The Judiciary Act of 1891, commonly known as the Everts Act, reorganized the federal judiciary. This act created the now familiar Circuit Court of Appeals. At that time there were nine circuit courts of appeal. Now there are twelve.
States had circuit courts before the Everts Act. For example, there was the US Circuit Court for the District of Maryland. (This court may look familiar to those who have read Ex parte Merriman) and Justice Bushrod Washington decided Corfield v. Coryell Circuit time in the U.S. Circuit Court for the Eastern District of Pennsylvania.
I have a question, which I can’t find the answer to. A pre-1892 decision of the US Circuit Court for the District of Maryland, which was in the 4th Circuit, was binding on the US Circuit Court for the Fourth Circuit after 1891?
On a related note, I know that “old” Fifth Circuit decisions are binding on the Eleventh Circuit, which split from the Fifth Circuit in 1981. But I’m not sure about the relationship between the pre-Everts Act circuit courts and the post-Everts Act circuit courts of appeals.
If you have any insight, please email me. I never check comments or tweets. (But you all already know that).