United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Third Circuit
(3d Cir.)
Location	James A. Byrne U.S. Courthouse (Philadelphia, Pennsylvania)
Appeals from	District of Delaware District of New Jersey Eastern District of Pennsylvania Middle District of Pennsylvania Western District of Pennsylvania District of the Virgin Islands
Established	June 16, 1891
Judges	14
Circuit Justice	Samuel Alito
Chief Judge	Michael Chagares
www.ca3.uscourts.gov

The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:

• District of Delaware
• District of New Jersey
• Eastern District of Pennsylvania
• Middle District of Pennsylvania
• Western District of Pennsylvania

This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article VI territorial court and not a district court under Article III of the Constitution.

The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the United States Virgin Islands. ^[1] It is one of 13 United States courts of appeals. Due to the court's appellate jurisdiction over Delaware (where more than half of publicly-traded companies in the United States incorporate), the court handles a significant number of influential commercial cases in the United States.

Current composition of the court

As of June 15,2023 ^[update] : ^{[2] [3]}

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
61	Chief Judge	Michael Chagares	Newark, NJ	1962	2006–present	2021–present	—	G.W. Bush
62	Circuit Judge	Kent A. Jordan	Wilmington, DE	1957	2006–present	—	—	G.W. Bush
63	Circuit Judge	Thomas Hardiman	Pittsburgh, PA	1965	2007–present	—	—	G.W. Bush
66	Circuit Judge	Patty Shwartz	Newark, NJ	1961	2013–present	—	—	Obama
67	Circuit Judge	Cheryl Ann Krause	Philadelphia, PA	1968	2014–present	—	—	Obama
68	Circuit Judge	L. Felipe Restrepo	Philadelphia, PA	1959	2016–present	—	—	Obama
69	Circuit Judge	Stephanos Bibas	Philadelphia, PA	1969	2017–present	—	—	Trump
70	Circuit Judge	David J. Porter	Pittsburgh, PA	1966	2018–present	—	—	Trump
71	Circuit Judge	Paul Matey	Newark, NJ	1971	2019–present	—	—	Trump
72	Circuit Judge	Peter J. Phipps	Pittsburgh, PA	1973	2019–present	—	—	Trump
73	Circuit Judge	Arianna J. Freeman	Philadelphia, PA	1978	2022–present	—	—	Biden
74	Circuit Judge	Tamika Montgomery-Reeves	Wilmington, DE	1981	2023–present	—	—	Biden
75	Circuit Judge	Cindy K. Chung	Pittsburgh, PA	1975	2023–present	—	—	Biden
76	Circuit Judge	vacant	—	—	—	—	—	—
42	Senior Circuit Judge	Walter King Stapleton	Wilmington, DE	1934	1985–1999	—	1999–present	Reagan
45	Senior Circuit Judge	Anthony Joseph Scirica	Philadelphia, PA	1940	1987–2013	2003–2010	2013–present	Reagan
46	Senior Circuit Judge	Robert Cowen	inactive	1930	1987–1998	—	1998–present	Reagan
47	Senior Circuit Judge	Richard Lowell Nygaard	Erie, PA	1940	1988–2005	—	2005–present	Reagan
49	Senior Circuit Judge	Jane Richards Roth	Wilmington, DE	1935	1991–2006	—	2006–present	G.H.W. Bush
51	Senior Circuit Judge	Theodore McKee	Philadelphia, PA	1947	1994–2022	2010–2016	2022–present	Clinton
53	Senior Circuit Judge	Marjorie Rendell	Philadelphia, PA	1947	1997–2015	—	2015–present	Clinton
55	Senior Circuit Judge	Thomas L. Ambro	Wilmington, DE	1949	2000–2023	—	2023–present	Clinton
56	Senior Circuit Judge	Julio M. Fuentes	Newark, NJ	1946	2000–2016	—	2016–present	Clinton
57	Senior Circuit Judge	D. Brooks Smith	Duncansville, PA	1951	2002–2021	2016–2021	2021–present	G.W. Bush
59	Senior Circuit Judge	D. Michael Fisher	Pittsburgh, PA	1944	2003–2017	—	2017–present	G.W. Bush

