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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, or with the Federal Circuit, whose jurisdiction is limited only by subject matter.

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 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 former (2001-2008) 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 1960s and 1970s. Before the 1980s, Chief Justices Fred M. Vinson and Warren Burger, as well as Associate Justice Wiley Blount Rutledge, served on the D.C. Circuit before their elevations to the Supreme Court.

Unlike the Courts of Appeals for the other geographical districts where home-state senators have the privilege of holding up confirmation by the "blue slip" process, because the D.C. Circuit does not represent any state, confirmation of nominees is often procedurally and practically easier. However, in recent years, several nominees were stalled and some were ultimately not confirmed because senators claimed that the court had become larger than necessary to handle its caseload.

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, D.C.

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 effect from January 21, 2009, leaving the number of authorized judgeships at eleven.

Contents 1 Current composition of the court 2 Pending nominations 3 List of former judges 4 Chiefs 5 Succession of seats 6 See also 7 Notes 8 References 9 External links 10 Navigation

Current composition of the court

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

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
47	Chief Judge	David B. Sentelle	DC	1943	1987–present	2008-present	—	Reagan
46	Circuit Judge	Douglas H. Ginsburg	DC	1946	1986–present	2001–2008	—	Reagan
49	Circuit Judge	Karen L. Henderson	DC	1944	1990–present	—	—	G.H.W. Bush
51	Circuit Judge	Judith Ann Wilson Rogers	DC	1939	1994–present	—	—	Clinton
52	Circuit Judge	David S. Tatel	DC	1942	1994–present	—	—	Clinton
53	Circuit Judge	Merrick B. Garland	DC	1952	1997–present	—	—	Clinton
55	Circuit Judge	Janice Rogers Brown	DC	1949	2005–present	—	—	G.W. Bush
56	Circuit Judge	Thomas B. Griffith	DC	1954	2005–present	—	—	G.W. Bush
57	Circuit Judge	Brett M. Kavanaugh	DC	1965	2006–present	—	—	G.W. Bush
—	Circuit Judge	(vacant - seat 6)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)
—	Circuit Judge	(vacant - seat 9)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)	(n/a)
38	Senior Circuit Judge	Harry T. Edwards	DC	1940	1980–2005	1994–2001	2005–present	Carter
43	Senior Circuit Judge	Laurence H. Silberman	DC	1935	1985–2000	(none)	2000–present	Reagan
44	Senior Circuit Judge	James L. Buckley	(inactive)	1923	1985–1996	(none)	1996–present	Reagan
45	Senior Circuit Judge	Stephen F. Williams	DC	1936	1986–2001	(none)	2001–present	Reagan
50	Senior Circuit Judge	A. Raymond Randolph	DC	1943	1990–2008	(none)	2008–present	G.H.W. Bush

Pending nominations

• On June 29, 2006, President George W. Bush nominated Peter Keisler to Seat 6 vacated by John Roberts.²
• On November 1, 2008, Judge A. Raymond Randolph assumed senior status.

