United States Court of Appeals for the Second Circuit

Last updated

United States Court of Appeals for the Second Circuit
(2d Cir.)
Seal of the United States Court of Appeals for the Second Circuit.svg
2nd Circuit map.svg
Location Thurgood Marshall U.S. Courthouse
Appeals from
EstablishedJune 16, 1891
Judges13
Circuit Justice Sonia Sotomayor
Chief Judge Debra Ann Livingston
ca2.uscourts.gov
Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street; the court's former temporary home WTM sheila 0042.jpg
Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street; the court's former temporary home

The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York, and Vermont. The court has appellate jurisdiction over the district courts in the following districts:

Contents

The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square, and certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. [1]

Because the Second Circuit includes New York City, it has long been one of the largest and most influential American appellate courts, especially in matters of contract law, securities law, and antitrust law. Over the course of the twentieth century, it came to be considered one of the two most prestigious federal appellate courts, along with the District of Columbia Circuit Court. [2] Several notable judges have served on the Second Circuit, including three later named Associate Justices of the United States Supreme Court: John Marshall Harlan II, Thurgood Marshall, and Sonia Sotomayor. Judge Learned Hand served on the court from 1924 to 1961, as did his cousin, Augustus Noble Hand, from 1927 until 1953. Judge Henry Friendly served from 1959 to 1986.

Thurgood Marshall United States Courthouse at 40 Foley Square. WTM sheila 0036.jpg
Thurgood Marshall United States Courthouse at 40 Foley Square.

Current composition of the court

As of June 9,2021:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
64Chief Judge Debra Ann Livingston New York, NY 19592007–present2020–present G.W. Bush
53Circuit Judge José A. Cabranes New Haven, CT 19401994–present Clinton
55Circuit Judge Rosemary S. Pooler Syracuse, NY 19381998–present Clinton
67Circuit Judge Raymond Lohier New York, NY 19652010–present Obama
68Circuit Judge Susan L. Carney New Haven, CT 19512011–present Obama
70Circuit Judge Richard J. Sullivan New York, NY 19642018–present Trump
71Circuit Judge Joseph F. Bianco Central Islip, NY 19662019–present Trump
72Circuit Judge Michael H. Park New York, NY 19762019–present Trump
73Circuit Judge William J. Nardini New Haven, CT 19692019–present Trump
74Circuit Judge Steven Menashi New York, NY 19792019–present Trump
75Circuit Judgevacant
76Circuit Judgevacant
77Circuit Judgevacant
39Senior Circuit Judge Jon O. Newman Hartford, CT 19321979–19971993–19971997–present Carter
40Senior Circuit Judge Amalya Lyle Kearse New York, NY 19371979–20022002–present Carter
48Senior Circuit Judge John M. Walker Jr. New Haven, CT 19401989–20062000–20062006–present G.H.W. Bush
50Senior Circuit Judge Dennis Jacobs New York, NY 19441992–20192006–20132019–present G.H.W. Bush
51Senior Circuit Judge Pierre N. Leval New York, NY 19361993–20022002–present Clinton
52Senior Circuit Judge Guido Calabresi New Haven, CT 19321994–20092009–present Clinton
56Senior Circuit Judge Chester J. Straub inactive [3] 19371998–20082008–present Clinton
57Senior Circuit Judge Robert D. Sack New York, NY 19391998–20092009–present Clinton
60Senior Circuit Judge Barrington Daniels Parker Jr. New York, NY 19442001–20092009–present G.W. Bush
61Senior Circuit Judge Reena Raggi Brooklyn, NY 19512002–20182018–present G.W. Bush
62Senior Circuit Judge Richard C. Wesley Geneseo, NY 19492003–20162016–present G.W. Bush
65Senior Circuit Judge Gerard E. Lynch New York, NY 19512009–20162016–present Obama
66Senior Circuit Judge Denny Chin New York, NY 19542010–20212021–present Obama

Vacancies and pending nominations

SeatPrior judge's duty stationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
11 New York, NY Robert Katzmann Senior status January 21, 2021 Eunice C. Lee May 12, 2021
5 Rutland, VT Peter W. Hall March 4, 2021
12 New York, NY Denny Chin June 1, 2021 Myrna Pérez June 15, 2021

