MAINE et al. v. THIBOUTOT et vir.
No. 79-838.
Argued April 22, 1980
Decided June 25, 1980
BreNNAN, J., delivered the opinion of the Court, in which Stewart, White, Marshall, Blackmun, and Stevens, JJ., joined. Powell, J., filed a dissenting opinion, in which Burger, C. J., and Rehnquist, J., joined, post, p. 11.
James Eastman Smith, Assistant Attorney General of Maine, argued the cause for petitioners. With him on the briefs was Richard S. Cohen, Attorney General.
Robert Edmond Mittel argued the cause for respondents. With him on the brief were Susan Calkins and Hugh Calkins
A brief of amici curiae urging reversal was filed by Edward G. Biester, Jr., Attorney General, and Robert E. Kelly and Allen C. Warshaw, Deputy Attorneys General, for the Commonwealth of Pennsylvania, joined by officials for their respective States as follows: Francis X. Bettotti, Attorney General of Massachusetts, and Garrick F. Cole, Assistant Attorney General; John J. Degnan, Attorney General of New Jersey, and Andrea Silkowitz, Deputy Attorney General; Thomas D. Rath, Attorney General of New Hampshire; M. Jerome Diamond, Attorney General of Vermont, and Benson Scotch, Assistant Attorney General; Dennis J. Roberts II, Attorney General of Rhode Island, AUen P. Rubine, Deputy Attorney General, and John S. Foley and Eileen G. Cooney, Special Assistant Attorneys General; and Richard S. Gebelein, Attorney General of Delaware, and Regina M. Small, State Solicitor.
Briefs of amici curiae urging affirmance were filed by Bruce J. Ennis for the American Civil Liberties Union et al.; and by Carol Goodman for the Volunteer Lawyers Project of the Boston Bar Association et al.
Mr. Justice Brennan
delivered the opinion of the Court.
The case presents two related questions arising under 42 U. S. C. §§ 1983 and 1988. Respondents brought this suit in the Maine Superior Court alleging that petitioners, the State of Maine and its Commissioner of Human Services, violated § 1983 by depriving respondents of welfare benefits to which they were entitled under the federal Social Security Act, specifically 42 U. S. C. §602 (a) (7). The petitioners present two issues: (1) whether § 1983 encompasses claims based on purely statutory violations of federal law, and (2) if so, whether attorney’s fees under § 1988 may be awarded to the prevailing party in such an action.
I
Respondents, Lionel and Joline Thiboutot, are married and have eight children, three of whom are Lionel’s by a previous marriage. The Maine Department of Human Services notified Lionel that, in computing the Aid to Families with Dependent Children (AFDC) benefits to which he was entitled for the three children exclusively his, it would no longer make allowance for the money spent to support the other five children, even though Lionel is legally obligated to support them. Respondents, challenging the State’s interpretation of 42 U. S. C, §602 (a)(7), exhausted their state administrative remedies and then sought judicial review of the administrative action in the State Superior Court. By amended complaint, respondents also claimed relief under § 1983 for themselves and others similarly situated. The Superior Court’s judgment enjoined petitioners from enforcing the challenged rule and ordered them to adopt new regulations, to notify class members of the new regulations, and to pay the correct amounts retroactively to respondents and prospectively to eligible class members. The court, however, denied respondents’ motion for attorney’s fees. The Supreme Judicial Court of Maine, 405 A. 2d 230 (1979), concluded that respondents had no entitlement to attorney’s fees under state law, but were eligible for attorney’s fees pursuant to the Civil Rights Attorney’s Fees Awards Act of 1976, 90 Stat. 2641, 42 U. S. C. § 1988. We granted certiorari. 444 TJ. S. 1042 (1980). We affirm.
II
Section 1983 provides:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.” (Emphasis added.)
The question before us is whether the phrase “and laws,” as used in § 1983, means what it says, or whether it should be limited to some subset of laws. Given that Congress attached no modifiers to the phrase, the plain language of the statute undoubtedly embraces respondents’ claim that petitioners violated the Social Security Act.