List of former judges

#	Judge	State	Born/Died	Active service	Term as Chief Judge	Senior status	Appointed by	Reason for termination
1	Alvey, Richard HenryRichard Henry Alvey	MD	1826–1906	1893–1905	1893–1905	(none)	Cleveland	retirement
2	Morris, Martin FerdinandMartin Ferdinand Morris	DC	1834–1909	1893–1905	(none)	(none)	Cleveland	retirement
3	Shepard, SethSeth Shepard	TX	1847–1917	1893–1917	1905–1917	(none)	Cleveland (associate); T. Roosevelt (chief)3	retirement
4	Duell, Charles HollandCharles Holland Duell	NY	1850–1920	1905–1906	(none)	(none)	Cleveland	resignation
5	McComas, Louis EmoryLouis Emory McComas	MD	1846–1907	1905–1907	(none)	(none)	T.Roosevelt	death
6	Robb, Charles HenryCharles Henry Robb	VT	1867–1939	19064–1937	(none)	1937–1939	T. Roosevelt	death
7	Van Orsdel, Josiah AlexanderJosiah Alexander Van Orsdel	WY	1860–1937	19074–1937	(none)	(none)	T. Roosevelt	death
8	Smyth, Constantine JosephConstantine Joseph Smyth	NE	1859–1924	1917–1924	1917–1924	(none)	Wilson	death
9	Martin, George EwingGeorge Ewing Martin	OH	1857–1948	1924–1937	1924–1937	1937–1948	Coolidge	death
10	Hitz, WilliamWilliam Hitz	DC	1872–1935	1931–1935	(none)	(none)	Hoover	death
11	Groner, Duncan LawrenceDuncan Lawrence Groner	VA	1873–1957	1931–1948	1937–1948	1948–1957	Hoover (associate); F. Roosevelt (chief)3	death
12	Stephens, Harold MontelleHarold Montelle Stephens	UT	1886–1955	1935–1955	1948–1955	(none)	F. Roosevelt (associate); Truman (chief)3	death
13	Miller, JustinJustin Miller	CA	1888–1973	1937–1945	(none)	(none)	F. Roosevelt	resignation
14	Edgerton, Henry WhiteHenry White Edgerton		1888–1970	1937–1963	1955–1958	1963–1970	F. Roosevelt	death
15	Vinson, Fred M.Fred M. Vinson	KY	1890–1953	1938–1943	(none)	(none)	F. Roosevelt	resignation to become Director of the Office of Economic Stabilization
16	Rutledge, Wiley BlountWiley Blount Rutledge		1894–1949	1939–1943	(none)	(none)	F. Roosevelt	elevation to Supreme Court
17	Arnold, Thurman WesleyThurman Wesley Arnold	WY	1891–1969	1943–1945	(none)	(none)	F. Roosevelt	resignation
18	Clark, Bennett ChampBennett Champ Clark	MO	1890–1954	1945–1954	(none)	(none)	Truman	death
19	Miller, Wilbur KingsburyWilbur Kingsbury Miller	KY	1892–1976	1945–1964	1960–1962	1964–1976	Truman	death
20	Prettyman, E. BarrettE. Barrett Prettyman	DC	1891–1971	1945–1962	1958–1960	1962–1971	Truman	death
21	Proctor, James McPhersonJames McPherson Proctor	DC	1882–1953	1948–1953	(none)	(none)	Truman	death
22	Bazelon, David L.David L. Bazelon	IL	1909–1993	19494–1979	1962–1978	1979–1993	Truman	death
23	Fahy, CharlesCharles Fahy		1892–1979	19494–1967	(none)	1967–1979	Truman	death
24	Washington, George ThomasGeorge Thomas Washington		1908–1971	19494–1965	(none)	1965–1971	Truman	death
25	Danaher, John AnthonyJohn Anthony Danaher	CT	1899–1990	19534–1969	(none)	1969–1990	Eisenhower	death
26	Bastian, Walter MaximillianWalter Maximillian Bastian	DC	1891–1975	19544–1965	(none)	1965–1975	Eisenhower	death
27	Burger, Warren E.Warren E. Burger	MN	1907–1995	1956–1969	(none)	(none)	Eisenhower	elevation to Supreme Court
28	Wright, James SkellyJames Skelly Wright	LA	1911–1988	1962–1986	1978–1981	1986–1988	Kennedy	death
29	McGowan, Carl E.Carl E. McGowan	IL	1911–1987	1963–1981	1981–1981	1981–1987	Kennedy	death
30	Tamm, Edward AllenEdward Allen Tamm	DC	1906–1985	1965–1985	(none)	(none)	L. Johnson	death
31	Leventhal, HaroldHarold Leventhal	DC	1915–1979	1965–1979	(none)	(none)	L. Johnson	death
32	Robinson III, Spottswood WilliamSpottswood William Robinson III	VA	1916–1998	1966–1989	1981–1986	1989–1998	L. Johnson	death
33	MacKinnon, GeorgeGeorge MacKinnon	MN	1906–1995	1969–1983	(none)	1983–1995	Nixon	death
34	Robb, RogerRoger Robb	DC	1907–1985	1969–1982	(none)	1982–1985	Nixon	death
35	Wilkey, Malcolm RichardMalcolm Richard Wilkey	TX	1918–present	1970–1984	(none)	1984–1985	Nixon	retirement
36	Wald, PatriciaPatricia Wald	DC	1928–present	1979–1999	1986–1991	(none)	Carter	retirement
37	Mikva, Abner J.Abner J. Mikva	IL	1926–present	1979–1994	1991–1994	(none)	Carter	retirement
39	Ginsburg, Ruth BaderRuth Bader Ginsburg	NY	1933–present	1980–1993	(none)	(none)	Carter	elevation to Supreme Court
40	Bork, RobertRobert Bork	CT	1927–present	1982–1988	(none)	(none)	Reagan	resignation
41	Scalia, AntoninAntonin Scalia	NJ	1936–present	1982–1986	(none)	(none)	Reagan	elevation to Supreme Court
42	Starr, KennethKenneth Starr	VA	1946–present	1983–1989	(none)	(none)	Reagan	resignation to become Solicitor General
48	Thomas, ClarenceClarence Thomas	GA	1948–present	1990–1991	(none)	(none)	G.H.W. Bush	elevation to Supreme Court
54	Roberts, JohnJohn Roberts	MD	1955–present	2003–2005	(none)	(none)	G.W. Bush	elevation to Supreme Court

