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[1]
A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court. As of January 2013, four of the nine justices on the Supreme Court are alumni of the D.C. Circuit: Chief JusticeJohn Roberts and Associate JusticesAntonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg. Justice Elena Kagan was nominated by Bill Clinton to the same seat that Roberts would later fill, but was never given a vote in the Senate. 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 (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. 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.
E. Barrett Prettyman Federal Courthouse
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 court has a history of reversing the Federal Communications Commission's major policy actions.[2]
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 instead assigned to the Ninth Circuit, with the assignment taking effect on January 21, 2009).
The D.C. Circuit is the only U.S. Court of Appeals that publishes its cases in its own official reporter.[citation needed] All decisions of the other U.S. Courts of Appeals are published only in the Federal Reporter, an unofficial reporter from Thomson West.
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 chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
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 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 June 25, 1948 as Circuit Judge pursuant 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 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 June 25, 1948 as Circuit Judge by 62 Stat.869, 985
Prettyman
1948–1962
Wright
1962–1986
D. Ginsburg
1986–2011
Pillard
2013–present
Seat 3
Established 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 June 25, 1948 as Circuit Judge by 62 Stat.869, 985
W. Miller
1948–1964
Leventhal
1965–1979
R. B. Ginsburg
1980–1993
Tatel
1994–present
Seat 4
Established June 19, 1930 as Associate Justice by 46 Stat.785
Hitz
1931–1935
Stephens
1935–1948
Redesignated 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
1987–2013
Wilkins
2014–present
Seat 5
Established June 19, 1930 as Associate Justice by 46 Stat.785
Groner
1931–1937
Edgerton
1937–1948
Redesignated 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 May 31, 1938 as Associate Justice by 52 Stat.584
Rutledge
1939–1943
Arnold
1943-1945
Clark
1945–1948
Redesignated June 25, 1948 as Circuit Judge by 62 Stat.869, 985
^ abcPrior 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.
^ abcdefgRecess appointment, confirmed by the Senate at a later date.
References
"Standard Search". Federal Law Clerk Information System. Retrieved 2005-06-02.
source for the state, lifetime, term of active judgeship, term of chief judgeship, term of senior judgeship, appointer, termination reason, and seat information