Even were the language ambiguous, however, any doubt as to its meaning has been resolved by our several cases suggesting, explicitly or implicitly, that the § 1983 remedy broadly encompasses violations of federal statutory as well as constitutional law. Rosado v. Wyman, 397 U. S. 397 (1970), for example, “held that suits in federal court under § 1983 are proper to secure compliance with the provisions of the Social Security Act on the part of participating States.” Edelman v. Jordan, 415 U. S. 651, 675 (1974). Monell v. New York City Dept. of Social Services, 436 U. S. 658, 700-701 (1978), as support for its conclusion that municipalities are “persons” under § 1983, reasoned that “there can be no doubt that § 1 of the Civil Rights Act [of 1871] was intended to provide a remedy, to be broadly construed, against all forms of official violation of federally protected rights.” Similarly, Owen v. City of Independence, 445 U. S. 622, 649 (1980), in holding that the common-law immunity for discretionary functions provided no basis for according municipalities a good-faith immunity under § 1983, noted that a court “looks only to whether the municipality has conformed to the requirements of the Federal Constitution and statutes.” Mitchum v. Foster, 407 U. S. 225, 240, n. 30 (1972), and Lynch v. Household Finance Corp., 405 U. S. 538, 543, n. 7 (1972), noted that § 1983’s predecessor “was enlarged to provide protection for rights, privileges, or immunities secured by federal law.” Greenwood v. Peacock, 384 U. S. 808, 829-830 (1966), observed that under § 1983 state “officers may be made to respond in damages not only for violations of rights conferred by federal equal civil rights laws, but for violations of other federal constitutional and statutory rights as well.” The availability of this alternative sanction helped support the holding that 28 U. S. C. § 1443 (1) did not permit removal to federal court of a state prosecution in which the defense was that the state law conflicted with the defendants’ federal rights. As a final example, Mr. Justice Stone, writing in Hague v. CIO, 307 U. S. 496, 525-526 (1939), expressed the opinion that § 1983 was the product of an “extension] to include rights, privileges and immunities secured by the laws of the United States as well as by the Constitution.”
While some might dismiss as dictum the foregoing statements, numerous and specific as they are, our analysis in several § 1983 cases involving Social Security Act (SSA) claims has relied on the availability of a § 1983 cause of action for statutory claims. Constitutional claims were also raised in these cases, providing a jurisdictional base, but the statutory claims were allowed to go forward, and were decided on the merits, under the court’s pendent jurisdiction. In each of the following cases § 1983 was necessarily the exclusive statutory cause of action because, as the Court held in Edelman v. Jordan, 415 U. S., at 673-674; id., at 690 (Marshall, J., dissenting), the SSA affords no private right of action against a State. Miller v. Youakim, 440 U. S. 125, 132, and n. 13 (1979) (state foster care program inconsistent with SSA); Quern v. Mandley, 436 U. S. 725, 729, and n. 3 (1978) (state emergency assistance program consistent with SSA); Van Lare v. Hurley, 421 U. S. 338 (1975) (state shelter allowance provisions inconsistent with SSA); Townsend v. Swank, 404 U. S. 282 (1971) (state prohibition against AFDC aid for college students inconsistent with SSA); King v. Smith, 392 U. S. 309, 311 (1968) (state cohabitation prohibition inconsistent with SSA). Cf. Hagans v. Lavine, 415 U. S. 528, 532-533, 543 (1974) (District Court had jurisdiction to decide whether state recoupment provisions consistent with SSA) ; Carter v. Stanton, 405 U. S. 669, 670 (1972) (District Court had jurisdiction to decide whether state absent-spouse rule consistent with SSA).
In the face of the plain language of § 1983 and our consistent treatment of that provision, petitioners nevertheless persist in suggesting that the phrase “and laws” should be read as limited to civil rights or equal protection laws. Petitioners suggest that when § 1 of the Civil Rights Act of 1871, 17 Stat. 13, which accorded jurisdiction and a remedy for deprivations of rights secured by “the Constitution of the United States,” was divided by the 1874 statutory revision into a remedial section, Rev. Stat. § 1979, and jurisdictional sections, Rev. Stat. §§563 (12) and 629 (16), Congress intended that the same change made in § 629 (16) be made as to each of the new sections as well. Section 629 (16), the jurisdictional provision for the circuit courts and the model for the current jurisdictional provision, 28 U. S. C. § 1343 (3), applied to deprivations of rights secured by “the Constitution of the United States, or of any right secured by any law providing for equal rights.” On the other hand, the remedial provision, the predecessor of § 1983, was expanded to apply to deprivations of rights secured by “the Constitution and laws,” and § 563 (12), the provision granting jurisdiction to the district courts, to deprivations of rights secured by “the Constitution of the United States, or of any right secured by any law of the United States.”
