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Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV territorial court and not a district court under Article III of the Constitution. The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia, Pennsylvania.
That is, one of the parties in the case could appeal a decision of a court of appeals to the Supreme Court, and it had to accept the case. The right of automatic appeal for most types of decisions of a court of appeals was ended by an Act of Congress, the Judiciary Act of 1925, which also reorganized many other things in the federal court system.
The court has plenary authority to decide whether to accept the appeal or not. Of the more than 7,000 cases annually where permission to appeal is sought, only 100 to150 cases are accepted.
Nearly all appeals are heard by three-judge panels, [1] but on rare occasions, after a three-judge panel decides a case, all the judges in the circuit may rehear the case en banc. [4] Decisions of the U.S. Courts of Appeals can be appealed to the Supreme Court, but the Court of Appeals is the "end of the line" for most federal cases. [1]
Whatever happens, the losing party is likely to immediately appeal to the Supreme Court. The justices would then face a decision on whether to take up the case and issue their own ruling ...
Congress noted that consolidating cases in a single court of appeals would "strengthen the United States patent system in such a way as to foster technological growth and industrial innovation." [57] Because of its role as a specialist court, circuit splits rarely exist between the Federal Circuit and other circuit courts of appeal. [58]
The 8th US Circuit Court of Appeals could rule soon on a Republican-led lawsuit challenging President Joe Biden’s student loan repayment plan after hearing oral arguments Thursday.