United States Court of Appeals for the Ninth Circuit

Last updated

United States Court of Appeals for the Ninth Circuit
(9th Cir.)
Ninth Circuit Seal color high 092223.png
9th Circuit map.svg
Location James R. Browning U.S. Court of Appeals Building
(San Francisco, California)
More locations
Appeals from
EstablishedMarch 3, 1891
Judges29
Circuit Justice Elena Kagan
Chief Judge Mary H. Murguia
www.ca9.uscourts.gov

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts:

Contents

The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases. [1]

Headquartered in San Francisco, California, the Ninth Circuit is by far the largest of the 13 U.S. Courts of Appeals, covering a total of nine states and two territories and with 29 active judgeships. The court's regular meeting places are Seattle at the William Kenzo Nakamura United States Courthouse, Portland at the Pioneer Courthouse, San Francisco at the James R. Browning U.S. Court of Appeals Building, and Pasadena at the Richard H. Chambers U.S. Court of Appeals.

Panels of the court occasionally travel to hear cases in other locations within the circuit. Although the judges travel around the circuit, the court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from southern California and Arizona are heard in Pasadena, and cases from northern California, Nevada, Hawaii, and the Pacific territories are heard in San Francisco. Additionally, the court holds yearly sittings in Anchorage and Honolulu. For lawyers who must come and present their cases to the court in person, this administrative grouping of cases helps to reduce the time and cost of travel. Ninth Circuit judges are also appointed by the United States Secretary of the Interior to serve as temporary acting Associate Justices for non-federal appellate sessions at the High Court of American Samoa in Fagatogo. [1]

History

Ninth Circuit Court House in 1905 Ninth Circuit 1905.jpg
Ninth Circuit Court House in 1905
YearJurisdictionTotal populationPop. as % of nat'l pop.Number of active judgeships
1891 California, Idaho, Montana, Nevada, Oregon, Washington 2,087,0003.3%2
1900 Territory of Hawaii added2,798,0003.7%3
1912 Arizona added7,415,000 [lower-alpha 1] 6.7%3
194011,881,000 [lower-alpha 1] 9.0%7
1960 Alaska and Guam added22,607,00012.6%9
1980 Northern Mariana Islands added37,170,00016.4%23
200054,575,00019.3%28
200760,400,00019.9%28
200961,403,30719.72%29
201061,742,85819.99%29
202066,848,86920.17%29

The Ninth Circuit's large size is due to the dramatic increases in both the population of the western states and the court's geographic jurisdiction that have occurred since the U.S. Congress created the Ninth Circuit in 1891. [2] The court was originally granted appellate jurisdiction over federal district courts in California, Idaho, Montana, Nevada, Oregon, and Washington. As new states and territories were added to the federal judicial hierarchy in the twentieth century, many of those in the West were placed in the Ninth Circuit: the newly acquired Territory of Hawaii in 1900, Arizona upon its admission to the Union in 1912, the Territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands in 1977.

The Ninth Circuit also had jurisdiction over certain American interests in China, in that it had jurisdiction over appeals from the United States Court for China during the existence of that court from 1906 through 1943. [3] [lower-alpha 1]

However, the Philippines was never under the Ninth Circuit's jurisdiction. Congress never created a federal district court in the Philippines from which the Ninth Circuit could hear appeals. [4] Instead, appeals from the Supreme Court of the Philippines were taken directly to the Supreme Court of the United States. [5]

In 1979, the Ninth Circuit became the first federal judicial circuit to set up a Bankruptcy Appellate Panel as authorized by the Bankruptcy Reform Act of 1978.

The Richard H. Chambers U.S. Court of Appeals, Pasadena, California Court of Appeals.jpg
The Richard H. Chambers U.S. Court of Appeals, Pasadena, California

The cultural and political jurisdiction of the Ninth Circuit is just as varied as the land within its geographical borders. In a dissenting opinion in a rights of publicity case involving the Wheel of Fortune star Vanna White, Circuit Judge Alex Kozinski sardonically noted that "[f]or better or worse, we are the Court of Appeals for the Hollywood Circuit." [6] Judges from more remote parts of the circuit note the contrast between legal issues confronted by populous states such as California and those confronted by rural states such as Alaska, Idaho, Montana, and Nevada.