Chiefs

Chief as Chief Justice Alvey 1893–1905 Shepard 1905–1917 Smyth 1917–1924 Martin 1924–1937 Groner 1937–1948 Stephens 1948–1948 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 2001–2008 Sentelle 2008–present

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 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.

Seat 1 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 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

Seat 2 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 Redesignated on June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 Prettyman 1948–1962 Wright 1962–1986 D. Ginsburg 1986–

Seat 3 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 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

Seat 4 Established on June 19, 1930 as Associate Justice by 46 Stat. 785 Hitz 1931–1935 Stephens 1935–1948 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

Seat 5 Established on June 19, 1930 as Associate Justice by 46 Stat. 785 Groner 1931–1937 Edgerton 1937–1948 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

Seat 6 Established on May 31, 1938 as Associate Justice by 52 Stat. 584 Rutledge 1939–1943 Clark 1945–1948 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

Seat 7 Established on August 3, 1949 by 63 Stat. 493 Bazelon 1949–1979 Edwards 1980–2005 Seat Eliminated on January 7, 2008 by Court Security Improvement Act of 2007

Seat 8 Established on August 3, 1949 by 63 Stat. 493 Fahy 1949–1967 MacKinnon 1969–1983 Starr 1983–1989 Henderson 1990–present

Seat 9 Established on August 3, 1949 by 63 Stat. 493 Washington 1949–1965 Robinson 1966–1989 Randolph 1990–2008 (vacant) 2008–present

Seat 10 Established on October 20, 1978 by 92 Stat. 1629 Wald 1979–1999 Griffith 2005–present

Seat 11 Established on October 20, 1978 by 92 Stat. 1629 Mikva 1979–1994 Garland 1997–present

Seat 12 Established on July 10, 1984 by 98 Stat. 333 Silberman 1985–2000 Kavanaugh 2006–present

See also

• Federal judicial appointment history#DC Circuit

Notes

1. ^ Riechmann, Deb (2006-06-01). "President Celebrates Judge's Swearing-In", The Associated Press. Retrieved on 1 June 2006. 
2. ^ The White House (2006-06-29). "Nomination Sent to the Senate". Press release. Retrieved on 2006-08-20.
3. ^ ^{a b c} 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.
4. ^ ^{a b c d e f g} Recess appointment, confirmed by the Senate at a later date.

References

• "Standard Search". Federal Law Clerk Information System. Retrieved on 2005-06-02.
  • source for the duty station for Judge Williams
• "Instructions for Judicial Directory". Website of the University of Texas Law School. Retrieved on 2005-07-04.
  • source for the duty station for Judges Silberman and Buckley
  • data is current to 2002
• "U. S. Court of Appeals for the District of Columbia Circuit". Official website of the Federal Judicial Center. Retrieved on 2005-05-26.
  • source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information

External links

• United States Court of Appeals for the District of Columbia Circuit
• Recent opinions from FindLaw
• What Makes the DC Circuit so Different? A Historical View - Article by Chief Justice John G. Roberts, Jr.

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