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If the case is heard in Louisiana immigration courts, it would be appealed to the Fifth Circuit, widely considered the most right-wing circuit court of appeals in the United States.

He said there’s a split among circuit courts of appeals on the question, which makes the case a juicy target for the justices eventually.

Most Americans know about the Supreme Court, and many are aware of the circuit court of appeals in Washington, often labeled the second highest court in the land.

"Thirteen justices would mean one justice per circuit court of appeals, consistent with how the number of justices was originally determined, so each justice can oversee one circuit," Johnson added.

The former president did not name a single Black judge to an opening on a circuit court of appeals.