We need not repeat at length the detailed debate over the meaning of the scanty legislative history concerning the addition of the phrase “and laws.” See Chapman v. Houston Welfare Rights Organization, 441 U. S. 600 (1979); id., at 623 (Powell, J., concurring); id., at 646 (White, J., concurring in judgment); id., at 672 (Stewart, J., dissenting). One conclusion which emerges clearly is that the legislative history does not permit a definitive answer. Id., at 610-611; id., at 674 (Stewart, J., dissenting). There is no express explanation offered for the insertion of the phrase “and laws.” On the one hand, a principal purpose of the added language was to “ensure that federal legislation providing specifically for equality of rights would be brought within the ambit of the civil action authorized by that statute.” Id., at 637 (Powell, J., concurring). On the other hand, there are no indications that that was the only purpose, and Congress’ attention was specifically directed to this new language. Representative Lawrence, in a speech to the House of Representatives that began by observing that the revisers had very often changed the meaning of existing statutes, 2 Cong. Rec. 825 (1874), referred to the civil rights statutes as “possibly [showing] verbal modifications bordering on legislation,” id., at 827. He went on to read to Congress the original and revised versions. In short, Congress was aware of what it was doing, and the legislative history does not demonstrate that the plain language was not intended. Petitioners’ arguments amount to the claim that had Congress been more careful, and had it fully thought out the relationship among the various sections, it might have acted differently. That argument, however, can best be addressed to Congress, which, it is important to note, has remained quiet in the face of our many pronouncements on the scope of § 1983. Cf. TV A v. Hill, 437 U. S. 153 (1978).
Ill
Petitioners next argue that, even if this claim is within § 1983, Congress did not intend statutory claims to be covered by the Civil Eights Attorney’s Fees Awards Act of 1976, which added the following sentence to 42 U. S. C. § 1988 (emphasis added):
“In any action or proceeding to enforce a provision of sections 1981, 1982, 1988, 1985, and 1986 of this title, title IX of Public Law 92-318 [20 U. S. C. 1681 et seq.] or in any civil action or proceeding, by or on behalf of the United States of America, to enforce, or charging a violation of, a provision of the United States Internal Revenue Code, or title VI of the Civil Rights Act of 1964 [42 U. S. C. 2000d et seq.], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.”
Once again, given our holding in Part II, supra, the plain language provides an answer. The statute states that fees are available in any § 1983 action. Since we hold that this statutory action is properly brought under § 1983, and since § 1988 makes no exception for statutory § 1983 actions, § 1988 plainly applies to this suit.
The legislative history is entirely consistent with the plain language. As was true with § 1983, a major purpose of the Civil Rights Attorney’s Fees Awards Act was to benefit those claiming deprivations of constitutional and civil rights. Principal sponsors of the measure in both the House and the Senate, however, explicitly stated during the floor debates that the statute would make fees available more broadly. Representative Drinan explained that the Act would apply to § 1983 and that § 1983 “authorizes suits against State and local officials based upon Federal statutory as well as constitutional rights. For example Blue against Craig, 505 F. 2d 830 (4th Cir. 1974).” 122 Cong. Rec. 35122 (1976). Senator Kennedy also included an SSA case as an example of the cases “enforcing] the rights promised by Congress or the Constitution” which the Act would embrace. Id., at 33314. In short, there can be no question that Congress passed the Fees Act anticipating that it would apply to statutory § 1983 claims.
Several States, participating as amici curiae, argue that even if § 1988 applies to § 1983 claims alleging deprivations of statutory rights, it does not apply in state courts. There is no merit to this argument. As we have said above, Mar tinez v. California, 444 U. S. 277 (1980), held that § 1983 actions may be brought in state courts. Representative Drinan described the purpose of the Civil Rights Attorney’s Fees Awards Act as “authorizing] the award of a reasonable attorney’s fee in actions brought in State or Federal courts.” 122 Cong. Rec. 35122 (1976). And Congress viewed the fees authorized by § 1988 as “an integral part of the remedies necessary to obtain” compliance with § 1983. S. Rep. No, 94-1011, p. 5 (1976). It follows from this history and from the Supremacy Clause that the fee provision is part of the § 1983 remedy whether the action is brought in federal or state court.
Affirmed.
Petitioners also argue that jurisdiction to hear. § 1983 claims rests exclusively with the federal courts. Any doubt that state courts may also entertain such actions was dispelled by Martinez v. California, 444 U. S. 277, 283-284, n. 7 (1980). There, while reserving the question whether state courts are obligated to entertain § 1983 actions, we held that Congress has not barred them from doing so.
