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Term: Circuit split
Definition: When different parts of the country have different rules about the same thing, it's called a circuit split. This can happen when two or more groups of judges in the U.S. Court of Appeals make different decisions about a legal issue. It's a problem because it means people in different places might be treated differently even if they're in the same situation. The U.S. Supreme Court might step in to fix the problem by hearing the case and making a decision that everyone has to follow.
Circuit split
Circuit split occurs when two or more U.S. Court of Appeals circuits make different decisions on the same legal issue. This disagreement leads to inconsistent application of federal law in different parts of the country, resulting in different outcomes for similar cases. The existence of circuit split is one of the reasons why the U.S. Supreme Court may decide to review a case.
One example of circuit split is the disagreement among different circuits on the issue of whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation. The Second Circuit Court of Appeals ruled that it does, while the Eleventh Circuit Court of Appeals ruled that it does not. This means that employees in different parts of the country may have different legal protections against discrimination based on their sexual orientation.
Another example is the circuit split on the issue of whether police officers need a warrant to obtain cell phone location data. The Fourth Circuit Court of Appeals ruled that they do not, while the Eleventh Circuit Court of Appeals ruled that they do. This means that law enforcement agencies in different parts of the country may have different rules on when they can access cell phone location data without a warrant.
These examples illustrate how circuit split can lead to inconsistent application of federal law and different outcomes for similar cases, depending on which circuit the case is heard in.