United States courts of appeals - Wikipedia United States courts of appeals From Wikipedia, the free encyclopedia Jump to navigation Jump to search This article is about the current system. For the pre-1912 system, see United States circuit court. Post-1891 U.S. appellate circuit courts Map of the geographic boundaries of the various United States courts of appeals and United States district courts United States This article is part of a series on the politics and government of the United States Federal government Constitution of the United States Law Taxation Policy Legislature United States Congress House of Representatives Speaker Nancy Pelosi (D) Majority Leader Steny Hoyer (D) Minority Leader Kevin McCarthy (R) Congressional districts Senate President Kamala Harris (D) President Pro Tempore Patrick Leahy (D) Majority Leader Chuck Schumer (D) Minority Leader Mitch McConnell (R) Executive President of the United States Joe Biden (D) Vice President of the United States Kamala Harris (D) Cabinet Federal agencies Executive Office Judiciary Supreme Court of the United States Chief Justice John Roberts Thomas Breyer Alito Sotomayor Kagan Gorsuch Kavanaugh Barrett Courts of appeals District courts (list) Other tribunals Elections Presidential elections Midterm elections Off-year elections Primary elections presidential primary Political parties Democratic Republican Third parties Libertarian Green Federalism State government Governors Legislatures (list) State courts local government Foreign relations Department of State Secretary of State: Antony Blinken Diplomatic missions of / in the United States Nationality law Passports Visa requirements Visa policy United States and the United Nations United Nations Security Council P5 NATO G20 G7 Russia China India European Union Latin America Arab League  United States portal Other countries v t e The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal judiciary.[1] The courts are divided into 13 circuits, and each hears appeals from the district courts within its borders, or in some instances from other designated federal courts and administrative agencies. Appeals from the circuit courts are taken to the Supreme Court of the United States. The district, appellate, and Supreme courts are all authorized under Article Three of the United States Constitution, giving them the exclusive functions as constitutional courts. The United States courts of appeals are considered among the most powerful and influential courts in the United States. Because of their ability to set legal precedent in regions that cover millions of Americans, the United States courts of appeals have strong policy influence on U.S. law. Moreover, because the Supreme Court chooses to review fewer than 2% of the more than 7,000 to 8,000 cases filed with it annually,[2] the U.S. courts of appeals serve as the final arbiter on most federal cases. The D.C. Circuit in particular is very influential, since it covers Washington, D.C., and thus covers Congress and many U.S. government agencies. The Ninth Circuit, which covers the entire west coast of the United States and contains 20% of the American population, is also an influential court.[citation needed] There are currently 179 judgeships on the U.S. courts of appeals authorized by Congress in 28 U.S.C. § 43 pursuant to Article III of the U.S. Constitution. Like other federal judges, they are nominated by the President of the United States and confirmed by the United States Senate. They have lifetime tenure, earning (as of 2019) an annual salary of $223,700.[3] The actual number of judges in service varies, both because of vacancies and because senior judges who continue to hear cases are not counted against the number of authorized judgeships. The 11 numbered circuits and the D.C. Circuit are geographically defined by the boundaries of their assigned U.S. district courts. The Tenth Circuit is unique in that it contains a small portion of Idaho and Montana due to the U.S. District Court for the District of Wyoming extending out of state to cover all of Yellowstone National Park. The 13th court of appeals is the Federal Circuit, which has nationwide jurisdiction over certain appeals based on specialized subject matter. All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. The Federal Circuit hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters. Decisions of the U.S. courts of appeals have been published by the private company West Publishing in the Federal Reporter series since the courts were established. Only decisions that the courts designate for publication are included. The "unpublished" opinions (of all but the Fifth and Eleventh Circuits) are published separately in West's Federal Appendix, and they are also available in on-line databases like LexisNexis or Westlaw. More recently, court decisions have also been made available electronically on official court websites. However, there are also a few federal court decisions that are classified for national security reasons. The circuit with the smallest number of appellate judges is the First Circuit, and the one with the largest number of appellate judges is the geographically large and populous Ninth Circuit in the Far West. The number of judges that the U.S. Congress has authorized for each circuit is set forth by law in 28 U.S.C. § 44, while the places where those judges must regularly sit to hear appeals are prescribed in 28 U.S.C. § 48. Although the courts of appeals are frequently called "circuit courts", they should not be confused with the former United States circuit courts, which were active from 1789 to 1911, during the time when long-distance transportation was much less available, and which were primarily first-level federal trial courts that moved periodically from place to place in "circuits" in order to serve the dispersed population in towns and the smaller cities that existed then. The current "courts of appeals" system was established in the Judiciary Act of 1891, also known as the Evarts Act.[4] Contents 1 Procedure 2 Attorneys 3 Nomenclature 4 Judicial councils 5 Circuit composition 6 Circuit population 7 History 8 See also 9 Notes 10 References 11 External links Procedure[edit] Because the courts of appeals possess only appellate jurisdiction, they do not hold trials. Only courts with original jurisdiction hold trials and thus determine punishments (in criminal cases) and remedies (in civil cases). Instead, appeals courts review decisions of trial courts for errors of law. Accordingly, an appeals court considers only the record (that is, the papers the parties filed and the transcripts and any exhibits from any trial) from the trial court, and the legal arguments of the parties. These arguments, which are presented in written form and can range in length from dozens to hundreds of pages, are known as briefs. Sometimes lawyers are permitted to add to their written briefs with oral arguments before the appeals judges. At such hearings, only the parties' lawyers speak to the court. The rules that govern the procedure in the courts of appeals are the Federal Rules of Appellate Procedure. In a court of appeals, an appeal is almost always heard by a "panel" of three judges who are randomly selected from the available judges (including senior judges and judges temporarily assigned to the circuit). Some cases, however, receive an en banc hearing. Except in the Ninth Circuit Court, the en banc court consists of all of the circuit judges who are on active status, but it does not include the senior or assigned judges (except that under some circumstances, a senior judge may participate in an en banc hearing when he or she participated at an earlier stage of the same case).[5] Because of the large number of Appellate Judges in the Ninth Circuit Court of Appeals (29), only ten judges, chosen at random, and the Chief Judge hear en banc cases.[6] Many decades ago, certain classes of federal court cases held the right of an automatic appeal to the Supreme Court of the United States. That is, one of the parties in the case could appeal a decision of a court of appeals to the Supreme Court, and it had to accept the case. The right of automatic appeal for most types of decisions of a court of appeals was ended by an Act of Congress, the Judiciary Act of 1925, which also reorganized many other things in the federal court system. Passage of this law was urged by Chief Justice William Howard Taft. The current procedure is that a party in a case may apply to the Supreme Court to review a ruling of the circuit court. This is called petitioning for a writ of certiorari, and the Supreme Court may choose, in its sole discretion, to review any lower court ruling. In extremely rare cases, the Supreme Court may grant the writ of certiorari before the judgment is rendered by the court of appeals, thereby reviewing the lower court's ruling directly. Certiorari before judgment was granted in the Watergate scandal-related case, United States v. Nixon,[7] and in the 2005 decision involving the Federal Sentencing Guidelines, United States v. Booker.