|United States Court of Appeals for the District of Columbia Circuit|
|Location||E. Barrett Prettyman U.S. Courthouse|
|Established||February 9, 1893|
|Circuit Justice||John Roberts|
|Chief Judge||Merrick Garland|
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 U.S. Courts of Appeals, are heard on a discretionary basis by the Supreme Court. It should not be confused with the United States Court of Appeals for the Federal Circuit, which is limited in jurisdiction by subject matter rather than geography, or with the District of Columbia Court of Appeals, which is roughly equivalent to a state supreme court in the District of Columbia, and was established in 1970 to relieve the D.C. Circuit from having to take appeals from the local D.C. trial court.
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information.
An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate under varying rules.
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.
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. Because of this, the D.C. Circuit is often referred to as the second-most powerful court in the United States, second only to the Supreme Court.
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation or adjudicate any rights involving them. Territorial jurisdiction is to be distinguished from subject-matter jurisdiction, which is the power of a court to render a judgment concerning a certain subject matter, or personal jurisdiction, which is the power of a court to render a judgment concerning particular persons, wherever they may be. Personal jurisdiction, territorial jurisdiction, subject-matter jurisdiction, and proper notice to the defendant are prerequisites for a valid judgment.
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of the administrative units of government that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
Independent agencies of the United States federal government are agencies that exist outside the federal executive departments and the Executive Office of the President. In a more narrow sense, the term may also be used to describe agencies that, while constitutionally part of the executive branch, are independent of presidential control, usually because the president's power to dismiss the agency head or a member is limited.
A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court. As of October 2018 [update] , four of the nine justices on the Supreme Court are alumni of the D.C. Circuit: Chief Justice John Roberts and Associate Justices Clarence Thomas, Ruth Bader Ginsburg, and Brett Kavanaugh. Associate Justice Elena Kagan was nominated by President Bill Clinton to the same seat that Roberts would later fill, but was never given a vote in the Senate. In addition, Chief Justices Fred M. Vinson and Warren Burger, as well as Associate Justices Wiley Blount Rutledge and Antonin Scalia, served on the D.C. Circuit before their elevations to the Supreme Court. In 1987, President Ronald Reagan put forth two failed nominees from the D.C. Circuit: former Judge Robert Bork, who was rejected by the Senate, and former (2001–2008) 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. Likewise, in 2016 President Barack Obama nominated Merrick Garland from the D.C. Circuit to replace the late Scalia, but the Senate controversially did not give Garland a full vote.
The Chief Justice of the United States is the chief judge of the Supreme Court of the United States, and as such the highest-ranking judge of the federal judiciary. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the President of the United States to nominate, and with the advice and consent of the United States Senate, appoint a chief justice, who serves until they resign, are impeached and convicted, retire, or die.
Clarence Thomas is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States. He is currently the most senior associate justice on the Court following the retirement of Anthony Kennedy. Thomas succeeded Thurgood Marshall and is the second African American to serve on the Court. Among the current members of the Court he is the longest-serving justice, with a tenure of 10,071 days as of May 20, 2019.
Ruth Bader Ginsburg is an American lawyer and jurist who is an Associate Justice of the U.S. Supreme Court. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice of four to be confirmed to the court. Following O'Connor's retirement, and until Sotomayor joined the court, Ginsburg was the only female justice on the Supreme Court. During that time, Ginsburg became more forceful with her dissents, which were noted by legal observers and in popular culture. She is generally viewed as belonging to the liberal wing of the court. Ginsburg has authored notable majority opinions, including United States v. Virginia, Olmstead v. L.C., and Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Because the D.C. Circuit does not represent any state, confirmation of nominees can be procedurally and practically easier than for nominees to the Courts of Appeals for the other geographical districts, as home-state senators have historically been able to hold up confirmation through the "blue slip" process. However, in recent years, several nominees to the D.C. Circuit 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.
The Federal Communications Commission (FCC) is an independent agency of the United States government created by statute to regulate interstate communications by radio, television, wire, satellite, and cable. The FCC serves the public in the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security.