Judge Andrew J. Kleinfeld, who maintains his judicial chambers in Fairbanks, Alaska, wrote in a letter in 1998: "Much federal law is not national in scope....It is easy to make a mistake construing these laws when unfamiliar with them, as we often are, or not interpreting them regularly, as we never do." [7]

Criticism

Rate of overturned decisions

From 1999 to 2008, of the Ninth Circuit Court rulings that were reviewed by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for the same period. [8] From 2010 to 2015, of the cases it accepted to review, the Supreme Court reversed around 79% of the cases from the Ninth Circuit, ranking its reversal rate third among the circuits; the median reversal rate for all federal circuits for the same time period was around 70 percent. [9]

Some argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits. This results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases. [10] [11]

However, a detailed study in 2018 reported by Brian T. Fitzpatrick, a law professor at Vanderbilt University, looked at how often a federal circuit court was reversed for every thousand cases it terminated on the merits between 1994 and 2015. [12] The study found that the Ninth Circuit's decisions were reversed at a rate of 2.50 cases per thousand, which was by far the highest rate in the country, with the Sixth Circuit second as 1.73 cases per thousand. [13] [12] Fitzpatrick also noted that the 9th Circuit was unanimously reversed more than three times as often as the least reversed circuits and over 20% more often than the next closest circuit. [12]

Size of the court

Mary M. Schroeder, when appointed (Nov. 2000) Chief Judge of the Ninth Circuit, with her predecessor, Procter Ralph Hug Jr. Mary M. Schroeder.jpg
Mary M. Schroeder, when appointed (Nov. 2000) Chief Judge of the Ninth Circuit, with her predecessor, Procter Ralph Hug Jr.

Many commentators have argued that the Ninth Circuit faces several adverse consequences of its large size, [14] such as "unwieldly size, procedural inefficiencies, jurisprudential unpredictability, and unusual en banc process." [15]

Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court. In other circuits, en banc courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for 29 or more judges to take part in a single oral argument and deliberate on a decision en masse. The court thus provides for a limited en banc review by the Chief Judge and a panel of 10 randomly selected judges. [16] This means that en banc reviews may not actually reflect the views of the majority of the court and indeed may not include any of the three judges involved in the decision being reviewed in the first place. The result, according to detractors, is a high risk of intracircuit conflicts of law where different groupings of judges end up delivering contradictory opinions. That is said to cause uncertainty in the district courts and within the bar. However, en banc review is a relatively rare occurrence in all circuits and Ninth Circuit rules provide for full en banc review in limited circumstances. [17]

All recently proposed splits would leave at least one circuit with 21 judges, only two fewer than the 23 that the Ninth Circuit had when the limited en banc procedure was first adopted. In other words, after a split at least one of the circuits would still be using limited en banc courts. [18]

In March 2007, Associate Justices Anthony Kennedy and Clarence Thomas testified before a House Appropriations subcommittee that the consensus among the justices of the Supreme Court of the United States was that the Ninth Circuit was too large and unwieldy and should be split. [19]

Congressional officials, legislative commissions, and interest groups have all submitted proposals to divide the Ninth Circuit such as:

The more recent proposals have aimed to redefine the Ninth Circuit to cover California, Hawaii, Guam, and the Northern Mariana Islands, and to create a new Twelfth Circuit to cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.

