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 (2001β2008) Chief Judge Douglas H. Ginsburg (no relation to Ruth Bader 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.
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 court has a history of reversing the Federal Communications Commission's major policy actions.[1]
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. All decisions of the other U.S. Courts of Appeals are published only in the Federal Reporter, an unofficial reporter from Thomson West.
Current composition of court
Active judges
Vacancies and pending nominations
Senior judges
The following judges continue to serve on senior status:
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 |
1826β1906 |
1893β1905 |
1893β1905 |
(none) |
Cleveland |
retirement |
2 |
Morris, Martin FerdinandMartin Ferdinand Morris |
DC |
1834β1909 |
1893β1905 |
(none) |
(none) |
Cleveland |
retirement |
3 |
Shepard, SethSeth Shepard |
TX |
1847β1917 |
1893β1917 |
1905β1917 |
(none) |
Cleveland (associate);
T. Roosevelt (chief)[2] |
retirement |
4 |
Duell, Charles HollandCharles Holland Duell |
NY |
1850β1920 |
1905β1906 |
(none) |
(none) |
Cleveland |
resignation |
5 |
McComas, Louis EmoryLouis Emory McComas |
MD |
1846β1907 |
1905β1907 |
(none) |
(none) |
T. Roosevelt |
death |
6 |
Robb, Charles HenryCharles Henry Robb |
VT |
1867β1939 |
1906[3]β1937 |
(none) |
1937β1939 |
T. Roosevelt |
death |
7 |
Van Orsdel, Josiah AlexanderJosiah Alexander Van Orsdel |
WY |
1860β1937 |
1907[3]β1937 |
(none) |
(none) |
T. Roosevelt |
death |
8 |
Smyth, Constantine JosephConstantine Joseph Smyth |
NE |
1859β1924 |
1917β1924 |
1917β1924 |
(none) |
Wilson |
death |
9 |
Martin, George EwingGeorge Ewing Martin |
OH |
1857β1948 |
1924β1937 |
1924β1937 |
1937β1948 |
Coolidge |
death |
10 |
Hitz, WilliamWilliam Hitz |
DC |
1872β1935 |
1931β1935 |
(none) |
(none) |
Hoover |
death |
11 |
Groner, Duncan LawrenceDuncan Lawrence Groner |
VA |
1873β1957 |
1931β1948 |
1937β1948 |
1948β1957 |
Hoover (associate);
F. Roosevelt (chief)[2] |
death |
12 |
Stephens, Harold MontelleHarold Montelle Stephens |
UT |
1886β1955 |
1935β1955 |
1948β1955 |
(none) |
F. Roosevelt (associate);
Truman (chief)[2] |
death |
13 |
Miller, JustinJustin Miller |
CA |
1888β1973 |
1937β1945 |
(none) |
(none) |
F. Roosevelt |
resignation |
14 |
Edgerton, Henry WhiteHenry White Edgerton |
|
1888β1970 |
1937β1963 |
1955β1958 |
1963β1970 |
F. Roosevelt |
death |
15 |
Vinson, Fred M.Fred M. Vinson |
KY |
1890β1953 |
1938β1943 |
(none) |
(none) |
F. Roosevelt |
resignation to become Director of
the Office of Economic Stabilization |
16 |
Rutledge, Wiley BlountWiley Blount Rutledge |
|
1894β1949 |
1939β1943 |
(none) |
(none) |
F. Roosevelt |
elevation to Supreme Court |
17 |
Arnold, Thurman WesleyThurman Wesley Arnold |
WY |
1891β1969 |
1943β1945 |
(none) |
(none) |
F. Roosevelt |
resignation |
18 |
Clark, Bennett ChampBennett Champ Clark |
MO |
1890β1954 |
1945β1954 |
(none) |
(none) |
Truman |
death |
19 |
Miller, Wilbur KingsburyWilbur Kingsbury Miller |
KY |
1892β1976 |
1945β1964 |
1960β1962 |
1964β1976 |
Truman |
death |
20 |
Prettyman, E. BarrettE. Barrett Prettyman |
DC |
1891β1971 |
1945β1962 |
1958β1960 |
1962β1971 |
Truman |
death |
21 |
Proctor, James McPhersonJames McPherson Proctor |