The United States Court of Appeals for the District of Columbia Circuit meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square in downtown Washington, D.C.
The E. Barrett Prettyman Federal Courthouse is a historic building in Washington, D.C. It was built in 1949–50 and currently houses the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Foreign Intelligence Surveillance Court.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington or D.C., is the capital of the United States. Founded after the American Revolution as the seat of government of the newly independent country, Washington was named after George Washington, the first President of the United States and a Founding Father. As the seat of the United States federal government and several international organizations, Washington is an important world political capital. The city is also one of the most visited cities in the world, with more than 20 million tourists annually.
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 assigned to the Ninth Circuit effective January 21, 2009).
An effective date or as of date is the date upon which something is considered to take effect, which may be a past, present or future date. This may be different from the date upon which the event occurs or is recorded.
Decisions of the U.S. Courts of Appeals are published in the Federal Reporter , an unofficial reporter from Thomson Reuters.
As of March 18,2019 [update] :
|#||Title||Judge||Duty station||Born||Term of service||Appointed by|
|53||Chief Judge||Merrick Garland||Washington, D.C.||1952||1997–present||2013–present||—||Clinton|
|49||Circuit Judge||Karen L. Henderson||Washington, D.C.||1944||1990–present||—||—||G.H.W. Bush|
|51||Circuit Judge||Judith W. Rogers||Washington, D.C.||1939||1994–present||—||—||Clinton|
|52||Circuit Judge||David S. Tatel||Washington, D.C.||1942||1994–present||—||—||Clinton|
|56||Circuit Judge||Thomas B. Griffith||Washington, D.C.||1954||2005–present||—||—||G.W. Bush|
|58||Circuit Judge||Sri Srinivasan||Washington, D.C.||1967||2013–present||—||—||Obama|
|59||Circuit Judge||Patricia Millett||Washington, D.C.||1963||2013–present||—||—||Obama|
|60||Circuit Judge||Cornelia Pillard||Washington, D.C.||1961||2013–present||—||—||Obama|
|61||Circuit Judge||Robert L. Wilkins||Washington, D.C.||1963||2014–present||—||—||Obama|
|62||Circuit Judge||Gregory G. Katsas||Washington, D.C.||1964||2017–present||—||—||Trump|
|63||Circuit Judge||Neomi Rao||Washington, D.C.||1973||2019–present||—||—||Trump|
|38||Senior Circuit Judge||Harry T. Edwards||Washington, D.C.||1940||1980–2005||1994–2001||2005–present||Carter|
|43||Senior Circuit Judge||Laurence Silberman||Washington, D.C.||1935||1985–2000||—||2000–present||Reagan|
|44||Senior Circuit Judge||James L. Buckley||inactive||1923||1985–1996||—||1996–present||Reagan|
|45||Senior Circuit Judge||Stephen F. Williams||Washington, D.C.||1936||1986–2001||—||2001–present||Reagan|
|46||Senior Circuit Judge||Douglas H. Ginsburg||Washington, D.C.||1946||1986–2011||2001–2008||2011–present||Reagan|
|47||Senior Circuit Judge||David B. Sentelle||Washington, D.C.||1943||1987–2013||2008–2013||2013–present||Reagan|
|50||Senior Circuit Judge||A. Raymond Randolph||Washington, D.C.||1943||1990–2008||—||2008–present||G.H.W. Bush|
|#||Judge||State||Born–died||Active service||Chief Judge||Senior status||Appointed by||Reason for|
|1||Richard Henry Alvey||MD||1826–1906||1893–1905||1893–1905||—||Cleveland||retirement|