[8] A court of appeals may also pose questions to the Supreme Court for a ruling in the midst of reviewing a case. This procedure was formerly used somewhat commonly, but now it is quite rare. For example, while between 1937 and 1946 twenty 'certificate' cases were accepted, since 1947 the Supreme Court has accepted only four.[9] The Second Circuit, sitting en banc, attempted to use this procedure in the case United States v. Penaranda, 375 F.3d 238 (2d Cir. 2004),[10] as a result of the Supreme Court's decision in Blakely v. Washington,[11] but the Supreme Court dismissed the question. See United States v. Penaranda, 543 U.S. 1117 (2005).[12] The last instance of the Supreme Court accepting a set of questions and answering them was in 1982's City of Mesquite v. Aladdin's Castle, Inc, 455 US 283 (1982).[13] A court of appeals may convene a Bankruptcy Appellate Panel to hear appeals in bankruptcy cases directly from the bankruptcy court of its circuit. As of 2008[update], only the First, Sixth, Eighth, Ninth, and Tenth Circuits have established a Bankruptcy Appellate Panel. Those circuits that do not have a Bankruptcy Appellate Panel have their bankruptcy appeals heard by the district court.[14] Courts of appeals decisions, unlike those of the lower federal courts, establish binding precedents. Other federal courts in that circuit must, from that point forward, follow the appeals court's guidance in similar cases, regardless of whether the trial judge thinks that the case should be decided differently. Federal and state laws can and do change from time to time, depending on the actions of Congress and the state legislatures. Therefore, the law that exists at the time of the appeal might be different from the law that existed at the time of the events that are in controversy under civil or criminal law in the case at hand. A court of appeals applies the law as it exists at the time of the appeal; otherwise, it would be handing down decisions that would be instantly obsolete, and this would be a waste of time and resources, since such decisions could not be cited as precedent. "[A] court is to apply the law in effect at the time it renders its decision, unless doing so would result in manifest injustice, or there is statutory direction or some legislative history to the contrary."[15] However, the above rule cannot apply in criminal cases if the effect of applying the newer law would be to create an ex post facto law to the detriment of the defendant. Decisions made by the circuit courts only apply to the states within the court's oversight, though other courts may use the guidance issued by the circuit court in their own judgments. While a single case can only be heard by one circuit court, a core legal principle may be tried through multiple cases in separate circuit courts, creating an inconsistency between different parts of the United States. This creates a split decision among the circuit courts. Often, if there is a split decision between two or more circuits, and a related case is petitioned to the Supreme Court, the Supreme Court will often take that case as to resolve the split. Attorneys[edit] In order to serve as counsel in a case appealed to a circuit court, the attorney must first be admitted to the bar of that circuit. Admission to the bar of a circuit court is granted as a matter of course to any attorney who is admitted to practice law in any state of the United States. The attorney submits an application, pays a fee, and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the circuit, and most courts of appeals allow the applicant attorney to choose which method he or she prefers. Nomenclature[edit] When the courts of appeals were created in 1891, one was created for each of the nine circuits then existing, and each court was named the "United States Circuit Court of Appeals for the _____ Circuit". When a court of appeals was created for the District of Columbia in 1893, it was named the "Court of Appeals for the District of Columbia", and it was renamed to the "United States Court of Appeals for the District of Columbia" in 1934. In 1948, Congress renamed all of the courts of appeals then existing to their current formal names: the court of appeals for each numbered circuit was named the "United States Court of Appeals for the _____ Circuit", and the "United States Court of Appeals for the District of Columbia" became the "United States Court of Appeals for the District of Columbia Circuit". The Tenth Circuit was created in 1929 by subdividing the existing Eighth Circuit, and the Eleventh Circuit was created in 1981 by subdividing the existing Fifth Circuit. The Federal Circuit was created in 1982 by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims. Judicial councils[edit] Main article: Judicial council (United States) Judicial councils are panels in each circuit that are charged with making "necessary and appropriate orders for the effective and expeditious administration of justice" within their circuits.