DC |
1882β1953 |
1948β1953 |
(none) |
(none) |
Truman |
death |
22 |
Bazelon, David L.David L. Bazelon |
IL |
1909β1993 |
1949[3]β1979 |
1962β1978 |
1979β1993 |
Truman |
death |
23 |
Fahy, CharlesCharles Fahy |
|
1892β1979 |
1949[3]β1967 |
(none) |
1967β1979 |
Truman |
death |
24 |
Washington, George ThomasGeorge Thomas Washington |
|
1908β1971 |
1949[3]β1965 |
(none) |
1965β1971 |
Truman |
death |
25 |
Danaher, John AnthonyJohn Anthony Danaher |
CT |
1899β1990 |
1953[3]β1969 |
(none) |
1969β1990 |
Eisenhower |
death |
26 |
Bastian, Walter MaximillianWalter Maximillian Bastian |
DC |
1891β1975 |
1954[3]β1965 |
(none) |
1965β1975 |
Eisenhower |
death |
27 |
Burger, Warren E.Warren E. Burger |
MN |
1907β1995 |
1956β1969 |
(none) |
(none) |
Eisenhower |
elevation to Supreme Court |
28 |
Wright, James SkellyJames Skelly Wright |
LA |
1911β1988 |
1962β1986 |
1978β1981 |
1986β1988 |
Kennedy |
death |
29 |
McGowan, Carl E.Carl E. McGowan |
IL |
1911β1987 |
1963β1981 |
1981β1981 |
1981β1987 |
Kennedy |
death |
30 |
Tamm, Edward AllenEdward Allen Tamm |
DC |
1906β1985 |
1965β1985 |
(none) |
(none) |
L. Johnson |
death |
31 |
Leventhal, HaroldHarold Leventhal |
DC |
1915β1979 |
1965β1979 |
(none) |
(none) |
L. Johnson |
death |
32 |
Robinson III, Spottswood WilliamSpottswood William Robinson III |
VA |
1916β1998 |
1966β1989 |
1981β1986 |
1989β1998 |
L. Johnson |
death |
33 |
MacKinnon, GeorgeGeorge MacKinnon |
MN |
1906β1995 |
1969β1983 |
(none) |
1983β1995 |
Nixon |
death |
34 |
Robb, RogerRoger Robb |
DC |
1907β1985 |
1969β1982 |
(none) |
1982β1985 |
Nixon |
death |
35 |
Wilkey, Malcolm RichardMalcolm Richard Wilkey |
TX |
1918βpresent |
1970β1984 |
(none) |
1984β1985 |
Nixon |
retirement |
36 |
Wald, PatriciaPatricia Wald |
DC |
1928βpresent |
1979β1999 |
1986β1991 |
(none) |
Carter |
retirement |
37 |
Mikva, Abner J.Abner J. Mikva |
IL |
1926βpresent |
1979β1994 |
1991β1994 |
(none) |
Carter |
resignation to become White House Counsel |
39 |
Ginsburg, Ruth BaderRuth Bader Ginsburg |
NY |
1933βpresent |
1980β1993 |
(none) |
(none) |
Carter |
elevation to Supreme Court |
40 |
Bork, RobertRobert Bork |
CT |
1927βpresent |
1982β1988 |
(none) |
(none) |
Reagan |
resignation |
41 |
Scalia, AntoninAntonin Scalia |
NJ |
1936βpresent |
1982β1986 |
(none) |
(none) |
Reagan |
elevation to Supreme Court |
42 |
Starr, KennethKenneth Starr |
VA |
1946βpresent |
1983β1989 |
(none) |
(none) |
Reagan |
resignation to become Solicitor General |
44 |
Buckley, James L.James L. Buckley |
DC |
1923βpresent |
1983β1996 |
(none) |
1996-2000 |
Reagan |
retirement |
48 |
Thomas, ClarenceClarence Thomas |
GA |
1948βpresent |
1990β1991 |
(none) |
(none) |
G.H.W. Bush |
elevation to Supreme Court |
54 |
Roberts, JohnJohn Roberts |
MD |
1955βpresent |
2003β2005 |
(none) |
(none) |
G.W. Bush |
elevation to Supreme Court |
Chiefs
Chief |
as Chief Justice |
Alvey |
1893β1905 |
Shepard |
1905β1917 |
Smyth |
1917β1924 |
Martin |
1924β1937 |
Groner |
1937β1948 |
Stephens |
1948β1948 |
as Chief Judge |
Stephens |
1948β1955 |
Edgerton |
1955β1958 |
Prettyman |
1958β1960 |
W. Miller |
1960β1962 |
Bazelon |
1962β1978 |
Wright |
1978β1981 |
McGowan |
1981β1981 |
Robinson |
1981β1986 |
Wald |
1986β1991 |
Mikva |
1991β1994 |
Edwards |
1994β2001 |
D. Ginsburg |
2001β2008 |
Sentelle |
2008βpresent |
|
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 Stat. 434 |
Alvey |
1893β1905 |
Shepard |
1905β1917 |
Smyth |
1917β1924 |
Martin |
1924β1937 |
Groner |
1937β1948 |
Stephens |
1948β1948 |
Seat redesignated on June 25, 1948 as Circuit Judge persuant to 62 Stat. 869, 62 Stat. 985, and 68 Stat. 1245 |
Stephens |
1948β1955 |
Burger |
1956β1969 |
Wilkey |
1970β1984 |
Williams |
1986β2001 |
Brown |
2005βpresent |
|
Seat 2 |
Established on February 9, 1893 as Associate Justice by 27 Stat. 434 |
Morris |
1893β1905 |
McComas |
1905β1907 |
Van Orsdel |
1907β1937 |
J. Miller |
1937β1945 |
Prettyman |
1945β1948 |
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |
Prettyman |
1948β1962 |
Wright |
1962β1986 |
D. Ginsburg |
1986β2011 |
(vacant) |
2011βpresent |
|
Seat 3 |
Established on February 9, 1893 as Associate Justice by 27 Stat. 434 |
Shepard |
1893β1905 |
Duell |
1905β1906 |
C. Robb |
1906β1937 |
Vinson |
1938β1943 |
W. Miller |
1945β1948 |
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |
W. Miller |
1948β1964 |
Leventhal |
1965β1979 |
R. B. Ginsburg |
1980β1993 |
Tatel |
1994βpresent |
|
Seat 4 |
Established on June 19, 1930 as Associate Justice by 46 Stat. 785 |
Hitz |
1931β1935 |
Stephens |
1935β1948 |
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |
Proctor |
1948β1953 |
Danaher |
1953β1969 |
R. Robb |
1969β1982 |
Scalia |
1982β1986 |
Sentelle |
1987βpresent |
|
Seat 5 |
Established on June 19, 1930 as Associate Justice by 46 Stat. 785 |
Groner |
1931β1937 |
Edgerton |
1937β1948 |
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |
Edgerton |
1948β1963 |
McGowan |
1963β1981 |
Bork |
1982β1988 |
Thomas |
1990β1991 |
Rogers |
1994βpresent |
|
Seat 6 |
Established on May 31, 1938 as Associate Justice by 52 Stat. 584 |
Rutledge |
1939β1943 |
Clark |
1945β1948 |
Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |
Clark |
1948β1954 |
Bastian |
1954β1965 |
Tamm |
1965β1985 |
Buckley |
1985β1996 |
Roberts |
2003β2005 |
(vacant) |
2005βpresent |
|
Seat 7 |
Established on August 3, 1949 by 63 Stat. 493 |
Bazelon |
1949β1979 |
Edwards |
1980β2005 |
Seat Eliminated on January 7, 2008 by Court Security Improvement Act of 2007 |
|
Seat 8 |
Established on August 3, 1949 by 63 Stat. 493 |
Fahy |
1949β1967 |
MacKinnon |
1969β1983 |
Starr |
1983β1989 |
Henderson |
1990βpresent |
|
Seat 9 |
Established on August 3, 1949 by 63 Stat. 493 |
Washington |
1949β1965 |
Robinson |
1966β1989 |
Randolph |
1990β2008 |
(vacant) |
2008βpresent |
|
Seat 10 |
Established on October 20, 1978 by 92 Stat. 1629 |
Wald |
1979β1999 |
Griffith |
2005βpresent |
|
Seat 11 |
Established on October 20, 1978 by 92 Stat. 1629 |
Mikva |
1979β1994 |
Garland |
1997βpresent |
|
Seat 12 |
Established on July 10, 1984 by 98 Stat. 333 |
Silberman |
1985β2000 |
Kavanaugh |
2006βpresent |
|
See also
Notes
- ^ Hearn, Ted (September 4, 2008). "Comcast Sues FCC Over Network Management Finding: Cabler Wants Agencyβs Decision on Its P2P Policies Reversed". Multichannel News. http://www.multichannel.com/article/134579-Comcast_Sues_FCC_Over_Network_Management_Finding.php.
- ^ 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.
- ^ a b c d e f g Recess appointment, confirmed by the Senate at a later date.
References
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