Current composition of the court

As of November 15,2023:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
94Chief Judge Mary H. Murguia Phoenix, AZ 19602011–present2021–present— Obama
79Circuit Judge Kim McLane Wardlaw Pasadena, CA 19541998–present—— Clinton
82Circuit Judge Ronald M. Gould Seattle, WA 19461999–present—— Clinton
86Circuit Judge Johnnie B. Rawlinson Las Vegas, NV 19522000–present—— Clinton
89Circuit Judge Consuelo Callahan Sacramento, CA 19502003–present—— G.W. Bush
91Circuit Judge Milan Smith El Segundo, CA 19422006–present—— G.W. Bush
92Circuit Judge Sandra Segal Ikuta Pasadena, CA 19542006–present—— G.W. Bush
95Circuit Judge Morgan Christen Anchorage, AK 19612012–present—— Obama
96Circuit Judge Jacqueline Nguyen Pasadena, CA 19652012–present—— Obama
99Circuit Judge John B. Owens San Diego, CA 19712014–present—— Obama
100Circuit Judge Michelle Friedland San Jose, CA 19722014–present—— Obama
101Circuit Judge Mark J. Bennett Honolulu, HI 19532018–present—— Trump
102Circuit Judge Ryan D. Nelson Idaho Falls, ID 19732018–present—— Trump
103Circuit Judge Eric D. Miller Seattle, WA 19752019–present—— Trump
104Circuit Judge Bridget S. Bade Phoenix, AZ 19652019–present—— Trump
105Circuit Judge Daniel P. Collins Pasadena, CA 19632019–present—— Trump
106Circuit Judge Kenneth K. Lee San Diego, CA 19752019–present—— Trump
107Circuit Judge Daniel Bress San Francisco, CA 19792019–present—— Trump
108Circuit Judge Danielle J. Forrest Portland, OR 19772019–present—— Trump
109Circuit Judge Patrick J. Bumatay San Diego, CA 19782019–present—— Trump
110Circuit Judge Lawrence VanDyke Reno, NV 19722020–present—— Trump
111Circuit Judge Lucy Koh San Francisco, CA 19682021–present—— Biden
112Circuit Judge Jennifer Sung Portland, OR 19722021–present—— Biden
113Circuit Judge Gabriel P. Sanchez San Francisco, CA 19762022–present—— Biden
114Circuit Judge Holly A. Thomas Pasadena, CA 19792022–present—— Biden
115Circuit Judge Salvador Mendoza Jr. Richland, WA 19712022–present—— Biden
116Circuit Judge Roopali Desai Phoenix, AZ 19782022–present—— Biden
117Circuit Judge Anthony Johnstone Missoula, MT 19732023–present—— Biden
118Circuit Judge Ana de Alba Fresno, CA 19792023–present—— Biden
40Senior Circuit Judge J. Clifford Wallace San Diego, CA 19281972–19961991–19961996–present Nixon
47Senior Circuit Judge Mary M. Schroeder Phoenix, AZ 19401979–20112000–20072011–present Carter
54Senior Circuit Judge Dorothy Wright Nelson Pasadena, CA 19281979–1995—1995–present Carter
55Senior Circuit Judge William Canby Phoenix, AZ 19311980–1996—1996–present Carter
66Senior Circuit Judge Diarmuid O'Scannlain Portland, OR 19371986–2016—2016–present Reagan
68Senior Circuit Judge Stephen S. Trott inactive19391988–2004—2004–present Reagan
69Senior Circuit Judge Ferdinand Fernandez Pasadena, CA 19371989–2002—2002–present G.H.W. Bush
72Senior Circuit Judge Andrew Kleinfeld Fairbanks, AK 19451991–2010—2010–present G.H.W. Bush
73Senior Circuit Judge Michael Daly Hawkins Phoenix, AZ 19451994–2010—2010–present Clinton
74Senior Circuit Judge A. Wallace Tashima Pasadena, CA 19341996–2004—2004–present Clinton
75Senior Circuit Judge Sidney R. Thomas Billings, MT 19531996–20232014–20212023–present Clinton
76Senior Circuit Judge Barry G. Silverman Phoenix, AZ 19511998–2016—2016–present Clinton
77Senior Circuit Judge Susan P. Graber Portland, OR 19491998–2021—2021–present Clinton
78Senior Circuit Judge M. Margaret McKeown San Diego, CA 19511998–2022—2022–present Clinton
80Senior Circuit Judge William A. Fletcher San Francisco, CA 19451998–2022—2022–present Clinton
83Senior Circuit Judge Richard Paez Pasadena, CA 19472000–2021—2021–present Clinton
84Senior Circuit Judge Marsha Berzon San Francisco, CA 19452000–2022—2022–present Clinton
85Senior Circuit Judge Richard C. Tallman Coeur d'Alene, ID 19532000–2018—2018–present Clinton
87Senior Circuit Judge Richard Clifton Honolulu, HI 19502002–2016—2016–present G.W. Bush
88Senior Circuit Judge Jay Bybee Las Vegas, NV 19532003–2019—2019–present G.W. Bush
90Senior Circuit Judge Carlos Bea San Francisco, CA 19342003–2019—2019–present G.W. Bush
93Senior Circuit Judge N. Randy Smith Pocatello, ID 19492007–2018—2018–present G.W. Bush
98Senior Circuit Judge Andrew D. Hurwitz Phoenix, AZ 19472012–2022—2022–present Obama

