Circuit split
[1] The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.
[4] Scholars have also observed that regional variations in different areas of the United States have provided certain circuits with a particular specialization or expertise in some subjects of law.
"[13] When a circuit split occurs, there is rarely an even numeric division among courts of appeals with regard to how the dispute should be resolved.
"[22] Additionally, Wayne A. Logan has argued that if courts speak with a unified voice, this will "secure popular respect for judicial authority.
"[23] Likewise, Matthew Lund cautions that circuit splits will lead to forum shopping, where litigants flock to jurisdictions with more favorable laws.
[24] Judge Kimberly A. Moore also suggests that circuit splits and forum shopping lead to economic inefficiency because outcomes are unpredictable and litigants are less likely to settle.
[27] An article in the New England Journal on Criminal & Civil Confinement also suggested that there is the potential for the unconstitutional ex post facto application of law after circuit splits are resolved.
Perry both claim that the existence of a circuit split is "the single most important generalizable factor" that determines whether the Supreme Court will grant review of a case.
[49] Additionally, a study analyzing cases from the 2010 term found that nearly two thirds of Supreme Court decisions resolving circuit splits were decided unanimously or by an 8-1 vote.
[5] For example, the District of Columbia Circuit, which contains the federal capital, hears a large number of administrative law cases.
[56] 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.
[58] In his opinion in Markman v. Westview Instruments, Inc., Justice David Souter observed that avoiding conflicting rulings among circuit courts in patent law cases benefits the economy by providing legal certainty to businesses.
[59] The following are examples of existing splits of authority between different circuit courts of appeals:[60] The citations in this article are written in Bluebook style.
