Federal Appellate Courts Struggle Due to Lack of Trial Experience
Federal appellate courts are facing challenges due to unclear rules on jurisdiction and limited trial-court discretion. The Supreme Court and courts of appeals are expanding federal jurisdiction while reducing judicial discretion, causing confusion and inconsistency. This trend negatively impacts docket management, behavior monitoring, and state-federal judicial relationships. The problem is attributed to appellate judges lacking trial-court experience, leading to decisions that may not align with practical realities. Increasing the number of former district judges on the appellate bench could help address these issues and improve the functioning of the federal court system.