List of former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 Lorenzo Sawyer CA 1820–18911891—— Grant / Operation of law [lower-alpha 2] death
2 Joseph McKenna CA 1843–19261892–1897—— B. Harrison resignation
3 William Ball Gilbert OR 1847–19311892–1931—— B. Harrison death
4 Erskine Mayo Ross CA 1845–19281895–1925—1925–1928 Cleveland death
5 William W. Morrow CA 1843–19291897–1923—1923–1929 McKinley resignation
6 William Henry Hunt MT 1857–19491911–1928—1928 [lower-alpha 3] resignation
7 Frank H. Rudkin WA 1864–19311923–1931—— Harding death
8 Wallace McCamant OR 1867–19441925 [lower-alpha 4] –1926—— Coolidge not confirmed
9 Frank Sigel Dietrich ID 1863–19301927–1930—— Coolidge death
10 Curtis D. Wilbur CA 1867–19541929–1945—1945–1954 Hoover [lower-alpha 5] death
11 William Henry Sawtelle AZ 1868–19341931–1934—— Hoover death
12 Francis Arthur Garrecht WA 1870–19481933–1948—— F. Roosevelt death
13 William Denman CA 1872–19591935–19571948–19571957–1959 F. Roosevelt death
14 Clifton Mathews AZ 1880–19621935–1953—1953–1962 F. Roosevelt death
15 Bert E. Haney OR 1879–19431935–1943—— F. Roosevelt death
16 Albert Lee Stephens Sr. CA 1874–19651937–19611957–19591961–1965 F. Roosevelt death
17 William Healy ID 1881–19621937–1958—1958–1962 F. Roosevelt death
18 Homer Bone WA 1883–19701944–1956—1956–1970 F. Roosevelt death
19 William Edwin Orr NV 1881–19651945–1956—1956–1965 Truman death
20 Walter Lyndon Pope MT 1889–19691949–196119591961–1969 Truman death
21 Dal Millington Lemmon CA 1887–19581954–1958—— Eisenhower death
22 Richard Harvey Chambers AZ 1906–19941954–19761959–19761976–1994 Eisenhower death
23 James Alger Fee OR 1888–19591954–1959—— Eisenhower death
24 Stanley Barnes CA 1900–19901956–1970—1970–1990 Eisenhower death
25 Frederick George Hamley WA 1903–19751956–1971—1971–1975 Eisenhower death
26 Oliver Deveta Hamlin Jr. CA 1892–19731958–1963—1963–1973 Eisenhower death
27 Gilbert H. Jertberg CA 1897–19731958–1967—1967–1973 Eisenhower death
28 Charles Merton Merrill NV 1907–19961959–1974—1974–1996 Eisenhower death
29 Montgomery Oliver Koelsch ID 1912–19921959–1976—1976–1992 Eisenhower death
30 James R. Browning CA 1918–20121961–20001976–19882000–2012 Kennedy death
31 Benjamin C. Duniway CA 1907–19861961–1976—1976–1986 Kennedy death
32 Walter Raleigh Ely Jr. CA 1913–19841964–1979—1979–1984 L. Johnson death
33 James Marshall Carter CA 1904–19791967–1971—1971–1979 L. Johnson death
34 Shirley Hufstedler CA 1925–20161968–1979—— L. Johnson resignation
35 Eugene Allen Wright WA 1913–20021969–1983—1983–2002 Nixon death
36 John Kilkenny OR 1901–19951969–1971—1971–1995 Nixon death
37 Ozell Miller Trask AZ 1909–19841969–1979—1979–1984 Nixon death
38 Herbert Choy HI 1916–20041971–1984—1984–2004 Nixon death
39 Alfred Goodwin CA 1923–20221971–19911988–19911991–2022 Nixon death
41 Joseph Tyree Sneed III CA 1920–20081973–1987—1987–2008 Nixon death
42 Anthony Kennedy CA 1936–present1975–1988—— Ford elevation to Supreme Court
43 J. Blaine Anderson ID 1922–19881976–1988—— Ford death
44 Procter Ralph Hug Jr. NV 1931–20191977–20021996–20002002–2017 Carter retirement
45 Thomas Tang AZ 1922–19951977–1993—1993–1995 Carter death
46 Betty Binns Fletcher WA 1923–20121979–1998—1998–2012 Carter death
48 Otto Richard Skopil Jr. OR 1919–20121979–1986—1986–2012 Carter death
49 Jerome Farris WA 1930–20201979–1995—1995–2020 Carter death
50 Arthur Alarcón CA 1925–20151979–1992—1992–2015 Carter death
51 Harry Pregerson CA 1923–20171979–2015—2015–2017 Carter death
52 Warren J. Ferguson CA 1920–20081979–1986—1986–2008 Carter death
53 Cecil F. Poole CA 1914–19971979–1996—1996–1997 Carter death
56 Robert Boochever AK 1917–20111980–1986—1986–2011 Carter death
57 William Albert Norris CA 1927–20171980–1994—1994–1997 Carter retirement
58 Stephen Reinhardt CA 1931–20181980–2018—— Carter death
59 Robert R. Beezer WA 1928–20121984–1996—1996–2012 Reagan death
60 Cynthia Holcomb Hall CA 1929–20111984–1997—1997–2011 Reagan death
61 Charles E. Wiggins CA 1927–20001984–1996—1996–2000 Reagan death
62 Melvin T. Brunetti NV 1933–20091985–1999—1999–2009 Reagan death
63 Alex Kozinski CA 1950–present1985–20172007–2014— Reagan retirement
64 John T. Noonan Jr. CA 1926–20171985–1996—1996–2017 Reagan death
65 David R. Thompson CA 1930–20111985–1998—1998–2011 Reagan death
67 Edward Leavy OR 1929–20231987–1997—1997–2023 Reagan death
70 Pamela Ann Rymer CA 1941–20111989–2011—— G.H.W. Bush death
71 Thomas G. Nelson ID 1936–20111990–2003—2003–2011 G.H.W. Bush death
81 Raymond C. Fisher CA 1939–20201999–2013—2013–2020 Clinton death
97 Paul J. Watford CA 1967–present2012–2023—— Obama resignation

Chief judges

Chief Judge
Denman 1948–1957
Stephens, Sr. 1957–1959
Pope 1959
Chambers 1959–1976
Browning 1976–1988
Goodwin 1988–1991
Wallace 1991–1996
Hug, Jr. 1996–2000
Schroeder 2000–2007
Kozinski 2007–2014
S.R. Thomas 2014–2021
Murguia 2021–present

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. [27]

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. [28]

Succession of seats

The court has 29 seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

Seat 1
Established on December 10, 1869, by the Judiciary Act of 1869 as a circuit judgeship for the Ninth Circuit
Reassigned to the United States Circuit Court of Appeals for the Ninth Circuit by the Judiciary Act of 1891
Sawyer CA1891
McKenna CA1892–1897
Morrow CA1897–1923
Rudkin WA1923–1931
Garrecht WA1933–1948
Pope MT1949–1961
Browning MT1961–2000
Ikuta CA2006–present
Seat 2
Established on June 16, 1891, by the Judiciary Act of 1891
Gilbert OR1892–1931
Denman CA1935–1957
Hamlin Jr. CA1958–1963
Ely Jr. CA1964–1979
Norris CA1980–1994
W. Fletcher CA1998–2022
H.A. Thomas CA2022–present
Seat 3
Established on February 18, 1895, by 28 Stat. 665
Ross CA1895–1925
McCamant OR1925–1926
Dietrich ID1927–1930
Sawtelle AZ1931–1934
Mathews AZ1935–1953
Fee OR1954–1959
Koelsch ID1959–1976
Anderson ID1976–1988
T. Nelson ID1990–2003
N.R. Smith ID2007–2018
R. Nelson ID2018–present
Seat 4
Established as a temporary judgeship on March 1, 1929, by 45 Stat. 1414
Made permanent on June 16, 1933, by 48 Stat. 310
Wilbur CA1929–1945
Orr NV1945–1956
Barnes CA1956–1970
Choy HI1971–1984
Brunetti NV1985–1999
Rawlinson NV2000–present
Seat 5
Established on August 2, 1935, by 49 Stat. 508
Haney OR1935–1943
Bone WA1944–1956
Hamley WA1956–1971
Sneed III CA1973–1987
Trott CA/ID1988–2004
Owens CA2014–present
Seat 6
Established on April 14, 1937, by 50 Stat. 64
Stephens Sr. CA1937–1961
Duniway CA1961–1976
Hug Jr. NV1977–2002
Bybee NV2003–2019
VanDyke NV2020–present
Seat 7
Established on April 14, 1937, by 50 Stat. 64
Healy ID1937–1958
Merrill NV1959–1974
Kennedy CA1975–1988
Rymer CA1989–2011
Watford CA2012–2023
de Alba CA2023–present
Seat 8
Established on February 10, 1954, by 68 Stat. 871
Lemmon CA1954–1958
Jertberg CA1958–1967
Carter CA1967–1971
Wallace CA1972–1996
Wardlaw CA1998–present
Seat 9
Established on February 10, 1954, by 68 Stat. 871
Chambers AZ1954–1976
Tang AZ1977–1993
Hawkins AZ1994–2010
Murguia AZ2011–present
Seat 10
Established on June 18, 1968, by 82 Stat. 184
Hufstedler CA1968–1979
Boochever AK1980–1986
O'Scannlain OR1986–2016
Forrest OR2019–present
Seat 11
Established on June 18, 1968, by 82 Stat. 184
Wright WA1969–1983
Beezer WA1984–1996
Gould WA1999–present
Seat 12
Established on June 18, 1968, by 82 Stat. 184
Kilkenny OR1969–1971
Goodwin OR1971–1991
Kleinfeld AK1991–2010
Christen AK2011–present
Seat 13
Established on June 18, 1968, by 82 Stat. 184
Trask AZ1969–1979
Canby AZ1980–1996
Silverman AZ1998–2016