[16][17] Among their responsibilities is judicial discipline, the formulation of circuit policy, the implementation of policy directives received from the Judicial Conference of the United States, and the annual submission of a report to the Administrative Office of the United States Courts on the number and nature of orders entered during the year that relate to judicial misconduct.[16][18] Judicial councils consist of the chief judge of the circuit and an equal number of circuit judges and district judges of the circuit.[16][19] Circuit composition[edit] Map of the boundaries of the United States courts of appeals and United States district courts District of Columbia Circuit (Washington) District of Columbia First Circuit (Boston) District of Maine District of Massachusetts District of New Hampshire District of Puerto Rico District of Rhode Island Second Circuit (New York City) District of Connecticut Eastern District of New York Northern District of New York Southern District of New York Western District of New York District of Vermont Third Circuit (Philadelphia) District of Delaware District of New Jersey Eastern District of Pennsylvania Middle District of Pennsylvania Western District of Pennsylvania District of the Virgin Islands[A] Fourth Circuit (Richmond) District of Maryland Eastern District of North Carolina Middle District of North Carolina Western District of North Carolina District of South Carolina Eastern District of Virginia Western District of Virginia Northern District of West Virginia Southern District of West Virginia Fifth Circuit (New Orleans) Eastern District of Louisiana Middle District of Louisiana Western District of Louisiana Northern District of Mississippi Southern District of Mississippi Eastern District of Texas Northern District of Texas Southern District of Texas Western District of Texas Sixth Circuit (Cincinnati) Eastern District of Kentucky Western District of Kentucky Eastern District of Michigan Western District of Michigan Northern District of Ohio Southern District of Ohio Eastern District of Tennessee Middle District of Tennessee Western District of Tennessee Seventh Circuit (Chicago) Central District of Illinois Northern District of Illinois Southern District of Illinois Northern District of Indiana Southern District of Indiana Eastern District of Wisconsin Western District of Wisconsin Eighth Circuit (St. Louis) Eastern District of Arkansas Western District of Arkansas Northern District of Iowa Southern District of Iowa District of Minnesota Eastern District of Missouri Western District of Missouri District of Nebraska District of North Dakota District of South Dakota Ninth Circuit (San Francisco) District of Alaska District of Arizona Central District of California Eastern District of California Northern District of California Southern District of California District of Guam[A] District of Hawaii District of Idaho District of Montana District of Nevada District of the Northern Mariana Islands[A] District of Oregon Eastern District of Washington Western District of Washington Tenth Circuit (Denver) District of Colorado District of Kansas District of New Mexico Eastern District of Oklahoma Northern District of Oklahoma Western District of Oklahoma District of Utah District of Wyoming Eleventh Circuit (Atlanta) Middle District of Alabama Northern District of Alabama Southern District of Alabama Middle District of Florida Northern District of Florida Southern District of Florida Middle District of Georgia Northern District of Georgia Southern District of Georgia Federal Circuit (Washington) Courts[B] Court of Appeals for Veterans Claims[C] Court of Federal Claims[C] Court of International Trade Administrative agencies Armed Services Board of Contract Appeals[D] Bureau of Justice Assistance[D] Civilian Board of Contract Appeals[D] International Trade Commission[D] Merit Systems Protection Board[D] Office of Compliance[E] Patent Trial and Appeal Board[D] Personnel Appeals Board[D] Trademark Trial and Appeal Board[D] ^ a b c These are article IV territorial courts and are therefore not part of the federal judiciary. ^ The Federal Circuit also has appellate jurisdiction over certain claims filed in any district court. ^ a b These are article I tribunals and are therefore not part of the federal judiciary. ^ a b c d e f g h These are administrative bodies within the executive branch and are