List of former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 William James Wallace NY 1837–19171891–1907 [Note 1] Arthur retirement
2 Emile Henry Lacombe NY 1846–19241891–1916 [Note 2] Cleveland retirement
3 Nathaniel Shipman CT 1828–19061892–1902 B. Harrison retirement
4 William Kneeland Townsend CT 1849–19071902–1907 T. Roosevelt death
5 Alfred Conkling Coxe Sr. NY 1847–19231902–1917 T. Roosevelt retirement
6 Henry Galbraith Ward NY 1851–19331907–1921 [4] 1921–1924 T. Roosevelt retirement
7 Walter Chadwick Noyes CT 1865–19261907–1913 [4] T. Roosevelt resignation
Martin Augustine Knapp NY 1843–19231910–1916 [5] reassigned to the 4th Circuit
8 Henry Wade Rogers CT 1853–19261913–1926 Wilson death
9 Charles Merrill Hough NY 1858–19271916–1927 Wilson death
10 Martin Thomas Manton NY 1880–19461918–1939 Wilson resignation
11 Julius Marshuetz Mayer NY 1865–19251921–1924 Harding resignation
12 Learned Hand NY 1872–19611924–19511948–19511951–1961 Coolidge death
13 Thomas Walter Swan CT 1877–19751926–19531951–19531953–1975 Coolidge death
14 Augustus Noble Hand NY 1869–19541927–19531953–1954 Coolidge death
15 Harrie B. Chase VT 1889–19691929–19541953–19541954–1969 Coolidge death
Julian Mack IL 1866–19431929–19401940–1943 [6] death
16 Charles Edward Clark CT 1889–19631939–19631954–1959 F. Roosevelt death
17 Robert P. Patterson NY 1891–19521939–1940 F. Roosevelt resignation
18 Jerome Frank NY 1889–19571941–1957 F. Roosevelt death
19 Harold Medina NY 1888–19901951–19581958–1980 Truman retirement
20 Carroll C. Hincks CT 1889–19641953–19591959–1964 Eisenhower death
21 John Marshall Harlan II NY 1899–19711954–1955 Eisenhower elevation to Supreme Court
22 Joseph Edward Lumbard NY 1901–19991955–19711959–19711971–1999 Eisenhower death
23 Sterry R. Waterman VT 1901–19841955–19701970–1984 Eisenhower death
24 Leonard P. Moore NY 1898–19821957–19711971–1982 Eisenhower death
25 Henry Friendly NY 1903–19861959–19741971–19731974–1986 Eisenhower death
26 John Joseph Smith CT 1904–19801960–19711971–1980 Eisenhower death
27 Irving Kaufman NY 1910–19921961–19871973–19801987–1992 Kennedy death
28 Paul R. Hays NY 1903–19801961–19741974–1980 Kennedy death
29 Thurgood Marshall NY 1908–19931961–1965 Kennedy resignation
30 Robert P. Anderson CT 1906–19781964–19711971–1978 L. Johnson death
31 Wilfred Feinberg NY 1920–20141966–19911980–19881991–2014 L. Johnson death
32 Walter Roe Mansfield NY 1911–19871971–19811981–1987 Nixon death
33 William Hughes Mulligan NY 1918–19961971–1981 Nixon resignation
34 James Lowell Oakes VT 1924–20071971–19921988–19921992–2007 Nixon death
35 William Homer Timbers CT 1915–19941971–19811981–1994 Nixon death
36 Murray Irwin Gurfein NY 1907–19791974–1979 Ford [7] death
37 Ellsworth Van Graafeiland NY 1915–20041974–19851985–2004 Ford death
38 Thomas Joseph Meskill CT 1928–20071975–19931992–19931993–2007 Ford death
41 Richard J. Cardamone NY 1925–20151981–19931993–2015 Reagan death
42 Lawrence W. Pierce NY 1924–20201981–19901990–1995 Reagan retirement
43 Ralph K. Winter Jr. CT 1935–20201981–20001997–20002000–2020 Reagan death
44 George C. Pratt NY 1928–present1982–19931993–1995 Reagan retirement
45 Roger Miner NY 1934–20121985–19971997–2012 Reagan death
46 Frank X. Altimari NY 1928–19981985–19961996–1998 Reagan death
47 John Daniel Mahoney NY 1931–19961986–1996 Reagan death
49 Joseph M. McLaughlin NY 1933–20131990–19981998–2013 G.H.W. Bush death
54 Fred I. Parker VT 1938–20031994–2003 Clinton death
58 Sonia Sotomayor NY 1954–present1998–2009 Clinton elevation to Supreme Court
59 Robert Katzmann NY 1953–20211999–20212013–20202021 Clinton death
63 Peter W. Hall VT 1948–20212004–20212021 G.W. Bush death
69 Christopher F. Droney CT 1954–present2011–20192019–2020 Obama retirement
  1. Wallace was appointed as a circuit judge for the Second Circuit in 1882 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
  2. Lacombe was appointed as a circuit judge for the Second Circuit in 1887 by Grover Cleveland. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.

Chief judges

Chief Judge
Hand 1948–1951
Swan 1951–1953
Chase 1953–1954
Clark 1954–1959
Lumbard 1959–1971
Friendly 1971–1973
Kaufman 1973–1980
Feinberg 1980–1988
Oakes 1988–1992
Meskill 1992–1993
Newman 1993–1997
Winter 1997–2000
Walker 2000–2006
Jacobs 2006–2013
Katzmann 2013–2020
Livingston 2020–present

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.

Succession of seats

The court has thirteen 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, while vacating their seats, thus allowing the president to appoint new judges to fill their seats.

See also

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References

  1. "Facelift Scheduled for Federal Courthouse – The New York Sun". nysun.com. Retrieved June 18, 2016.
  2. Solimine, Michael E. (Summer 2005). "Judicial Stratification and the Reputations of the United States Courts of Appeals". Florida State University Law Review. 32 (4): 1341–1342. Retrieved July 22, 2020.
  3. "New York Law Journal". New York Law Journal. Retrieved March 24, 2018.
  4. 1 2 Recess appointment, confirmed by the United States Senate at a later date.
  5. Knapp did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1910 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. Knapp was assigned to the Second Circuit upon his commission.
  6. Mack 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. Mack was assigned to the Seventh Circuit immediately prior to his joint assignment to the Second and Sixth Circuit. Reassigned solely to the Second Circuit in 1930.
  7. Gurfein was nominated for a seat on the Second Circuit by President Nixon, but he was confirmed after Nixon's resignation and was appointed to the Second Circuit by (i.e., received his commission from) President Ford.