Bade AZ2019–present
Seat 14
Established on October 20, 1978, by 92 Stat. 1629
Schroeder AZ1979–2011
Hurwitz AZ2012–2022
Desai AZ2022–present
Seat 15
Established on October 20, 1978, by 92 Stat. 1629
Skopil Jr. OR1979–1986
Leavy OR1987–1997
Graber OR1998–2021
Sung OR2021–present
Seat 16
Established on October 20, 1978, by 92 Stat. 1629
B. Fletcher WA1979–1998
Tallman WA2000–2018
Miller WA2019–present
Seat 17
Established on October 20, 1978, by 92 Stat. 1629
Farris WA1979–1995
McKeown WA/CA1998–2022
Mendoza Jr. WA2022–present
Seat 18
Established on October 20, 1978, by 92 Stat. 1629
Alarcón CA1979–1992
Tashima CA1996–2004
M.D. Smith CA2006–present
Seat 19
Established on October 20, 1978, by 92 Stat. 1629
Pregerson CA1979–2015
Collins CA2019–present
Seat 20
Established on October 20, 1978, by 92 Stat. 1629
Ferguson CA1979–1986
Fernandez CA1989–2002
Callahan CA2003–present
Seat 21
Established on October 20, 1978, by 92 Stat. 1629
Poole CA1979–1996
Paez CA2000–2021
Koh CA2021–present
Seat 22
Established on October 20, 1978, by 92 Stat. 1629
D. Nelson CA1979–1995
S.R. Thomas MT1996–2023
Johnstone MT2023–present
Seat 23
Established on October 20, 1978, by 92 Stat. 1629
Reinhardt CA1980–2018
Lee CA2019–present
Seat 24
Established on July 10, 1984, by 98 Stat. 333
Wiggins CA1984–1996
Bea CA2003–2019
Bumatay CA2019–present
Seat 25
Established on July 10, 1984, by 98 Stat. 333
Hall CA1984–1997
Clifton HI2002–2016
Bennett HI2018–present
Seat 26
Established on July 10, 1984, by 98 Stat. 333
Kozinski CA1985–2017
Bress CA2019–present
Seat 27
Established on July 10, 1984, by 98 Stat. 333
Thompson CA1985–1998
Fisher CA1999–2013
Friedland CA2014–present
Seat 28
Established on July 10, 1984, by 98 Stat. 333
Noonan Jr. CA1985–1996
Berzon CA2000–2022
Sanchez CA2022–present
Seat 29
Established on January 21, 2009, by 121 Stat. 2543 [29]
Nguyen CA2012–present

See also

Notes

  1. 1 2 3 The population of China is not included in the chart for 1912 or 1940, since the Court for China lacked plenary jurisdiction over China's domestic population, then numbering about 430 million people; the court exercised only extraterritorial jurisdiction over the relatively small number of American citizens in China.
  2. ↑ Sawyer was appointed as a circuit judge for the Ninth Circuit in 1869 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Ninth Circuit.
  3. ↑ Hunt did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1911 by William Howard Taft. Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help. Hunt was assigned to the Ninth Circuit upon his commission.
  4. ↑ Recess appointment not confirmed
  5. ↑ President Coolidge first nominated Wilbur for the judgeship in the final days of his presidency, but the Senate failed to act on it before the 70tb Congress ended on March 3, 1929. [25] [26] Hoover then resubmitted the nomination to the Senate in the 71st Congress, which approved it.