Vacancies and pending nominations

Seat	Prior judge's duty station	Seat last held by	Vacancy reason	Date of vacancy	Nominee	Date of nomination
4	Newark, NJ	Joseph A. Greenaway Jr.	Retirement	June 15, 2023	Adeel A. Mangi	November 27, 2023

List of former judges

#	Judge	State	Born–died	Active service	Chief Judge	Senior status	Appointed by	Reason for termination
1	Marcus Wilson Acheson	PA	1828–1906	1891–1906 [Note 1]	—	—	B. Harrison / Operation of law	death
2	George M. Dallas	PA	1839–1917	1892–1909	—	—	B. Harrison	retirement
3	George Gray	DE	1840–1925	1899–1914 [4]	—	—	McKinley	retirement
4	Joseph Buffington	PA	1855–1947	1906–1938 [4]	—	1938–1947	T. Roosevelt	death
5	William M. Lanning	NJ	1849–1912	1909–1912	—	—	Taft	death
6	Robert W. Archbald	PA	1848–1926	1911–1913	—	—	[5]	impeachment and conviction
7	John Bayard McPherson	PA	1846–1919	1912–1919	—	—	Taft	death
8	Victor Baynard Woolley	DE	1867–1945	1914–1938	—	1938–1945	Wilson	death
9	Thomas Griffith Haight	NJ	1879–1942	1919–1920 [4]	—	—	Wilson	resignation
10	John Warren Davis	NJ	1867–1945	1920–1939	—	1939–1941	Wilson	resignation
11	Joseph Whitaker Thompson	PA	1861–1946	1931–1938	—	1938–1946	Hoover	death
12	John Biggs Jr.	DE	1895–1979	1937–1965	1948–1965	1965–1979	F. Roosevelt	death
13	Albert Branson Maris	PA	1893–1989	1938–1958	—	1958–1989	F. Roosevelt	death
14	William Clark	NJ	1891–1957	1938–1943	—	—	F. Roosevelt	resignation
15	Francis Biddle	PA	1886–1968	1939–1940	—	—	F. Roosevelt	resignation
16	Charles Alvin Jones	PA	1887–1966	1939–1944	—	—	F. Roosevelt	resignation
17	Herbert Funk Goodrich	PA	1889–1962	1940–1962	—	—	F. Roosevelt	death
18	Gerald McLaughlin	NJ	1893–1977	1943–1968	—	1968–1977	F. Roosevelt	death
19	John Joseph O'Connell	PA	1894–1949	1945–1949	—	—	Truman	death
20	Harry Ellis Kalodner	PA	1896–1977	1946–1969	1965–1966	1969–1977	Truman	death
21	William H. Hastie	VI	1904–1976	1949–1971 [4]	1968–1971	1971–1976	Truman	death
22	Austin Leander Staley	PA	1902–1978	1950–1967	1966–1967	1967–1978	Truman	death
23	Phillip Forman	NJ	1895–1978	1959–1961	—	1961–1978	Eisenhower	death
24	James Cullen Ganey	PA	1899–1972	1961–1966	—	1966–1972	Kennedy	death
25	William Francis Smith	NJ	1903–1968	1961–1968	—	—	Kennedy	death
26	Abraham Lincoln Freedman	PA	1904–1971	1964–1971	—	—	L. Johnson	death
27	Collins J. Seitz	DE	1914–1998	1966–1989	1971–1984	1989–1998	L. Johnson	death
28	Francis Lund Van Dusen	PA	1912–1993	1967–1977	—	1977–1993	L. Johnson	death
29	Ruggero J. Aldisert	PA	1919–2014	1968–1986	1984–1986	1986–2014	L. Johnson	death
30	David Henry Stahl	PA	1920–1970	1968–1970	—	—	L. Johnson	death
31	Arlin M. Adams	PA	1921–2015	1969–1987	—	—	Nixon	retirement
32	John Joseph Gibbons	NJ	1924–2018	1969–1990	1987–1990	—	Nixon	retirement
33	Max Rosenn	PA	1910–2006	1970–1981	—	1981–2006	Nixon	death
34	James Rosen	NJ	1909–1972	1971–1972	—	—	Nixon	death
35	James Hunter III	NJ	1916–1989	1971–1986	—	1986–1989	Nixon	death
36	Joseph F. Weis Jr.	PA	1923–2014	1973–1988	—	1988–2014	Nixon	death
37	Leonard I. Garth	NJ	1921–2016	1973–1986	—	1986–2016	Nixon	death
38	A. Leon Higginbotham Jr.	PA	1928–1998	1977–1991	1990–1991	1991–1993	Carter	retirement
39	Dolores Sloviter	PA	1932–2022	1979–2013	1991–1998	2013–2022	Carter	death
40	Edward Roy Becker	PA	1933–2006	1981–2003	1998–2003	2003–2006	Reagan	death
41	Carol Los Mansmann	PA	1942–2002	1985–2002	—	—	Reagan	death
43	Morton Ira Greenberg	NJ	1933–2021	1987–2000	—	2000–2021	Reagan	death
44	William D. Hutchinson	PA	1932–1995	1987–1995	—	—	Reagan	death
48	Samuel Alito	NJ	1950–present	1990–2006	—	—	G.H.W. Bush	elevation to Supreme Court
50	Timothy K. Lewis	PA	1954–present	1992–1999	—	—	G.H.W. Bush	resignation
52	H. Lee Sarokin	NJ	1928–2023	1994–1996	—	—	Clinton	retirement
54	Maryanne Trump Barry	NJ	1937–2023	1999–2011	—	2011–2019	Clinton	retirement
58	Michael Chertoff	NJ	1953–present	2003–2005	—	—	G.W. Bush	resignation
60	Franklin Van Antwerpen	PA	1941–2016	2004–2006	—	2006–2016	G.W. Bush	death
64	Joseph A. Greenaway Jr.	NJ	1957–present	2010–2023	—	—	Obama	retirement
65	Thomas I. Vanaskie	PA	1953–present	2010–2018	—	2018–2019	Obama	retirement

