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United States Court of Appeals for the District of Columbia Circuit
Current United States federal appellate court

The United States Court of Appeals for the District of Columbia Circuit (D.C. Cir.) is one of thirteen U.S. Courts of Appeals, with the smallest jurisdiction covering only the U.S. District Court for the District of Columbia. Based in the E. Barrett Prettyman Courthouse in Washington, DC, it is considered second in prestige only to the U.S. Supreme Court. The D.C. Circuit handles key federal issues in administrative law and constitutional law. Notably, four current Supreme Court justices, including Chief Justice John Roberts, previously served here. Its unique status means nominee confirmations can be easier, bypassing delays often caused by the blue slip process used in other districts.

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Current composition of the court

As of January 16, 2024:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
58Chief JudgeSri SrinivasanWashington, D.C.19672013–present2020–present—Obama
49Circuit JudgeKaren L. HendersonWashington, D.C.19441990–present——G.H.W. Bush
59Circuit JudgePatricia MillettWashington, D.C.19632013–present——Obama
60Circuit JudgeCornelia PillardWashington, D.C.19612013–present——Obama
61Circuit JudgeRobert L. WilkinsWashington, D.C.19632014–present——Obama
62Circuit JudgeGregory G. KatsasWashington, D.C.19642017–present——Trump
63Circuit JudgeNeomi RaoWashington, D.C.19732019–present——Trump
64Circuit JudgeJustin R. WalkerWashington, D.C.19822020–present——Trump
66Circuit JudgeJ. Michelle ChildsWashington, D.C.19662022–present——Biden
67Circuit JudgeFlorence Y. PanWashington, D.C.19662022–present——Biden
68Circuit JudgeBrad GarciaWashington, D.C.19862023–present——Biden
38Senior Circuit JudgeHarry T. EdwardsWashington, D.C.19401980–20051994–20012005–presentCarter
46Senior Circuit JudgeDouglas H. GinsburgWashington, D.C.19461986–20112001–20082011–presentReagan
47Senior Circuit JudgeDavid B. Sentelleinactive19431987–20132008–20132013–presentReagan
50Senior Circuit JudgeA. Raymond RandolphWashington, D.C.19431990–2008—2008–presentG.H.W. Bush
51Senior Circuit JudgeJudith W. RogersWashington, D.C.19391994–2022—2022–presentClinton

