United States Court of Appeals for the District of Columbia Circuit

United States Court of Appeals for the District of Columbia Circuit
Seal of the United States Court of Appeals for the District of Columbia Circuit

The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a discretionary basis by the Supreme Court. It should not be confused with the District of Columbia Court of Appeals, which is roughly equivalent to a state supreme court in the District of Columbia, or with the Federal Circuit, whose jurisdiction is limited only by subject matter.

While it has the smallest geographic jurisdiction of any of the United States courts of appeals, the D.C. Circuit, with eleven active judgeships, is arguably the most important inferior appellate court. The court is given the responsibility of directly reviewing the decisions and rulemaking of many federal independent agencies of the United States government based in the national capital, often without prior hearing by a district court. Aside from the agencies whose statutes explicitly direct review by the D.C. Circuit, the court typically hears cases from other agencies under the more general jurisdiction granted to the Courts of Appeals under the Administrative Procedure Act. Given the broad areas over which federal agencies have power, this often gives the judges of the D.C. Circuit a central role in affecting national U.S. policy and law.

A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court. Chief Justice John Roberts and Associate Justices Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg are alumni of the D.C. Circuit. In addition, the Reagan Administration put forth two failed nominees in 1987 from the D.C. Circuit: former Judge Robert Bork, who was rejected by the Senate, and former (20012008) Chief Judge Douglas H. Ginsburg, who withdrew his nomination after it became known that he had used marijuana as a college student and professor in the 1960s and 1970s. Before the 1980s, Chief Justices Fred M. Vinson and Warren Burger, as well as Associate Justice Wiley Blount Rutledge, served on the D.C. Circuit before their elevations to the Supreme Court.

E. Barrett Prettyman Federal Courthouse

Unlike the Courts of Appeals for the other geographical districts where home-state senators have the privilege of holding up confirmation by the "blue slip" process, because the D.C. Circuit does not represent any state, confirmation of nominees is often procedurally and practically easier. However, in recent years, several nominees were stalled and some were ultimately not confirmed because senators claimed that the court had become larger than necessary to handle its caseload.

The United States Court of Appeals for the District of Columbia Circuit meets at the E. Barrett Prettyman Federal Courthouse, near Judiciary Square in downtown Washington, D.C.

From 1984 to 2009, there were twelve seats on the D.C. Circuit. One of those seats was eliminated by the Court Security Improvement Act of 2007 on January 7, 2008, with immediate effect, leaving the number of authorized judgeships at eleven. (The eliminated judgeship was instead assigned to the Ninth Circuit, with the assignment taking effect on January 21, 2009).

The D.C. Circuit is the only U.S. Court of Appeals that publishes its cases in its own official reporter.[citation needed] All decisions of the other U.S. Courts of Appeals are published only in the Federal Reporter, an unofficial reporter from Thomson West.

Contents

Current composition of court

Active judges

# Judge Duty station Born Appointed Chief Appointed by
47 David B. Sentelle DC 1943 1987 2008present Reagan
49 Karen L. Henderson DC 1944 1990 —— G.H.W. Bush
51 Judith Ann Wilson Rogers DC 1939 1994 —— Clinton
52 David S. Tatel DC 1942 1994 —— Clinton
53 Merrick B. Garland DC 1952 1997 —— Clinton
55 Janice Rogers Brown DC 1949 2005 —— G.W. Bush
56 Thomas B. Griffith DC 1954 2005 —— G.W. Bush
57 Brett M. Kavanaugh DC 1965 2006 —— G.W. Bush
- Vacant (Seat 6)
- Vacant (Seat 9)
- Vacant (Seat 2)

Vacancies and pending nominations

Seat Seat Last Held By Vacancy Reason Date of Vacancy Nominee Date of Nomination
6 John Roberts Elevation to Supreme Court September 25, 2005 Caitlin Halligan September 29, 2010
9 A. Raymond Randolph Senior status November 1, 2008 —— ——
2 Douglas H. Ginsburg Senior status October 14, 2011 —— ——

Senior judges

The following judges continue to serve on senior status:

# Judge Duty station Born Active Chief Appointed by
38 Harry T. Edwards DC 1940 19802005 19942001 Carter
43 Laurence H. Silberman DC 1935 19852000 —— Reagan
45 Stephen F. Williams DC 1936 19862001 —— Reagan
46 Douglas H. Ginsburg DC 1946 19862011 20012008 Reagan
50 A. Raymond Randolph DC 1943 19902008 —— G.H.W. Bush