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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:

<span class="mw-page-title-main">United States Court of Appeals for the Seventh Circuit</span> Current United States federal appellate court

The United States Court of Appeals for the Seventh Circuit is the U.S. federal court with appellate jurisdiction over the courts in the following districts:

<span class="mw-page-title-main">United States Court of Appeals for the Tenth Circuit</span> Current United States federal appellate court

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:

<span class="mw-page-title-main">United States Court of Appeals for the District of Columbia Circuit</span> Current United States federal appellate court

The United States Court of Appeals for the District of Columbia Circuit is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, and it covers only the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse in Washington, DC.

<span class="mw-page-title-main">United States Court of Appeals for the Federal Circuit</span> Current United States federal appellate court

The United States Court of Appeals for the Federal Circuit is one of the 13 United States courts of appeals. It has appellate jurisdiction over certain categories of specialized cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, DC.

<span class="mw-page-title-main">District of Columbia Court of Appeals</span> Highest court of Washington D.C.

The District of Columbia Court of Appeals is the highest court of the District of Columbia, the capital city of the United States. The court was established in 1942 as the Municipal Court of Appeals, and it has been the court of last resort for matters of D.C. local law since 1970. The court is located in the former District of Columbia City Hall building at Judiciary Square. The D.C. Court of Appeals and the Superior Court of the District of Columbia comprise the District of Columbia's court system.

<span class="mw-page-title-main">United States District Court for the Eastern District of Michigan</span> United States federal district court in Michigan

The United States District Court for the Eastern District of Michigan is the federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron. The United States Court of Appeals for the Sixth Circuit has appellate jurisdiction over the court.

<span class="mw-page-title-main">United States District Court for the Western District of Michigan</span> United States federal district court in Michigan

The United States District Court for the Western District of Michigan is the federal district court with jurisdiction over the western portion of the state of Michigan, including the entire Upper Peninsula and the Lower Peninsula from Lansing westward.

<span class="mw-page-title-main">Sandra Segal Ikuta</span> American judge (born 1954)

Sandra Segal Ikuta is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.

<span class="mw-page-title-main">Stephen Reinhardt</span> American judge (1931–2018)

Stephen Roy Reinhardt was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit, with chambers in Los Angeles, California. He was the last federal appeals court judge in active service to have been appointed to his position by President Jimmy Carter.

<span class="mw-page-title-main">Northern Mariana Islands Supreme Court</span> Highest court in the Commonwealth of the Northern Mariana Islands

The Supreme Court of the Commonwealth of the Northern Mariana Islands, 1 CMC § 3101, is the highest court of the United States Commonwealth of the Northern Mariana Islands (CNMI), exercising civil and criminal appellate jurisdiction over commonwealth law matters. It should not be confused with the District Court for the Northern Mariana Islands, which exercises jurisdiction over federal law. The Supreme Court sits in the capital, Saipan, and consists of a Chief Justice and two Associate Justices. The CNMI has no intermediate appellate commonwealth law court, which means that the CNMI Supreme Court hears appeals directly from the trial-level Superior Court.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

<span class="mw-page-title-main">Paul J. Watford</span> American judge (born 1967)

Paul Jeffrey Watford is an American lawyer who served as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit from 2012 to 2023. In 2016, The New York Times identified Watford as a potential Supreme Court nominee to replace Justice Antonin Scalia. Watford resigned his judgeship in 2023 and became a partner at the law firm Wilson Sonsini Goodrich & Rosati.