List of former judges

#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason fortermination
1Richard Henry AlveyMD1826–19061893–19051893–1905— Clevelandretirement
2Martin Ferdinand MorrisDC1834–19091893–1905—— Clevelandretirement
3Seth ShepardTX1847–19171893–19171905–1917— Cleveland (associate);T. Roosevelt (chief)4retirement
4Charles Holland DuellNY1850–19201905–1906——T. Rooseveltresignation
5Louis E. McComasMD1846–19071905–1907——T. Rooseveltdeath
6Charles Henry RobbVT1867–193919065–1937—1937–1939T. Rooseveltdeath
7Josiah Alexander Van OrsdelWY1860–193719076–1937——T. Rooseveltdeath
8Constantine Joseph SmythNE1859–19241917–19241917–1924— Wilsondeath
9George Ewing MartinOH1857–19481924–19371924–19371937–1948 Coolidgedeath
10William HitzDC1872–19351931–1935—— Hooverdeath
11Duncan Lawrence GronerVA1873–19571931–19481937–19481948–1957 Hoover (associate);F. Roosevelt (chief)7death
12Harold Montelle StephensUT1886–19551935–19551948–1955—F. Roosevelt (associate);Truman (chief)8death
13Justin MillerCA1888–19731937–1945——F. Rooseveltresignation
14Henry White EdgertonDC1888–19701937–19631955–19581963–1970F. Rooseveltdeath
15Fred M. VinsonKY1890–19531938–1943——F. Rooseveltresignation
16Wiley RutledgeKY1894–19491939–1943——F. Rooseveltelevation to Supreme Court
17Thurman ArnoldWY1891–19691943–1945——F. Rooseveltresignation
18Bennett Champ ClarkMO1890–19541945–1954—— Trumandeath
19E. Barrett PrettymanDC1891–19711945–19621958–19601962–1971 Trumandeath
20Wilbur Kingsbury MillerKY1892–19761945–19641960–19621964–1976 Trumandeath
21James McPherson ProctorDC1882–19531948–1953—— Trumandeath
22David L. BazelonIL1909–199319499–19791962–19781979–1993 Trumandeath
23Charles FahyGA1892–1979194910–1967—1967–1979 Trumandeath
24George Thomas WashingtonOH1908–1971194911–1965—1965–1971 Trumandeath
25John A. DanaherCT1899–1990195312–1969—1969–1990 Eisenhowerdeath
26Walter Maximillian BastianDC1891–1975195413–1965—1965–1975 Eisenhowerdeath
27Warren E. BurgerMN1907–19951956–1969—— Eisenhowerelevation to Supreme Court
28James Skelly WrightLA1911–19881962–19861978–19811986–1988 Kennedydeath
29Carl E. McGowanIL1911–19871963–198119811981–1987 Kennedydeath
30Edward Allen TammDC1906–19851965–1985——L. Johnsondeath
31Harold LeventhalDC1915–19791965–1979——L. Johnsondeath
32Spottswood William Robinson IIIVA1916–19981966–19891981–19861989–1998L. Johnsondeath
33George MacKinnonMN1906–19951969–1983—1983–1995 Nixondeath
34Roger RobbDC1907–19851969–1982—1982–1985 Nixondeath
35Malcolm Richard WilkeyTX1918–20091970–1984—1984–1985 Nixonretirement
36Patricia WaldDC1928–20191979–19991986–1991— Carterretirement
37Abner MikvaIL1926–20161979–19941991–1994— Carterretirement
39Ruth Bader GinsburgNY1933–20201980–1993—— Carterelevation to Supreme Court
40Robert BorkCT1927–20121982–1988—— Reaganresignation
41Antonin ScaliaIL1936–20161982–1986—— Reaganelevation to Supreme Court
42Kenneth StarrVA1946–20221983–1989—— Reaganresignation
43Laurence SilbermanPA1935–20221985–2000—2000–2022 Reagandeath
44James L. BuckleyNY1923–20231985–1996—1996–2023Reagandeath
45Stephen F. WilliamsCO1936–20201986–2001—2001–2020 Reagandeath
48Clarence ThomasGA1948–present1990–1991——G.H.W. Bushelevation to Supreme Court
52David S. TatelDC1942–present1994–2022—2022–2024 Clintonretirement
53Merrick GarlandIL1952–present1997–20212013–2020— Clintonretirement
54John RobertsMD1955–present2003–2005——G.W. Bushelevation to Supreme Court
55Janice Rogers BrownCA1949–present2005–2017——G.W. Bushretirement
56Thomas B. GriffithUT1954–present2005–2020——G.W. Bushretirement
57Brett KavanaughMD1965–present2006–2018——G.W. Bushelevation to Supreme Court
65Ketanji Brown JacksonDC1970–present2021–2022—— Bidenelevation to Supreme Court

Chiefs

Chief
as Chief Justice
Alvey1893–1905
Shepard1905–1917
Smyth1917–1924
Martin1924–1937
Groner1937–1948
Stephens1948
as Chief Judge
Stephens1948–1955
Edgerton1955–1958
Prettyman1958–1960
W. Miller1960–1962
Bazelon1962–1978
Wright1978–1981
McGowan1981
Robinson1981–1986
Wald1986–1991
Mikva1991–1994
Edwards1994–2001
D. Ginsburg2001–2008
Sentelle2008–2013
Garland2013–2020
Srinivasan2020–present

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, which was similar to the structure of 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 he 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 (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, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.14

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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.15