List of former judges

# Judge State Born/Died Active service Term as Chief Judge Senior status Appointed by Reason for
termination
1 Alvey, Richard HenryRichard Henry Alvey MD 18261906 18931905 18931905 (none) Cleveland retirement
2 Morris, Martin FerdinandMartin Ferdinand Morris DC 18341909 18931905 (none) (none) Cleveland retirement
3 Shepard, SethSeth Shepard TX 18471917 18931917 19051917 (none) Cleveland (associate);
T. Roosevelt (chief)[1]
retirement
4 Duell, Charles HollandCharles Holland Duell NY 18501920 19051906 (none) (none) Cleveland resignation
5 McComas, Louis EmoryLouis Emory McComas MD 18461907 19051907 (none) (none) T. Roosevelt death
6 Robb, Charles HenryCharles Henry Robb VT 18671939 1906[2]1937 (none) 19371939 T. Roosevelt death
7 Van Orsdel, Josiah AlexanderJosiah Alexander Van Orsdel WY 18601937 1907[2]1937 (none) (none) T. Roosevelt death
8 Smyth, Constantine JosephConstantine Joseph Smyth NE 18591924 19171924 19171924 (none) Wilson death
9 Martin, George EwingGeorge Ewing Martin OH 18571948 19241937 19241937 19371948 Coolidge death
10 Hitz, WilliamWilliam Hitz DC 18721935 19311935 (none) (none) Hoover death
11 Groner, Duncan LawrenceDuncan Lawrence Groner VA 18731957 19311948 19371948 19481957 Hoover (associate);
F. Roosevelt (chief)[1]
death
12 Stephens, Harold MontelleHarold Montelle Stephens UT 18861955 19351955 19481955 (none) F. Roosevelt (associate);
Truman (chief)[1]
death
13 Miller, JustinJustin Miller CA 18881973 19371945 (none) (none) F. Roosevelt resignation
14 Edgerton, Henry WhiteHenry White Edgerton 18881970 19371963 19551958 19631970 F. Roosevelt death
15 Vinson, Fred M.Fred M. Vinson KY 18901953 19381943 (none) (none) F. Roosevelt resignation to become Director of
the Office of Economic Stabilization
16 Rutledge, Wiley BlountWiley Blount Rutledge 18941949 19391943 (none) (none) F. Roosevelt elevation to Supreme Court
17 Arnold, Thurman WesleyThurman Wesley Arnold WY 18911969 19431945 (none) (none) F. Roosevelt resignation
18 Clark, Bennett ChampBennett Champ Clark MO 18901954 19451954 (none) (none) Truman death
19 Miller, Wilbur KingsburyWilbur Kingsbury Miller KY 18921976 19451964 19601962 19641976 Truman death
20 Prettyman, E. BarrettE. Barrett Prettyman DC 18911971 19451962 19581960 19621971 Truman death
21 Proctor, James McPhersonJames McPherson Proctor DC 18821953 19481953 (none) (none) Truman death
22 Bazelon, David L.David L. Bazelon IL 19091993 1949[2]1979 19621978 19791993 Truman death
23 Fahy, CharlesCharles Fahy 18921979 1949[2]1967 (none) 19671979 Truman death
24 Washington, George ThomasGeorge Thomas Washington 19081971 1949[2]1965 (none) 19651971 Truman death
25 Danaher, John AnthonyJohn Anthony Danaher CT 18991990 1953[2]1969 (none) 19691990 Eisenhower death
26 Bastian, Walter MaximillianWalter Maximillian Bastian DC 18911975 1954[2]1965 (none) 19651975 Eisenhower death
27 Burger, Warren E.Warren E. Burger MN 19071995 19561969 (none) (none) Eisenhower elevation to Supreme Court
28 Wright, James SkellyJames Skelly Wright LA 19111988 19621986 19781981 19861988 Kennedy death
29 McGowan, Carl E.Carl E. McGowan IL 19111987 19631981 19811981 19811987 Kennedy death
30 Tamm, Edward AllenEdward Allen Tamm DC 19061985 19651985 (none) (none) L. Johnson death
31 Leventhal, HaroldHarold Leventhal DC 19151979 19651979 (none) (none) L. Johnson death
32 Robinson III, Spottswood WilliamSpottswood William Robinson III VA 19161998 19661989 19811986 19891998 L. Johnson death
33 MacKinnon, GeorgeGeorge MacKinnon MN 19061995 19691983 (none) 19831995 Nixon death
34 Robb, RogerRoger Robb DC 19071985 19691982 (none) 19821985 Nixon death
35 Wilkey, Malcolm RichardMalcolm Richard Wilkey TX 1918present 19701984 (none) 19841985 Nixon retirement
36 Wald, PatriciaPatricia Wald DC 1928present 19791999 19861991 (none) Carter retirement
37 Mikva, Abner J.Abner J. Mikva IL 1926present 19791994 19911994 (none) Carter resignation to become White House Counsel
39 Ginsburg, Ruth BaderRuth Bader Ginsburg NY 1933present 19801993 (none) (none) Carter elevation to Supreme Court
40 Bork, RobertRobert Bork CT 1927present 19821988 (none) (none) Reagan resignation
41 Scalia, AntoninAntonin Scalia NJ 1936present 19821986 (none) (none) Reagan elevation to Supreme Court
42 Starr, KennethKenneth Starr VA 1946present 19831989 (none) (none) Reagan resignation to become Solicitor General
44 Buckley, James L.James L. Buckley DC 1923present 19831996 (none) 1996-2000 Reagan retirement
48 Thomas, ClarenceClarence Thomas GA 1948present 19901991 (none) (none) G.H.W. Bush elevation to Supreme Court
54 Roberts, JohnJohn Roberts MD 1955present 20032005 (none) (none) G.W. Bush elevation to Supreme Court