References

  1. 1 2 Jenkins, Jr., William O. (September 18, 2008). American Samoa: Issues Associated with Some Federal Court Options (Report). United States Government Accountability Office. GAO-08-1124T. Retrieved August 30, 2023.
  2. ↑ Frederick, David C. (1994). Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891–1941. University of California Press. ISBN   9780520083813.
  3. ↑ See, e.g., Republic of China v. Merchants' Fire Ass'n of N.Y., 49 F.2d 862 (9th Cir. 1931). As the court noted, this bizarre insurance claim dispute arose directly from the "perplexing" civil war during China's warlord era, in which various groups of military officers claimed to be the representatives of the Republic's legitimate government.
  4. ↑ Go, Julian (2003). "Introduction". In Go, Julian; Foster, Anne L. (eds.). The American Colonial State in the Philippines: Global Perspectives. Durham: Duke University Press. pp. 1–42. ISBN   9780822384519. (At p. 7.)
  5. ↑ Kepner v. United States, 195 U.S. 100 (1904).
  6. ↑ White v. Samsung Elec. Am., Inc., 989 F.2d 1512, 1521 (9th Cir. 1993) (Kozinski, J., dissenting).
  7. ↑ Kleinfeld, Andrew J. (May 22, 1998). "RE: Splitting the Ninth Circuit". Retrieved June 21, 2005.
  8. ↑ Hofer, Roy E. (January–February 2010). "Supreme Court Reversal Rates: Evaluating the Federal Courts of Appeals" (PDF). Landslide. Vol. 2, no. 3. American Bar Association Intellectual Property Law Section. ISSN   1942-7239. LCCN   2008213101. Archived (PDF) from the original on October 10, 2023.
  9. ↑ Carroll, Lauren (February 10, 2017). "No, the 9th Circuit isn't the 'most overturned court in the country,' as Hannity says". PolitiFact . Archived from the original on June 8, 2023.
  10. ↑ Farris, Jerome, The Ninth Circuit—Most Maligned Circuit in the Country Fact or Fiction? 58 Ohio St. L.J. 1465 (1997) (noting that, in 1996, the Supreme Court let stand 99.7 percent of the Ninth Circuit's cases).
  11. ↑ Williams, Carol J. (July 18, 2011). "U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals" . Los Angeles Times . Retrieved August 4, 2012.
  12. 1 2 3 Fitzpatrick, Brian (July 31, 2018). "Written Testimony at Hearing on Oversight of the Structure of the Federal Courts" (PDF). United States Senate Committee on the Judiciary. Retrieved June 12, 2019.
  13. ↑ Qiu, Linda (November 26, 2018). "Does the Ninth Circuit Have the Highest Reversal Rate in the Country?" . New York Times . Retrieved June 12, 2019.
  14. ↑ O'Scannlain, Diarmuid (October 2005). "Ten Reasons Why the Ninth Circuit Should Be Split" (PDF). Engage. 6 (2): 58–64. Archived from the original (PDF) on September 24, 2015. Retrieved May 29, 2006.
  15. ↑ Shapiro, Ilya; Harvey, Nathan (2019). "Break Up the Ninth Circuit". George Mason Law Review . 26 (4): 1299–1329.
  16. ↑ Rule 35–3 http://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf
  17. ↑ "Statement of Circuit Judge Alex Kozinski to the House Judiciary Subcommittee on Courts". U.S. House of Representatives. October 21, 2003. Archived from the original on September 26, 2012. Retrieved February 6, 2012.
  18. ↑ Schroeder, Mary M.; et al. (April 2006). "A Court United: A Statement of a Number of Ninth Circuit Judges" (PDF). Engage. 7 (1): 63–66. Retrieved June 6, 2006.
  19. ↑ America and the Courts. C-SPAN. March 17, 2007. Event occurs at 48:30. Retrieved April 8, 2023.
  20. ↑ Gribbin, Eric J. "47 Duke L.J. 351". law.duke.edu. Archived from the original (PDF) on March 6, 2011. Retrieved June 14, 2009.
  21. ↑ Final Report, Commission on Structural Alternatives for the Federal Courts of Appeals, December 18, 1998
  22. ↑ Testimony of Circuit Judge Richard Tallman: U.S. Court of Appeals for the Ninth Circuit Archived November 13, 2013, at the Wayback Machine , United States Senate: Committee on the Judiciary, October 26, 2005; retrieved November 19, 2007.
  23. ↑ Govtrack.us S. 525—110th Congress (2007): Circuit Court of Appeals Restructuring and Modernization Act of 2007 (database of federal legislation): govtrack.us; retrieved February 18, 2008.
  24. ↑ Govtrack.us; retrieved February 27, 2021,
  25. ↑ "Wilbur Nominated for Judge Post", Woodland Daily Democrat, March 1, 1929 at p. 1 (noting, as the Coolidge Administration ended, that Coolidge nominated Wilbur for the new judgeship).
  26. ↑ "Sentence Cut Out by Hoover", Oakland Tribune, 1929-03-04, Section D, p. 1 (noting that the Wilbur nomination was not acted upon before the 70th Congress ended).
  27. ↑ 28 U.S.C.   § 45
  28. ↑ 62  Stat.   871, 72  Stat.   497, 96  Stat.   51
  29. ↑ Court Security Improvement Act of 2007, Pub. L. 110–177 § 509(a)(2), 121 Stat. 2534, 2543, January 7, 2008
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