therefore not part of the federal judiciary. ^ This is an administrative body within the legislative branch are therefore not part of the federal judiciary. Circuit population[edit] Based on 2010 United States Census figures, the population residing in each circuit is as follows. Circuit Authorized judges Population Percentage of US population Population per authorized judge D.C. Circuit 11 601,723 0.19% 54,702 1st Circuit 6 13,970,816 4.47% 2,328,469 2nd Circuit 13 23,577,940 7.54% 1,813,688 3rd Circuit 14 22,498,612 7.19% 1,607,044 4th Circuit 15 29,788,417 9.52% 1,985,894 5th Circuit 17 32,646,230 10.44% 1,920,366 6th Circuit 16 32,105,616 10.26% 2,006,601 7th Circuit 11 25,001,420 7.99% 2,272,856 8th Circuit 11 20,568,237 6.58% 1,869,840 9th Circuit 29 61,742,908 19.74% 2,129,066 10th Circuit 12 17,020,355 5.44% 1,418,363 11th Circuit 12 33,268,699 10.64% 2,772,392 Federal Circuit[Note 1] 12 N/A N/A N/A Total 179 312,790,973 100% 1,747,436 History[edit] The Judiciary Act of 1789 established three circuits, which were groups of judicial districts in which United States circuit courts were established. Each circuit court consisted of two Supreme Court justices and the local district judge; the three circuits existed solely for the purpose of assigning the justices to a group of circuit courts. Some districts (generally the ones most difficult for an itinerant justice to reach) did not have a circuit court; in these districts the district court exercised the original jurisdiction of a circuit court. As new states were admitted to the Union, Congress often did not create circuit courts for them for a number of years. The number of circuits remained unchanged until the year after Rhode Island ratified the Constitution, when the Midnight Judges Act reorganized the districts into six circuits, and created circuit judgeships so that Supreme Court justices would no longer have to ride circuit. This Act, however, was repealed in March 1802, and Congress provided that the former circuit courts would be revived as of July 1 of that year. But it then passed the new Judiciary Act of 1802 in April, so that the revival of the old courts never took effect. The 1802 Act restored circuit riding, but with only one justice to a circuit; it therefore created six new circuits, but with slightly different compositions than the 1801 Act. These six circuits later were augmented by others. Until 1866, each new circuit (except the short-lived California Circuit) was accompanied by a newly created Supreme Court seat. State Judicial District(s) created Circuit assignment(s) New Hampshire 1789 Eastern, 1789–1801 1st, 1801– Massachusetts 1789 Eastern, 1789–1801 1st, 1801– Maine 1789[Note 2] Eastern, 1789–1801 1st, 1801–1820 1st, 1820– Rhode Island 1790 Eastern, 1790–1801 1st, 1801– Connecticut 1789 Eastern, 1789–1801 2nd, 1801– New York 1789 Eastern, 1789–1801 2nd, 1801– New Jersey 1789 Middle, 1789–1801 3rd, 1801– Pennsylvania 1789 Middle, 1789–1801 3rd, 1801– Delaware 1789 Middle, 1789–1801 3rd, 1801–1802 4th, 1802–1866 3rd, 1866– Maryland 1789 Middle, 1789–1801 4th, 1801– Virginia 1789 Middle, 1789–1801 4th, 1801–1802 5th, 1802–1842 4th, 1842– Kentucky 1789[Note 3] 6th, 1801–1802 7th, 1807–1837 8th, 1837–1863 6th, 1863– North Carolina 1790 Southern, 1790–1801 5th, 1801–1842 6th, 1842–1863 4th, 1863– South Carolina 1789 Southern, 1789–1801 5th, 1801–1802 6th, 1802–1863 5th, 1863–1866 4th, 1866– Georgia 1789 Southern, 1789–1801 5th, 1801–1802 6th, 1802–1863 5th, 1863–1981 11th, 1981– Vermont 1791 Eastern, 1791–1801 2nd, 1801– Tennessee 1796 6th, 1801–1802 7th, 1807–1837 8th, 1837–1863 6th, 1863– Ohio 1801 (abolished 1802)[Note 4] 6th, 1801–1802 Ohio 1803 7th, 1807–1866 6th, 1866– Louisiana 1812 9th, 1837–1842 (Eastern District) 5th, 1842–1863 6th, 1863–1866 5th, 1866– Indiana 1816 7th, 1837– Mississippi 1817 9th, 1837–1863 5th, 1863– Illinois 1818 7th, 1837–1863 8th, 1863–1866 7th, 1866– Alabama 1819 9th, 1837–1842 5th, 1842–1981 11th, 1981– Missouri 1821 8th, 1837–1863 9th, 1863–1866 8th, 1866– Arkansas 1836 9th, 1837–1851 9th, 1851–1863 (Eastern District) 6th, 1863–1866 (Eastern District) 8th, 1866– Michigan 1837 7th, 1837–1863 8th, 1863–1866 6th, 1866– Florida 1845 5th, 1863–1981 11th, 1981– Texas 1845 6th, 1863–1866 5th, 1866– Iowa 1846 9th, 1863–1866 8th, 1866– Wisconsin 1848 8th, 1863–1866 7th, 1866– California 1850 California Circuit, 1855–1863 10th, 1863–1866 9th, 1866– Minnesota 1858 9th, 1863–1866 8th, 1866– Oregon 1859 10th, 1863–1866 9th, 1866– Kansas 1861 9th, 1863–1866 8th, 1866–1929 10th, 1929– West Virginia 1863 4th, 1863– Nevada 1864 9th, 1866– Nebraska 1867 8th, 1867– