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United States Court of Appeals for the District of Columbia Circuit

Encyclopedia : U : UN : UNI : United States Court of Appeals for the District of Columbia Circuit

The United States Court of Appeals for the District of Columbia Circuit, 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.

While it has the smallest geographic jurisdiction of any of the United States courts of appeals, the D.C. Circuit, with twelve active seats, is nonetheless the most important inferior appellate court. The court is given the responsibility of directly reviewing the decisions and rulemaking of many federal agencies, 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 Procedures 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 current 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 1960's and 1970's. Prior to the 1980's, Chief Justices Fred M. Vinson and Warren Burger, as well as Associate Justice Wiley Blount Rutledge, served originally on the D.C. Circuit before their elevations to the Supreme Court.

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

Contents

Current composition of the court

As of Brett Kavanaugh's inauguration on June 1, 2006, the judges on the court are:

{| class=wikitable style="clear:both" |- valign=bottom ! rowspan=2 | # ! rowspan=2 | Title ! rowspan=2 | Judge ! rowspan=2 | Duty station ! rowspan=2 | Born ! colspan=3 | Term of service ! rowspan=2 | Appointed by |- valign=bottom ! Active ! Chief ! Senior |- | style="text-align:right;" | 46 | Chief Judge | Douglas H. Ginsburg | Washington, DC | 1946 | 1986–present | 2001–present | — | Reagan |- | style="text-align:right;" | 47 | Circuit Judge | David B. Sentelle | Washington, DC | 1943 | 1987–present | — | — | Reagan |- | style="text-align:right;" | 49 | Circuit Judge | Karen L. Henderson | Washington, DC | 1944 | 1990–present | — | — | G.H.W. Bush |- | style="text-align:right;" | 50 | Circuit Judge | Arthur Raymond Randolph | Washington, DC | 1943 | 1990–present | — | — | G.H.W. Bush |- | style="text-align:right;" | 51 | Circuit Judge | Judith Ann Wilson Rogers | Washington, DC | 1939 | 1994–present | — | — | Clinton |- | style="text-align:right;" | 52 | Circuit Judge | David S. Tatel | Washington, DC | 1942 | 1994–present | — | — | Clinton |- | style="text-align:right;" | 53 | Circuit Judge | Merrick B. Garland | Washington, DC | 1952 | 1997–present | — | — | Clinton |- | style="text-align:right;" | 55 | Circuit Judge | Janice Rogers Brown | Washington, DC | 1949 | 2005–present | — | — | G.W. Bush |- | style="text-align:right;" | 56 | Circuit Judge | Thomas B. Griffith | Washington, DC | 1954 | 2005–present | — | — | G.W. Bush |- | style="text-align:right;" | 57 | Circuit Judge | Brett M. Kavanaugh | Washington, DC | 1965 | 2006–present | — | — | G.W. Bush |- | style="text-align:right;" | — | Circuit Judge | (vacant - seat 6) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) |- | style="text-align:right;" | — | Circuit Judge | (vacant - seat 7) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) | (n/a) |- | style="text-align:right;" | 38 | Senior Circuit Judge | Harry T. Edwards | Washington, DC | 1940 | 1980–2005 | 1994–2001 | 2005–present | Carter |- | style="text-align:right;" | 43 | Senior Circuit Judge | Laurence H. Silberman | Washington, DC | 1935 | 1985–2000 | (none) | 2000–present | Reagan |- | style="text-align:right;" | 44 | Senior Circuit Judge | James L. Buckley | (inactive) | 1923 | 1985–1996 | (none) | 1996–present | Reagan |- | style="text-align:right;" | 45 | Senior Circuit Judge | Stephen F. Williams | Washington, DC | 1936 | 1986–2001 | (none) | 2001–present | Reagan

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Pending nominations

List of former judges

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(a) 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.

(b) Recess appointment, confirmed by the Senate at a later date.

Chiefs

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Chief |- | colspan="2" align=center style="background:#ffdead;" | as Chief Justice |- | Alvey | 1893–1905 |- | Shepard | 1905–1917 |- | Smyth | 1917–1924 |- | Martin | 1924–1937 |- | Groner | 1937–1948 |- | Stephens | 1948–1948 |- | colspan="2" align=center style="background:#ffdead;" | as Chief Judge |- | Stephens | 1948–1955 |- | Edgerton | 1955–1958 |- | Prettyman | 1958–1960 |- | W. Miller | 1960–1962 |- | Bazelon | 1962–1978 |- | Wright | 1978–1981 |- | McGowan | 1981–1981 |- | Robinson | 1981–1986 |- | Wald | 1986–1991 |- | Mikva | 1991–1994 |- | Edwards | 1994–2001 |- | D. Ginsburg | 2001–present
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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.

In order to qualify for the office of Chief Judge, 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 in the office of Chief Judge 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. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion. See 28 U.S.C. [§ 45].

The above rules have applied since October 1, 1982. The office of Chief Judge was created in 1948 and until August 6, 1959 was filled by 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. From then until 1982 it was filled by the senior such judge who had not turned 70.

Succession of seats

The court has twelve seats for active judges. 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.

{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 1 |- | colspan="2" align=center style="background:#ffdead;" | Established on February 9, 1893 as Chief Justice by 27 Stat. 434 |- | Alvey | 1893–1905 |- | Shepard | 1905–1917 |- | Smyth | 1917–1924 |- | Martin | 1924–1937 |- | Groner | 1937–1948 |- | Stephens | 1948–1948 |- | colspan="2" align=center style="background:#ffdead;" | Seat redesignated on June 25, 1948 as Circuit Judge persuant to 62 Stat. 869, 62 Stat. 985, and 68 Stat. 1245 |- | Stephens | 1948–1955 |- | Burger | 1956–1969 |- | Wilkey | 1970–1984 |- | Williams | 1986–2001 |- | Brown | 2005–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 2 |- | colspan="2" align=center style="background:#ffdead;" | Established on February 9, 1893 as Associate Justice by 27 Stat. 434 |- | Morris | 1893–1905 |- | McComas | 1905–1907 |- | Van Orsdel | 1907–1937 |- | J. Miller | 1937–1945 |- | Prettyman | 1945–1948 |- | colspan="2" align=center style="background:#ffdead;" | Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |- | Prettyman | 1948–1962 |- | Wright | 1962–1986 |- | D. Ginsburg | 1986–
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 3 |- | colspan="2" align=center style="background:#ffdead;" | Established on February 9, 1893 as Associate Justice by 27 Stat. 434 |- | Shepard | 1893–1905 |- | Duell | 1905–1906 |- | C. Robb | 1906–1937 |- | Vinson | 1938–1943 |- | W. Miller | 1945–1948 |- | colspan="2" align=center style="background:#ffdead;" | Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |- | W. Miller | 1948–1964 |- | Leventhal | 1965–1979 |- | R. Ginsburg | 1980–1993 |- | Tatel | 1994–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 4 |- | colspan="2" align=center style="background:#ffdead;" | Established on June 19, 1930 as Associate Justice by 46 Stat. 785 |- | Hitz | 1931–1935 |- | Stephens | 1935–1948 |- | colspan="2" align=center style="background:#ffdead;" | Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |- | Proctor | 1948–1953 |- | Danaher | 1953–1969 |- | R. Robb | 1969–1982 |- | Scalia | 1982–1986 |- | Sentelle | 1987–present
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{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 5 |- | colspan="2" align=center style="background:#ffdead;" | Established on June 19, 1930 as Associate Justice by 46 Stat. 785 |- | Groner | 1931–1937 |- | Edgerton | 1937–1948 |- | colspan="2" align=center style="background:#ffdead;" | Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |- | Edgerton | 1948–1963 |- | McGowan | 1963–1981 |- | Bork | 1982–1988 |- | Thomas | 1990–1991 |- | Rogers | 1994–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 6 |- | colspan="2" align=center style="background:#ffdead;" | Established on May 31, 1938 as Associate Justice by 52 Stat. 584 |- | Rutledge | 1939–1943 |- | Clark | 1945–1948 |- | colspan="2" align=center style="background:#ffdead;" | Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 |- | Clark | 1948–1954 |- | Bastian | 1954–1965 |- | Tamm | 1965–1985 |- | Buckley | 1985–1996 |- | Roberts | 2003–2005 |- | (vacant) | 2005–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 7 |- | colspan="2" align=center style="background:#ffdead;" | Established on August 3, 1949 by 63 Stat. 493 |- | Bazelon | 1949–1979 |- | Edwards | 1980–2005 |- | (vacant) | 2005–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 8 |- | colspan="2" align=center style="background:#ffdead;" | Established on August 3, 1949 by 63 Stat. 493 |- | Fahy | 1949–1967 |- | MacKinnon | 1969–1983 |- | Starr | 1983–1989 |- | Henderson | 1990–present
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{| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 9 |- | colspan="2" align=center style="background:#ffdead;" | Established on August 3, 1949 by 63 Stat. 493 |- | Washington | 1949–1965 |- | Robinson | 1966–1989 |- | Randolph | 1990–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 10 |- | colspan="2" align=center style="background:#ffdead;" | Established on October 20, 1978 by 92 Stat. 1629 |- | Wald | 1979–1999 |- | Griffith | 2005–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 11 |- | colspan="2" align=center style="background:#ffdead;" | Established on October 20, 1978 by 92 Stat. 1629 |- | Mikva | 1979–1994 |- | Garland | 1994–present
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 {| border=1 cellspacing=0 cellpadding=2 ! colspan="2" align=center style="background:#ffdead;" width="200" | Seat 12 |- | colspan="2" align=center style="background:#ffdead;" | Established on July 10, 1984 by 98 Stat. 333 |- | Silberman | 1985–2000 |- | Kavanaugh | 2006–present
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See also

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Notes

References

External links

 

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