1. Acheson was appointed as a circuit judge for the Third Circuit in 1891 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Third Circuit.

Chief judges

Chief Judge
Biggs Jr.	1948–1965
Kalodner	1965–1966
Staley	1966–1967
Hastie	1968–1971
Seitz	1971–1984
Aldisert	1984–1986
Gibbons	1987–1990
Higginbotham	1990–1991
Sloviter	1991–1998
Becker	1998–2003
Scirica	2003–2010
McKee	2010–2016
D. Smith	2016–2021
Chagares	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. ^[6]

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. ^[7]

Succession of seats

The court has fourteen 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 Third Circuit Reassigned on June 16, 1891, to the newly formed United States Circuit Court of Appeals for the Third Circuit by the Judiciary Act of 1891 Acheson PA 1892–1906 Buffington PA 1906–1938 Biddle PA 1939–1940 Goodrich PA 1940–1962 Freedman PA 1964–1971 Weis, Jr. PA 1973–1988 Nygaard PA 1988–2005 Hardiman PA 2007–present

Seat 2 Established on June 16, 1891, by the Judiciary Act of 1891 Dallas PA 1892–1909 Lanning NJ 1909–1912 McPherson PA 1912–1919 Haight NJ 1919–1920 Davis NJ 1920–1939 Jones PA 1939–1944 Kalodner PA 1946–1969 Adams PA 1969–1987 Hutchinson PA 1987–1995 Rendell PA 1997–2015 Bibas PA 2017–present