Chiefs

Chief
as Chief Justice
Alvey 18931905
Shepard 19051917
Smyth 19171924
Martin 19241937
Groner 19371948
Stephens 19481948
as Chief Judge
Stephens 19481955
Edgerton 19551958
Prettyman 19581960
W. Miller 19601962
Bazelon 19621978
Wright 19781981
McGowan 19811981
Robinson 19811986
Wald 19861991
Mikva 19911994
Edwards 19942001
D. Ginsburg 20012008
Sentelle 2008present

When Congress established this court in 1893 as the Court of Appeals of the District of Columbia, it had a Chief Justice, and the other judges were called Associate Justices, just like the Supreme Court. Just like the Supreme Court, the Chief Justiceship was a separate seat: the President would appoint the Chief Justice, and that person would stay Chief Justice until they left the court.

On June 25, 1948, 62 Stat. 869 and 62 Stat. 985 became law. These acts made the Chief Justice a Chief Judge. In 1954, another law, 68 Stat. 1245, clarified what was implicit in those laws: that the Chief Judgeship was not a mere renaming of the position but a change in its status that made it the same as the Chief Judge of other inferior courts.

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice (i.e., the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not become chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

The court has eleven seats for active judges after the elimination of seat seven under the Court Security Improvement Act of 2007. The seat that was originally the Chief Justiceship is numbered as Seat 1; the other seats are numbered in order of their creation. If seats were established simultaneously, they are numbered in the order in which they were filled. Judges who retire into senior status remain on the bench but leave their seat vacant. That seat is filled by the next circuit judge appointed by the President.

Seat 1
Established on February 9, 1893 as Chief Justice by 27 Stat434
Alvey 18931905
Shepard 19051917
Smyth 19171924
Martin 19241937
Groner 19371948
Stephens 19481948
Seat redesignated on June 25, 1948 as Circuit Judge persuant to 62 Stat869, 62 Stat985, and 68 Stat1245
Stephens 19481955
Burger 19561969
Wilkey 19701984
Williams 19862001
Brown 2005present
Seat 2
Established on February 9, 1893 as Associate Justice by 27 Stat434
Morris 18931905
McComas 19051907
Van Orsdel 19071937
J. Miller 19371945
Prettyman 19451948
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat869985
Prettyman 19481962
Wright 19621986
D. Ginsburg 19862011
(vacant) 2011present
Seat 3
Established on February 9, 1893 as Associate Justice by 27 Stat434
Shepard 18931905
Duell 19051906
C. Robb 19061937
Vinson 19381943
W. Miller 19451948
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat869985
W. Miller 19481964
Leventhal 19651979
R. B. Ginsburg 19801993
Tatel 1994present
Seat 4
Established on June 19, 1930 as Associate Justice by 46 Stat785
Hitz 19311935
Stephens 19351948
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat869985
Proctor 19481953
Danaher 19531969
R. Robb 19691982
Scalia 19821986
Sentelle 1987present
Seat 5
Established on June 19, 1930 as Associate Justice by 46 Stat785
Groner 19311937
Edgerton 19371948
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat869985
Edgerton 19481963
McGowan 19631981
Bork 19821988
Thomas 19901991
Rogers 1994present
Seat 6
Established on May 31, 1938 as Associate Justice by 52 Stat584
Rutledge 19391943
Clark 19451948
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat869985
Clark 19481954
Bastian 19541965
Tamm 19651985
Buckley 19851996
Roberts 20032005
(vacant) 2005present
Seat 7
Established on August 3, 1949 by 63 Stat493
Bazelon 19491979
Edwards 19802005
Seat Eliminated on January 7, 2008 by Court Security Improvement Act of 2007
Seat 8
Established on August 3, 1949 by 63 Stat493
Fahy 19491967
MacKinnon 19691983
Starr 19831989
Henderson 1990present
Seat 9
Established on August 3, 1949 by 63 Stat493
Washington 19491965
Robinson 19661989
Randolph 19902008
(vacant) 2008present
Seat 10
Established on October 20, 1978 by 92 Stat1629
Wald 19791999
Griffith 2005present
Seat 11
Established on October 20, 1978 by 92 Stat1629
Mikva 19791994
Garland 1997present
Seat 12
Established on July 10, 1984 by 98 Stat333
Silberman 19852000
Kavanaugh 2006present

See also

  • Federal judicial appointment history#DC Circuit

Notes

  1. ^ a b c Prior to 1948, the court consisted of a Chief Justice and up to five Associate Justices. Much like in the United States Supreme Court, the Chief Justice would be separately nominated and subject to a separate confirmation process, regardless of whether or not he was elevated from an associate justice position. In 1948, the positions of Chief Justice and Associate Justice were reassigned to Circuit Judge positions and the position of Chief Judge was assigned based on seniority.
  2. ^ a b c d e f g Recess appointment, confirmed by the Senate at a later date.

References

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