The District of Columbia was not enumerated among the federal "circuits" at the time.
Complaints are initially reviewed by each federal circuit's chief judge, who has considerable discretion in how to proceed.
One proposal was to encourage chief judges to refer sensitive cases to another of the 13 federal circuits.
Most of the federal circuits agree with that position.
The federal circuit has a specialized nationwide jurisdiction, financial claims against the federal government.
In addition, Garner has interviewed circuit judges on all the federal circuits.
Other federal appellate circuits have reached the opposite conclusion, and the legal dispute has been raging for years.
The court did not adopt "consent once removed" as other federal circuits have done.
It's all been stabbing in the dark (mostly by the federal circuit) since then.
"But first, this just in: The federal circuit court has ruled that the feeding tube must be removed."