|2||Martin Ferdinand Morris||DC||1834–1909||1893–1905||—||—||Cleveland||retirement|
|3||Seth Shepard||TX||1847–1917||1893–1917||1905–1917||—|| Cleveland (associate);|
T. Roosevelt (chief)
|4||Charles Holland Duell||NY||1850–1920||1905–1906||—||—||T. Roosevelt||resignation|
|5||Louis E. McComas||MD||1846–1907||1905–1907||—||—||T. Roosevelt||death|
|6||Charles Henry Robb||VT||1867–1939||1906 –1937||—||1937–1939||T. Roosevelt||death|
|7||Josiah Alexander Van Orsdel||WY||1860–1937||1907 –1937||—||—||T. Roosevelt||death|
|8||Constantine Joseph Smyth||NE||1859–1924||1917–1924||1917–1924||—||Wilson||death|
|9||George Ewing Martin||OH||1857–1948||1924–1937||1924–1937||1937–1948||Coolidge||death|
|11||Duncan Lawrence Groner||VA||1873–1957||1931–1948||1937–1948||1948–1957|| Hoover (associate);|
F. Roosevelt (chief)
|12||Harold Montelle Stephens||UT||1886–1955||1935–1955||1948–1955||—|| F. Roosevelt (associate);|
|13||Justin Miller||CA||1888–1973||1937–1945||—||—||F. Roosevelt||resignation|
|14||Henry White Edgerton||DC||1888–1970||1937–1963||1955–1958||1963–1970||F. Roosevelt||death|
|15||Fred M. Vinson||KY||1890–1953||1938–1943||—||—||F. Roosevelt||resignation|
|16||Wiley Blount Rutledge||KY||1894–1949||1939–1943||—||—||F. Roosevelt||elevation to Supreme Court|
|17||Thurman Arnold||WY||1891–1969||1943–1945||—||—||F. Roosevelt||resignation|
|18||Bennett Champ Clark||MO||1890–1954||1945–1954||—||—||Truman||death|
|19||E. Barrett Prettyman||DC||1891–1971||1945–1962||1958–1960||1962–1971||Truman||death|
|20||Wilbur Kingsbury Miller||KY||1892–1976||1945–1964||1960–1962||1964–1976||Truman||death|
|21||James McPherson Proctor||DC||1882–1953||1948–1953||—||—||Truman||death|
|22||David L. Bazelon||IL||1909–1993||1949 –1979||1962–1978||1979–1993||Truman||death|
|23||Charles Fahy||GA||1892–1979||1949 –1967||—||1967–1979||Truman||death|
|24||George Thomas Washington||OH||1908–1971||1949 –1965||—||1965–1971||Truman||death|
|25||John A. Danaher||CT||1899–1990||1953 –1969||—||1969–1990||Eisenhower||death|
|26||Walter Maximillian Bastian||DC||1891–1975||1954 –1965||—||1965–1975||Eisenhower||death|
|27||Warren E. Burger||MN||1907–1995||1956–1969||—||—||Eisenhower||elevation to Supreme Court|
|28||James Skelly Wright||LA||1911–1988||1962–1986||1978–1981||1986–1988||Kennedy||death|
|29||Carl E. McGowan||IL||1911–1987||1963–1981||1981–1981||1981–1987||Kennedy||death|
|30||Edward Allen Tamm||DC||1906–1985||1965–1985||—||—||L. Johnson||death|
|31||Harold Leventhal||DC||1915–1979||1965–1979||—||—||L. Johnson||death|
|32||Spottswood William Robinson III||VA||1916–1998||1966–1989||1981–1986||1989–1998||L. Johnson||death|
|35||Malcolm Richard Wilkey||TX||1918–2009||1970–1984||—||1984–1985||Nixon||retirement|
|39||Ruth Bader Ginsburg||NY||1933–present||1980–1993||—||—||Carter||elevation to Supreme Court|
|41||Antonin Scalia||IL||1936–2016||1982–1986||—||—||Reagan||elevation to Supreme Court|
|48||Clarence Thomas||GA||1948–present||1990–1991||—||—||G.H.W. Bush||elevation to Supreme Court|
|54||John Roberts||MD||1955–present||2003–2005||—||—||G.W. Bush||elevation to Supreme Court|
|55||Janice Rogers Brown||CA||1949–present||2005–2017||—||—||G.W. Bush||retirement|
|57||Brett Kavanaugh||MD||1965–present||2006–2018||—||—||G.W. Bush||elevation to Supreme Court|
|as Chief Justice|
|as Chief Judge|
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 (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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
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.
