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When Congress established the federal judicial system two hundred years ago it created three levels of courts. At the base of the system were the district courts with exclusively trial jurisdiction. At the apex was the Supreme Court, with appellate jurisdiction over lower federal courts and, in a limited way, over state supreme courts. These two levels, the top and the bottom of the judicial pyramid, have remained in place. Significant structural change, however, has taken place in the middle tier. The Judiciary Act of 1789 established the circuit courts with a mixed appellatetrial jurisdiction.' District judges and circuit-riding Supreme Court justices presided over these courts; they had no judges of their own. Just over a century later, in the Evarts Act of 1891,2 congressional architects reworked this middle tier by creating within the geographical boundaries of each of the existing circuits a United States Court of Appeals with only appellate jurisdiction and with judges of its own. Now, after passage of another century and radical changes in American life and law, regional organization is the source of increasing problems in the administration of federal law. We have come to one of those points in the evolution of American law and society when judicial architects must return to the drawing boards, this time to revisit the work of the Congress in 1891 by modifying the regional design of the federal intermediate appellate courts to fit the altered circumstances of our time.3 A radical rise in the volume of appellate business, a circum-

A Challenge to Judicial Architecture: Modifying the Regional Design of the U.S. Courts of Appeals