Seat 3 Established on February 23, 1899, by 30 Stat. 846 Gray DE 1899–1914 Woolley DE 1914–1938 Maris PA 1938–1958 Forman NJ 1959–1961 W. Smith NJ 1961–1968 Hunter III NJ 1971–1986 Cowen NJ 1987–1998 Fuentes NJ 2000–2016 Matey NJ 2019–present

Seat 4 Established on June 10, 1930, by 46 Stat. 538 Thompson PA 1931–1938 Clark NJ 1938–1943 McLaughlin NJ 1943–1968 Gibbons NJ 1969–1990 Alito NJ 1990–2006 Greenaway, Jr. NJ 2010–2023 vacant NJ 2023–present

Seat 5 Established as a temporary judgeship on June 24, 1936, by 49 Stat. 1903 Made permanent on May 31, 1938, by 52 Stat. 584 Biggs, Jr. DE 1937–1965 Seitz DE 1966–1989 Roth DE 1991–2006 Jordan DE 2006–present

Seat 6 Established on December 7, 1944, by 58 Stat. 796 O'Connell PA 1945–1949 Staley PA 1950–1967 Aldisert PA 1968–1986 Scirica PA 1987–2013 Restrepo PA 2016–present

Seat 7 Established on August 3, 1949, by 63 Stat. 493 Hastie VI 1950–1971 Rosen NJ 1971–1972 Garth NJ 1973–1986 Greenberg NJ 1987–2000 Chertoff NJ 2003–2005 Chagares NJ 2006–present

Seat 8 Established on May 19, 1961, by 75 Stat. 80 Ganey PA 1961–1966 Van Dusen PA 1967–1977 Higginbotham, Jr. PA 1977–1991 McKee PA 1994–2022 Freeman PA 2022–present

Seat 9 Established on June 18, 1968, by 82 Stat. 184 Stahl PA 1968–1970 Rosenn PA 1970–1981 Becker PA 1981–2003 Van Antwerpen PA 2004–2006 Vanaskie PA 2010–2018 Phipps PA 2019–present

Seat 10 Established on October 20, 1978, by 92 Stat. 1629 Sloviter PA 1979–2013 Krause PA 2014–present

Seat 11 Established on July 10, 1984, by 98 Stat. 333 Mansmann PA 1985–2002 Fisher PA 2003–2017 Porter PA 2018–present

Seat 12 Established on July 10, 1984, by 98 Stat. 333 Stapleton DE 1985–1999 Ambro DE 2000–2023 Montgomery-Reeves DE 2023–present

Seat 13 Established on December 1, 1990, by 104 Stat. 5089 Lewis PA 1992–1999 D. Smith PA 2002–2021 Chung PA 2023–present

Seat 14 Established on December 1, 1990, by 104 Stat. 5089 Sarokin NJ 1994–1996 Barry NJ 1999–2011 Shwartz NJ 2013–present

See also

• Judicial appointment history for United States federal courts#Third Circuit
• List of current United States circuit judges

References

1. "Notice for Sitting in Virgin Islands" (PDF). Official website of the Third Circuit. Archived from the original (PDF) on April 1, 2013. Retrieved March 6, 2013.
2. "U. S. Court of Appeals for the Third Circuit". Official website of the Federal Judicial Center. Archived from the original on May 25, 2005. Retrieved May 30, 2005.
3. "Third Circuit Court of Appeals Judges" (PDF). Official website of the United States Court of Appeals for the Third Circuit. Archived from the original (PDF) on May 10, 2005. Retrieved May 30, 2005.
4. Recess appointment, confirmed by the United States Senate at a later date.
5. Archbald 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. Archbald was assigned to the Third Circuit upon his commission.
6. 28 U.S.C.   § 45
7. 62  Stat.   871, 72  Stat.   497, 96  Stat.   51

External links

• Official website
• Recent opinions from Findlaw