The State did not appeal the judgment against it.
The Supreme Judicial Court remanded to allow the Superior Court to exercise its discretion under § 1988 to determine the appropriate disposition of the fee request.
Where the plain language, supported by consistent judicial interpretation, is as strong as it is here, ordinarily “it is not necessary to look beyond the words of the statute.” TV A v. Hill, 437 U. S. 153, 184, n. 29 (1978).
In his concurring opinion in Chapman v. Houston Welfare Rights Organization, 441 U. S. 600 (1979), Me. Justice Powell’s argument proceeds on the basis of the flawed premise that Congress did not intend to change the meaning of existing laws when it revised the statutes in 1874. He assumed that Congress had instructed the revisers not to make changes, and that the revisers had obeyed those instructions. In fact, the second section of the statute creating the Revision Commission, 14 Stat. 75, mandated that the commissioners “mak[e] such alterations as may be necessary to reconcile the contradictions, supply the omissions, and amend the imperfections of the original text.” Furthermore, it is clear that Congress understood this mandate to authorize the Commission to do more than merely “copy and arrange in proper order, and classify in heads the actual text of statutes in force.” 2 Cong. Rec. 825 (1874). We have already decided that the “customary stout assertions of the codifiers that they had merely clarified and reorganized without changing substance” cannot be taken at face value. United States v. Price, 383 U. S. 787, 803 (1966) (holding that the revisers significantly broadened the forerunner of 18 U. S. C. §242).
There is no inherent illogic in construing § 1983 more broadly than § 1343 (3) was construed in Chapman v. Houston Welfare Rights Organization, supra. It would only mean that there are statutory rights which Congress has decided cannot be enforced in the federal courts unless 28 U. S. C. §1331 (a)’s $10,000 jurisdictional amount is satisfied.
The States appearing as amid suggest that Hutto v. Finney, 437 U. S. 678 (1978), left open the issue whether Congress, exercising its power under §5 of the Fourteenth Amendment, could set aside the States’ Eleventh Amendment immunity in statutory as opposed to constitutional cases. Hutto, however, concluded alternatively that the Eleventh Amendment did not bar attorney’s fee awards in federal courts because the fee awards are part of costs, which “have traditionally been awarded without regard for the State’s Eleventh Amendment immunity.” Id., at 695. No Eleventh Amendment question is present, of course, where an action is brought in a state court since the Amendment, by its terms, restrains only “[t]he Judicial power of the United States.”
In Blue v. Craig, the plaintiffs claimed that North Carolina’s Medicaid plan was inconsistent with the SSA.
“In a case now pending, officials accepted Social Security Act funds for years for certain medical screening programs when in fact they had no such programs in most of the State. Bond v. Stanton, 528 F. 2d 688 (7th Cir. 1976).” 122 Cong. Rec. 33314 (1976). In the same list of examples, Senator Kennedy included La Raza Unida v. Volpe, 57 F. R. D. 94 (ND Cal. 1972), in which plaintiffs demonstrated violations of “the Department of Transportation Act of 1966 and various sections of 23 U. S. C. dealing with housing displacement and relocation.” Id., at 95.
The Committee Reports are in accord. The Senate Report recognized that actions under § 1983 covered by the Act would include suits “redressing violations of the Federal Constitution or laws.” S. Rep. No. 94-1011, p. 4 (1976). The House Report, after suggesting that a party prevailing on a claim which could not support a fee award should be entitled to a determination on an attached claim covered by § 1988 in order to determine eligibility for fees, recognizes that a special problem is presented because “[i]n some instances . . . the claim with fees may involve a constitutional question. . . .” H. R. Rep. No. 94-1558, p. 4, n. 7 (1976). The negative pregnant is that in other instances the claim with fees need not involve a constitutional question.
The state courts which have addressed this issue have reached that same result. 405 A. 2d 230, 239 (Me. 1979) (case below); Ramirez v. County of Hudson, 169 N. J. Super. 455, 404 A. 2d 1271 (1979); Tobeluk v. Lind, 589 P. 2d 873 (Alaska 1979); Young v. Toia, 66 App. Div. 2d 377, 413 N. Y. S. 2d 530 (1979); Lange v. Nature Conservancy, Inc., 24 Wash. App. 416, 422, 601 P. 2d 963, 967 (1979); Board of Trustees v. Holso, 584 P. 2d 1009 (Wyo. 1978); Thorpe v. Durango School District, 41 Colo. App. 473, 591 P. 2d 1329 (1978), cert. granted by Colorado Supreme Court (1979).
