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The Midnight Judges Act (also known as the Judiciary Act of 1801; 2 Stat. 89, and officially An act to provide for the more convenient organization of the Courts of the United States) expanded the federal judiciary of the United States. [1] The act was supported by the John Adams administration and the Federalist Party. [1]
Marshall took office during the final months of John Adams's presidency. His appointment entrenched Federalist power within the judiciary. The Judiciary Act of 1801 also established several new court positions that were filled by President Adams, but the act was largely repealed after the Democratic-Republicans took control of the government in the 1800 elections.
Fourteen of the sixteen circuit court judges appointed by Adams were to positions created at the end of his tenure in office, in the Judiciary Act of 1801, 2 Stat. 89, which became known as the Midnight Judges Act. All of these offices were abolished by the repeal of this Act on July 1, 1802, by 2 Stat. 132.
Rather than appointing separate circuit judges (with the exception of the brief interlude under the soon-repealed Midnight Judges Act), the circuit courts were staffed by a combination of the resident United States district court judges from that district and the Supreme Court justice assigned to that circuit (either could preside alone or they ...
Judges appointed pursuant to the Midnight Judges Act on or after February 20, 1801, and thereafter removed from office with the repeal of that Act on July 1, 1802. Judges appointed to the D.C. Circuit, abolished on March 3, 1863; Judges appointed after 1869 pursuant to the Circuit Judges Act of 1869; those in office on June 16, 1891 were ...
Hastily adding judges with just a few weeks left in the 118th Congress would fail to resolve key questions in the legislation, especially regarding how the judges are allocated."
President Biden has the opportunity to improve his judicial legacy by signing the bipartisan JUDGES Act into law, which would ensure that all Americans have timely access to federal district courts.
Cases are to be heard in district courts by three judges, one from the federal district and two from the corresponding Circuit Court of Appeals. Decisions could then be appealed directly to the U ...