 Under the Judiciary Act of 1789 , the United States circuit courts were composed of a stationary United States district court judge and any two Supreme Court justices riding circuit . If one judge or justice disagreed with the other two , the majority prevailed . If only one Supreme Court justice could attend ( as was authorized by the Judiciary Act of 1793 ) , and a division arose between the district judge and the Supreme Court justice , the practice was to hold the case over until the next term . If a one @-@ to @-@ one division persisted with a different circuit riding justice , the opinion of the previous circuit rider broke the tie . Following a brief intermezzo with the soon @-@ repealed Midnight Judges Act of 1801 ( which briefly abolished circuit riding ) , under the Judiciary Act of 1802 , the circuit courts were composed of a stationary district judge and one Supreme Court justice assigned to the circuit . But , a single judge ( either the district judge or the circuit rider ) could preside alone . In cases where both judges sat , though , one @-@ to @-@ one divisions were less likely to be resolved by continuing the case until the next term because the circuit riding justice would be the same ( barring a change in membership on the Court ) . 