If fees were not available in state courts, federalism concerns would be raised because most plaintiffs would have no choice but to bring their complaints concerning state actions to federal courts. Moreover, given that there is a class of cases stating causes of action under § 1983 but not cognizable in federal court absent the $10,000 jurisdictional amount of §1331 (a), see n. 6, supra, some plaintiffs would be forced to go to state courts, but contrary to congressional intent, would still face financial disincentives to asserting their claimed deprivations of federal rights.
U.S. Court of Customs and Patent Appeals U.S. Court of International Trade U.S. Court of Claims, Court of Federal Claims U.S. Court of Military Appeals, renamed as Court of Appeals for the Armed Forces U.S. Court of Military Review U.S. Court of Veterans Appeals U.S. Customs Court U.S. Court of Appeals, Federal Circuit U.S. Tax Court Temporary Emergency U.S. Court of Appeals U.S. Court for China U.S. Consular Courts U.S. Commerce Court Territorial Supreme Court Territorial Appellate Court Territorial Trial Court Emergency Court of Appeals Supreme Court of the District of Columbia Bankruptcy Court U.S. Court of Appeals, First Circuit U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Third Circuit U.S. Court of Appeals, Fourth Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Sixth Circuit U.S. Court of Appeals, Seventh Circuit U.S. Court of Appeals, Eighth Circuit U.S. Court of Appeals, Ninth Circuit U.S. Court of Appeals, Tenth Circuit U.S. Court of Appeals, Eleventh Circuit U.S. Court of Appeals, District of Columbia Circuit (includes the Court of Appeals for the District of Columbia but not the District of Columbia Court of Appeals, which has local jurisdiction) Alabama Middle U.S. District Court Alabama Northern U.S. District Court Alabama Southern U.S. District Court Alaska U.S. District Court Arizona U.S. District Court Arkansas Eastern U.S. District Court Arkansas Western U.S. District Court California Central U.S. District Court California Eastern U.S. District Court California Northern U.S. District Court California Southern U.S. District Court Colorado U.S. District Court Connecticut U.S. District Court Delaware U.S. District Court District Of Columbia U.S. District Court Florida Middle U.S. District Court Florida Northern U.S. District Court Florida Southern U.S. District Court Georgia Middle U.S. District Court Georgia Northern U.S. District Court Georgia Southern U.S. District Court Guam U.S. District Court Hawaii U.S. District Court Idaho U.S. District Court Illinois Central U.S. District Court Illinois Northern U.S. District Court Illinois Southern U.S. District Court Indiana Northern U.S. District Court Indiana Southern U.S. District Court Iowa Northern U.S. District Court Iowa Southern U.S. District Court Kansas U.S. District Court Kentucky Eastern U.S. District Court Kentucky Western U.S. District Court Louisiana Eastern U.S. District Court Louisiana Middle U.S. District Court Louisiana Western U.S. District Court Maine U.S. District Court Maryland U.S. District Court Massachusetts U.S. District Court Michigan Eastern U.S. District Court Michigan Western U.S. District Court Minnesota U.S. District Court Mississippi Northern U.S. District Court Mississippi Southern U.S. District Court Missouri Eastern U.S. District Court Missouri Western U.S. District Court Montana U.S. District Court Nebraska U.S. District Court Nevada U.S. District Court New Hampshire U.S. District Court New Jersey U.S. District Court New Mexico U.S. District Court New York Eastern U.S. District Court New York Northern U.S. District Court New York Southern U.S. District Court New York Western U.S. District Court North Carolina Eastern U.S. District Court North Carolina Middle U.S. District Court North Carolina Western U.S. District Court North Dakota U.S. District Court Northern Mariana Islands U.S. District Court Ohio Northern U.S. District Court Ohio Southern U.S. District Court Oklahoma Eastern U.S. District Court Oklahoma Northern U.S. District Court Oklahoma Western U.S. District Court Oregon U.S. District Court Pennsylvania Eastern U.S. District Court Pennsylvania Middle U.S. District Court Pennsylvania Western U.S. District Court Puerto Rico U.S. District Court Rhode Island U.S. District Court South Carolina U.S. District Court South Dakota U.S. District Court Tennessee Eastern U.S. District Court Tennessee Middle U.S. District Court Tennessee Western