedings are not routinely published, but may sometimes be obtained from the clerk of the appropriate court.

United States Supreme Court

The Supreme Court of the United States consists of nine justices, one of whom is the Chief Justice. Although the justices are appointed by the President with the advice and consent of the Senate, the Constitution provided for their long-term political independence by granting them terms for life with removal by impeachment only, and consistent monetary compensation that could not be reduced during their term of office. A little noted part of the history of the Supreme Court is that until 1891 and the establishment of the Circuit Courts of Appeals, Supreme Court justices were required by law (Judiciary Act of 1789) to travel, sometimes widely, to preside at the nation's circuit courts. Biographers have found quite a few comments by Justices about the experience. While they recognized their duty, most of them reported that they "heartily disliked it" (Surrency, p. 32)

Although the first 256 volumes of the Supreme Court (to 1922) were privately published, the government hired the reporters to record and print the decisions. The Government authorized enough printed copies for the needs of government departments and officials and the rest were sold by the private reporters to the public. The first 90 volumes of Supreme Court decisions are known by the names of private reporters hired by the government.  In 1875 the series was officially designated as United States Reports. In 1922 the publication and distribution of Supreme Court decisions was turned over to the Government Printing Office.

Supreme Court Decisions

 

Supreme Court Briefs, Records, and Oral Arguments

The first time the term "brief" was used by the Supreme Court was in 1821.  This was also the first time the Supreme Court required briefs to be printed. A brief is a written argument that outlines the legal points and precedents of the case, the lawyer's essential facts of the case, and statements of the questions of law. Records include all items introduced as evidence in lower courts, summary of pleadings and motions, instructions to the jury, cross-examinations of witnesses, etc. In 1833 the Supreme Court allowed for submission of briefs in lieu of oral arguments. Use of this substitution gradually diminished in the twentieth century. By 1954 a Supreme Court rule stated that it "looked with disfavor on any submissions without oral arguments." (Surrency, p. 272). Oral arguments allow attorneys to present the case before the justices and the justices to question the attorneys. This process highlights the strengths and weaknesses of the case. Early in Supreme Court history there was no time limit on oral arguments. The first time limits were established in 1812. By the 1850s counsel still had up to 8 hours to argue cases. Supreme Court steadily reduced time allowed to argue cases until 1970 when a 30 minute time limit was imposed on all arguments.

Special Courts

Court of Claims, 1855-1982
United States Claims Court, 1982-1992
United States Court of Federal Claims, 1992 to present

Under the common law theory that the "sovereign can do no wrong," individuals could not file a claim against the state in court. Anyone who had a claim against the federal government had to file for relief with Congress. The Court of Claims was established in 1855 to relieve Congress of the burden of hearing these claims. The work of the Court of Claims has covered a wide range of issues including claims arising out of property issues during the Civil War, American Indian claims, tax refunds, and pay for services rendered. An act of 1982 transferred the appellate jurisdiction of the Court of Claims to the newly established United States Court of Appeals for the Federal Circuit. The United States Claims Court became the trail court for adjudicating claims against the government. The United States Claims Court was renamed the United States Court of Federal Claims in 1992.

Court of Private Land Claims, 1891-1904

The Court of Private Land Claims was established to settle land claims in the area of the country ceded by Mexico, including present day New Mexico, Arizona, Utah, Nevada, Colorado and Wyoming.

Board of General Appraisers, 1890-1926
United States Customs Court, 1926-1980
United States Court of International Trade, 1980 to present

Custom duties were a primary source of revenue for the United States Government in the nineteenth century. The Board of General Appraisers was created in 1890 to bring uniformity in the administration of the tariffs act. The Board had exclusive original jurisdiction of all these questions. The decisions of the Board could be appealed to the Court of Customs Appeals, later the Court of Customs and Patent Appeals. The Board of General Appraisers name was changed in 1926 to the United States Customs Court to bolster its authority with foreign governments who refused to honor demands for testimony issued by the Board. The Tariff Act of 1930 transferred the United States Customs Court from the Treasury Department to the Department of Justice. In 1938 the Justice Department began its United States Customs Court Report series. The increase of multilateral agreements led to a decrease in tariff duties and the number of claims. In 1980, the Customs Court was completely restructured and changed to the United States Court of International Trade. Its jurisdiction was enlarged to cover issues such as countervailing duties and anti-dumping legislation and has become a forum for cases involving relations with other nations.

Court of Customs Appeals, 1909-1929
Court of Customs and Patent Appeals, 1929-1982
United States Court of Appeals for the Federal Circuit, 1982 to present

The Court of Customs Appeals was created in 1909 with jurisdiction over appeals from the Board of General Appraisers, 1890-1925, renamed Customs Court in 1926. In 1929 jurisdiction over appeals from the Patent Office was added and the name changed to Court of Customs and Patent Appeals. Before 1929 patent cases were decided in the Court of Appeals of the District of Columbia and appear in reporters for that court. In 1982 the United States Court of Appeals for the Federal Circuit assumed the jurisdiction of the United States Court of Customs and Patent Appeals and the appellate jurisdiction of the United States Court of Claims.

Commerce Court, 1910-1913

The Interstate Commerce Commission was established in 1887 to deal with regulation of the railroads. Decisions of the Interstate Commerce Commission could be appealed to the federal courts. However, the federal courts were already backlogged with cases, resulting in long delays for appeals. President Taft established the Commerce Court in 1910 to hear appeals from the Interstate Commerce Department. However, the court was a source of controversy, accused of favoring the railroads, continuously under investigation by Congress, and abolished by it in 1913.