The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.
The United States Court of Appeals for the Ninth Circuit is a court of appeal that has appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Eighth Circuit is a United States federal court with appellate jurisdiction over the following United States district courts:
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:
The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
Douglas Howard Ginsburg is an American jurist and academic who serves as a judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed to that court at age 40 in October 1986 by President Ronald Reagan, and served as its chief judge from July 2001 until February 2008. Ginsburg was nominated by Reagan to fill a U.S. Supreme Court vacancy after the retirement of Lewis F. Powell in October 1987, but soon withdrew from consideration after his earlier marijuana use created controversy.
In the United States, the title of federal judge means a judge appointed by the President of the United States and confirmed by the United States Senate pursuant to the Appointments Clause in Article II of the United States Constitution.
The United States Court of Appeals for the Federal Circuit is a United States court of appeals headquartered in Washington, D.C. The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The Federal Circuit is particularly known for its decisions on patent law, as it is the only appellate-level court with the jurisdiction to hear patent case appeals.
The Judiciary Act of 1869, sometimes called the Circuit Judges Act of 1869, a United States statute, provided that the Supreme Court of the United States would consist of the Chief Justice of the United States and eight associate justices, established separate judgeships for the U.S. circuit courts, and for the first time included a provision allowing federal judges to retire without losing their salary. This is the most recent legislation altering the size of the Supreme Court.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Supreme Court of the United States shall hereafter consist of the Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum; and for the purposes of this act there shall be appointed an additional associate justice of said court.
Michael Boudin is a Senior United States Circuit Judge and former Chief Judge of the United States Court of Appeals for the First Circuit and a former United States District Judge of the United States District Court for the District of Columbia.
During George H.W. Bush's term in office as the President of the United States of America, he nominated 11 individuals for 10 different federal appellate judgeships who were not processed by the Democratic-controlled Senate Judiciary Committee. The Republicans claim that Senate Democrats of the 102nd Congress on purpose tried to keep open particular judgeships as a political maneuver to allow a future Democratic president to fill them. All 10 of the judgeships were eventually filled with Clinton nominees, although one nominee, Roger Gregory, was nominated by Clinton and then renominated by President George W. Bush. None of the nominees were nominated after July 1, 1992, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Senator Orrin Hatch, the Republican leader of the Senate Judiciary Committee during the 106th Congress mentioned the controversy over President George H.W. Bush's court of appeals nominees during the following controversy involving the confirmation of any more Democratic court of appeals nominees during the last two years of President Bill Clinton's second term.
During President Ronald Reagan's presidency, he nominated at least twelve people for various federal appellate judgeship who were not confirmed. In some cases, the nominations were not processed by the Democratic-controlled Senate Judiciary Committee before Reagan's presidency ended, while in other cases, nominees were rejected by the Senate Judiciary Committee or even blocked by unfriendly members of the Republican Party. Three of the nominees were renominated by Reagan's successor, President George H. W. Bush. Two of the nominees, Ferdinand Francis Fernandez and Guy G. Hurlbutt, were nominated after July 1, 1988, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Eight of the twelve seats eventually were filled by appointees of President George H. W. Bush.
During President Lyndon B. Johnson's presidency, federal judicial appointments played a central role. Johnson appointed two individuals to the Supreme Court of the United States in just over five years as president.
Harold Leventhal was a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.
Padmanabhan Srikanth "Sri" Srinivasan is a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit. The United States Senate confirmed Srinivasan by a vote of 97–0 on May 23, 2013. Before his confirmation, Srinivasan served as Principal Deputy Solicitor General of the United States and has argued 25 cases before the United States Supreme Court. He has also lectured at Harvard Law School.
Eric David Miller is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.
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