Succession of seats

The court has eleven seats for active judges after the elimination of Seat 8 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 February 9, 1893 as Chief Justice by 27 Stat. 434
Alvey1893–1905
Shepard1905–1917
Smyth1917–1924
Martin1924–1937
Groner1937–1948
Stephens1948
Seat abolished June 25, 1948 pursuant to 62 Stat. 869, 62 Stat. 985, and 68 Stat. 1245
Seat 2
Established February 9, 1893 as Associate Justice by 27 Stat. 434
Morris1893–1905
McComas1905–1907
Van Orsdel1907–1937
J. Miller1937–1945
Prettyman1945–1948
Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985
Prettyman1948–1962
Wright1962–1986
D. Ginsburg1986–2011
Pillard2013–present
Seat 3
Established February 9, 1893 as Associate Justice by 27 Stat. 434
Shepard1893–1905
Duell1905–1906
C. Robb1906–1937
Vinson1938–1943
W. Miller1945–1948
Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985
W. Miller1948–1964
Leventhal1965–1979
R.B. Ginsburg1980–1993
Tatel1994–2022
Childs2022–present
Seat 4
Established June 19, 1930 as Associate Justice by 46 Stat. 785
Hitz1931–1935
Stephens1935–1948
Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985
Proctor1948–1953
Danaher1953–1969
R. Robb1969–1982
Scalia1982–1986
Sentelle1987–2013
Wilkins2014–present
Seat 5
Established June 19, 1930 as Associate Justice by 46 Stat. 785
Groner1931–1937
Edgerton1937–1948
Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985
Edgerton1948–1963
McGowan1963–1981
Bork1982–1988
Thomas1990–1991
Rogers1994–2022
Garcia2023–present
Seat 6
Established May 31, 1938 as Associate Justice by 52 Stat. 584
Rutledge1939–1943
Arnold1943–1945
Clark1945–1948
Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985
Clark1948–1954
Bastian1954–1965
Tamm1965–1985
Buckley1985–1996
Roberts2003–2005
Millett2013–present
Seat 7
Established June 25, 1948 pursuant to 62 Stat. 869, 62 Stat. 985, and 68 Stat. 1245
Stephens1948–1955
Burger1956–1969
Wilkey1970–1984
Williams1986–2001
Brown2005–2017
Katsas2017–present
Seat 8
Established August 3, 1949 by 63 Stat. 493
Bazelon1949–1979
Edwards1980–2005
Seat eliminated January 7, 2008 by 121 Stat. 2543
Seat 9
Established August 3, 1949 by 63 Stat. 493
Fahy1949–1967
MacKinnon1969–1983
Starr1983–1989
Henderson1990–present
Seat 10
Established August 3, 1949 by 63 Stat. 493
Washington1949–1965
Robinson1966–1989
Randolph1990–2008
Srinivasan2013–present
Seat 11
Established October 20, 1978 by 92 Stat. 1629
Wald1979–1999
Griffith2005–2020
Walker2020–present
Seat 12
Established October 20, 1978 by 92 Stat. 1629
Mikva1979–1994
Garland1997–2021
Jackson2021–2022
Pan2022–present
Seat 13
Established July 10, 1984 by 98 Stat. 333
Silberman1985–2000
Kavanaugh2006–2018
Rao2019–present

See also

Notes

  • "Standard Search". Federal Law Clerk Information System. Archived from the original on October 21, 2005. Retrieved June 2, 2005.
    • Source for the duty station for Judge Williams
  • "Instructions for Judicial Directory". Website of the University of Texas Law School. Archived from the original on November 11, 2005. Retrieved July 4, 2005.
    • Source for the duty station for Judges Silberman and Buckley
    • Data is current to 2002
  • "U. S. Court of Appeals for the District of Columbia Circuit". Official website of the Federal Judicial Center. Archived from the original on April 4, 2005. Retrieved May 26, 2005.
    • Source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information
Wikisource has original works on the topic: United States Court of Appeals for the District of Columbia Circuit

References

  1. In some circumstances, it may also handle appeals that originate in American Samoa, which has no local federal district court or territorial court, by way of the D.C. District court; the Ninth Circuit may also handle such cases by the District of Hawaii.[1] /wiki/American_Samoa ↩

  2. Turner, Julia (February 7, 2003). "What's So Important About the Washington, D.C., Circuit Court of Appeals?". Slate. Retrieved October 2, 2024. https://slate.com/news-and-politics/2003/02/the-second-highest-court-in-the-land.html ↩

  3. Turner, Julia (February 7, 2003). "What's So Important About the Washington, D.C., Circuit Court of Appeals?". Slate. Retrieved October 2, 2024. https://slate.com/news-and-politics/2003/02/the-second-highest-court-in-the-land.html ↩

  4. Prior to 1948, the court consisted of a Chief Justice and up to five Associate Justices. Much like with the Supreme Court of the United States, 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. /wiki/Supreme_Court_of_the_United_States ↩

  5. Recess appointment, confirmed by the Senate at a later date. ↩

  6. Recess appointment, confirmed by the Senate at a later date. ↩

  7. Prior to 1948, the court consisted of a Chief Justice and up to five Associate Justices. Much like with the Supreme Court of the United States, 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. /wiki/Supreme_Court_of_the_United_States ↩

  8. Prior to 1948, the court consisted of a Chief Justice and up to five Associate Justices. Much like with the Supreme Court of the United States, 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. /wiki/Supreme_Court_of_the_United_States ↩

  9. Recess appointment, confirmed by the Senate at a later date. ↩

  10. Recess appointment, confirmed by the Senate at a later date. ↩

  11. Recess appointment, confirmed by the Senate at a later date. ↩

  12. Recess appointment, confirmed by the Senate at a later date. ↩

  13. Recess appointment, confirmed by the Senate at a later date. ↩

  14. 28 U.S.C. § 45 /wiki/Title_28_of_the_United_States_Code ↩

  15. 62 Stat. 871, 72 Stat. 497, 96 Stat. 51 /wiki/United_States_Statutes_at_Large ↩