U.S. District Court Texas Eastern U.S. District Court Texas Northern U.S. District Court Texas Southern U.S. District Court Texas Western U.S. District Court Utah U.S. District Court Vermont U.S. District Court Virgin Islands U.S. District Court Virginia Eastern U.S. District Court Virginia Western U.S. District Court Washington Eastern U.S. District Court Washington Western U.S. District Court West Virginia Northern U.S. District Court West Virginia Southern U.S. District Court Wisconsin Eastern U.S. District Court Wisconsin Western U.S. District Court Wyoming U.S. District Court Louisiana U.S. District Court Washington U.S. District Court West Virginia U.S. District Court Illinois Eastern U.S. District Court South Carolina Eastern U.S. District Court South Carolina Western U.S. District Court Alabama U.S. District Court U.S. District Court for the Canal Zone Georgia U.S. District Court Illinois U.S. District Court Indiana U.S. District Court Iowa U.S. District Court Michigan U.S. District Court Mississippi U.S. District Court Missouri U.S. District Court New Jersey Eastern U.S. District Court (East Jersey U.S. District Court) New Jersey Western U.S. District Court (West Jersey U.S. District Court) New York U.S. District Court North Carolina U.S. District Court Ohio U.S. District Court Pennsylvania U.S. District Court Tennessee U.S. District Court Texas U.S. District Court Virginia U.S. District Court Norfolk U.S. District Court Wisconsin U.S. District Court Kentucky U.S. Distrcrict Court New Jersey U.S. District Court California U.S. District Court Florida U.S. District Court Arkansas U.S. District Court District of Orleans U.S. District Court State Supreme Court State Appellate Court State Trial Court Eastern Circuit (of the United States) Middle Circuit (of the United States) Southern Circuit (of the United States) Alabama U.S. Circuit Court for (all) District(s) of Alabama Arkansas U.S. Circuit Court for (all) District(s) of Arkansas California U.S. Circuit for (all) District(s) of California Connecticut U.S. Circuit for the District of Connecticut Delaware U.S. Circuit for the District of Delaware Florida U.S. Circuit for (all) District(s) of Florida Georgia U.S. Circuit for (all) District(s) of Georgia Illinois U.S. Circuit for (all) District(s) of Illinois Indiana U.S. Circuit for (all) District(s) of Indiana Iowa U.S. Circuit for (all) District(s) of Iowa Kansas U.S. Circuit for the District of Kansas Kentucky U.S. Circuit for (all) District(s) of Kentucky Louisiana U.S. Circuit for (all) District(s) of Louisiana Maine U.S. Circuit for the District of Maine Maryland U.S. Circuit for the District of Maryland Massachusetts U.S. Circuit for the District of Massachusetts Michigan U.S. Circuit for (all) District(s) of Michigan Minnesota U.S. Circuit for the District of Minnesota Mississippi U.S. Circuit for (all) District(s) of Mississippi Missouri U.S. Circuit for (all) District(s) of Missouri Nevada U.S. Circuit for the District of Nevada New Hampshire U.S. Circuit for the District of New Hampshire New Jersey U.S. Circuit for (all) District(s) of New Jersey New York U.S. Circuit for (all) District(s) of New York North Carolina U.S. Circuit for (all) District(s) of North Carolina Ohio U.S. Circuit for (all) District(s) of Ohio Oregon U.S. Circuit for the District of Oregon Pennsylvania U.S. Circuit for (all) District(s) of Pennsylvania Rhode Island U.S. Circuit for the District of Rhode Island South Carolina U.S. Circuit for the District of South Carolina Tennessee U.S. Circuit for (all) District(s) of Tennessee Texas U.S. Circuit for (all) District(s) of Texas Vermont U.S. Circuit for the District of Vermont Virginia U.S. Circuit for (all) District(s) of Virginia West Virginia U.S. Circuit for (all) District(s) of West Virginia Wisconsin U.S. Circuit for (all) District(s) of Wisconsin Wyoming U.S. Circuit for the District of Wyoming Circuit Court of the District of Columbia Nebraska U.S. Circuit for the District of Nebraska Colorado U.S. Circuit for the District of Colorado Washington U.S. Circuit for (all) District(s) of Washington Idaho U.S. Circuit Court for (all) District(s) of Idaho Montana U.S. Circuit Court for (all) District(s) of Montana Utah U.S. Circuit Court for (all) District(s) of Utah South Dakota U.S. Circuit Court for (all) District(s) of South Dakota North Dakota U.S. Circuit Court for (all) District(s) of North Dakota Oklahoma U.S. Circuit Court for (all) District(s) of Oklahoma Court of Private Land Claims