Supreme Court Justice Circuit Riding Act

Bill Number

H.R. 9290

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Law

Status

Introduced

Latest Action

2026-06-11: Referred to the House Committee on the Judiciary.

Last Updated

2026-06-25T08:08:20Z

AI-Generated Summary

Supreme Court Justice Circuit Riding Act (H.R. 9290)

Purpose

This legislation seeks to restore the historical practice of Supreme Court justices serving as circuit justices by traveling to and participating in proceedings of the federal courts of appeals. The bill's findings emphasize that circuit riding, which ended in 1911, previously exposed justices to life outside Washington, DC, and that reinstating a modern version could address declining public confidence in the Court by increasing public exposure and familiarity with lower court operations.

Key Provisions

• Allotment of Justices: Amends 28 U.S.C. § 42 to require the Supreme Court to allot the Chief Justice and associate justices as circuit justices among the federal circuits. The Chief Justice handles allotments during recesses from July 1 to October 1 or when the Court is in vacation. A justice may be assigned to multiple circuits, and multiple justices may share one circuit.
• Participation Requirements: Each allotted justice must:
• Sit on at least one panel of a court of appeals.
• Participate in oral arguments for no fewer than 10 days per year.
• Avoid sitting with the same judge for more than 10 days of oral argument in any two-year period.
• Perform duties in person (no video or teleconference).
• Limit participation to no more than one justice per panel.
• Restrictions: Justices may not vote on or participate in en banc rehearings but may vote on panel rehearings if they were part of the original panel.
• Scheduling and Expenses: Circuit chief judges must schedule proceedings to accommodate justices. Reasonable travel, lodging, and related expenses (including for staff) are reimbursable under 5 U.S.C. § 5702.
• Disqualification Rule: Amends 28 U.S.C. § 455(b) to disqualify a justice from considering any matter in which they previously participated as a circuit justice.
• Regulations: Directs the Chief Justice, in consultation with the Judicial Conference, to issue regulations within 180 days after enactment, following public notice and comment.

Significant Changes to Existing Law

• Revives and codifies mandatory circuit riding duties for Supreme Court justices, a practice discontinued over a century ago.
• Introduces specific minimum service requirements (e.g., 10 days of oral argument) and procedural limits not present in prior law.
• Adds a new automatic disqualification provision tied to circuit service.
• Establishes a formal regulatory process for implementation, shifting from historical informal practices.

Potential Impacts

• Government Agencies: Increases administrative and scheduling burdens on the U.S. Courts of Appeals and the Judicial Conference. The Supreme Court gains new oversight responsibilities for allotments.
• Citizens: Aims to enhance public familiarity with the justices and Court operations through greater geographic exposure, though effects on trust or case outcomes remain unspecified in the bill.
• International Relations: No direct impacts identified.

Main Stakeholders Affected

• Supreme Court justices (primary subjects of new duties and restrictions).
• Judges and staff of the U.S. Courts of Appeals (affected by scheduling and panel participation).
• The Judicial Conference of the United States (consulted on regulations).
• Congress (as the enacting body).
• The general public (intended beneficiaries via improved transparency and exposure).

Notable Legal, Constitutional, or Political Implications

• Builds on historical precedent upheld in Stuart v. Laird (1803), which rejected constitutional challenges to circuit riding, though the bill does not address potential modern challenges.
• Raises questions about judicial workload, independence, and separation of powers by mandating lower-court service for Supreme Court members.
• Politically framed around restoring public confidence amid historically low approval ratings, without altering the Court's core appellate jurisdiction.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Morelle, Joseph D. [D-NY-25]

Cosponsors (4)

Rep. Williams, Nikema [D-GA-5], Rep. Mullin, Kevin [D-CA-15], Rep. Ramirez, Delia C. [D-IL-3], Rep. Johnson, Julie [D-TX-32]

Recent Actions

• 2026-06-11: Referred to the House Committee on the Judiciary.
• 2026-06-11: Introduced in House
• 2026-06-11: Introduced in House

Bill Versions

• Supreme Court Justice Circuit Riding Act — issued 2026-06-11 — PDF (6 pages)