Board of Tax Appeals, 1924-1942
United States Tax Court, 1942 to present

In 1924 with the increased complexity of the United States Tax Code and the dependence of the United States government on tax revenue a Board of Tax Appeals was formed to review the decisions of the Commissioner of Internal Revenue. The Board functioned as such until 1942 when it was changed to the United States Tax Court.

Bankruptcy Court, 1978 to present

In the nineteenth century district courts had primary jurisdiction over bankruptcy cases. The 1898 Bankruptcy Act (30 Stat. 544), established the position of referee appointed by district judges to oversee the administration of bankruptcy cases. Questions often arose over the jurisdiction of referees to determine cases brought before them. The Bankruptcy Reform Act of 1978 (92 Stat. 2657) upgraded referees in bankruptcy cases to judges to preside over the Bankruptcy Courts established in each federal judicial district.

Court of Military Appeals, 1950-1968
United States Court of Military Appeals, 1968-1994
United States Court of Appeals for the Armed Forces, 1994 to present

Before WWI there was no formal review of court martial convictions. In 1920 Congress required the Army to establish Boards of Review for cases involving death, dismissal of an officer, dishonorable discharge or prison sentence, and legal review of other cases with the Judge Advocate General. During WWII a variety of problems arose with the administration of military justice. In 1948 Congress initiated significant changes in the armed forces and its judicial system. All branches of the military were placed under the newly created Department of Defense and a Uniform Code of Military Justice (UCMJ) was enacted in 1950. The UCMJ established the Court of Military Appeals, a 3-judge civilian court completely removed from all military influence. In 1968 Congress changed the name of the Court to the United States Court of Military Appeals, and again changed its name in 1994 to the United States Court of Appeals for the Armed Forces. The Court is the final authority on cases arising under the military system, but with direct appeal to the Supreme Court.

Administration of the Federal Court System

Federal Rules of Civil and Criminal Procedure

Uniform rules for procedure in federal courts were not developed until the first third of the twentieth century. Until that time federal trial courts used the procedures of local state courts. The need for uniform rules became more apparent with the establishment of national railroads, banks, telecommunications. The American Bar Association urged Congress to prepare a federal code for civil and criminal procedure. A bill granting the Supreme Court the authority to establish rules of procedure in civil cases was passed in 1934. An advisory committee was established to develop the rules, and the first Rules of Civil Procedure for the District Courts were passed and became effective in 1938. These rules provide a uniform system of pleading and practice for all civil actions brought in Federal district courts.

In 1933 Congress gave the Supreme Court authority to establish procedures in criminal cases only after the verdict, including appeals. These rules were not subject to Congressional approval. In 1940 Congress gave the Supreme Court authority to develop rules for all criminal procedures prior to and including the verdict with the approval of Congress. An advisory committee was established to draft the rules. The original Federal Rules of Criminal Procedure were adopted by order of the Supreme Court on Dec. 26, 1944, transmitted to Congress by the Attorney General on Jan. 3, 1945, and became effective on Mar. 21, 1946. These rules govern the procedure in all criminal proceedings in the United States district courts, the United States courts of appeals, and the Supreme Court of the United States.

After the original committees established to formulate the rules for civil and criminal procedures were disbanded there was no mechanism to update the rules. Chief Justice Earl Warren recommended that this function be given to the Judicial Conference of the United States. In 1958, the Conference was authorized to make a continuous study of the rules and recommend changes to the Supreme Court (see Judicial Conference of the United States)

Supreme Court Rules

The Supreme Court was slow to develop a uniform code of rules and procedures. Its first rules were issued as needed and entered into a numbered collection in 1803.  In 1859 the rules were arranged by subject. In 1884 the Court incorporated amendments and changes to the rules that had occurred over the last thirty years, but made no attempt to examine or make necessary revisions. The most complete and thorough revision of Supreme Court rules was made in 1954 largely as a result of the work accomplished in developing the Federal Rules of Civil and Criminal Procedure. This codification dropped obsolete materials and has been continuously updated as needed.

Judicial Conference of the United States

The Judicial Conference of the United States was established in 1922 to examine the administration of the federal court system. The Conference was instructed to "make a comprehensive survey of the condition of
business in the courts of the United States, and submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business." The Judicial Conference is charged with carrying on a continuous study of the operation and effect of the general rules of practice and procedure. After the original committees established to formulate the rules for civil and criminal procedures were disbanded there was no mechanism to update the rules. Chief Justice Earl Warren recommended that this function be given to the Judicial Conference of the United States. In 1958, the Conference was authorized to make a continuous study of the rules and recommend changes to the Supreme Court. The Judicial Conference has made numerous studies resulting in recommendations to Congress to improve legislation and the federal judiciary. The original composition of the Conference included the Chief Justice of the Supreme Court and the senior judge of the Courts of Appeals. Now District Court and Special Court judges also attend. The Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation.

Brief bibliography:

History of the Federal Judiciary (Federal Judicial Center)

Morehead, Joe. Introduction to United States Government Information Sources. Libraries Unlimited, Inc., 1999. (Government Publications Reference ZA5055.U6 M67 1999)

Schmeckebier, Laurence F. and Roy B. Eastin. Government Publications and their Use. Brookings Institution, 1969. (Government Publications Reference Z1223.Z7 S3 1969)

Surrency, Erwin C. History of the Federal Courts. Oceana Publications, inc., 1987.

Establishment (U.S. Court of Appeals for the Armed Forces)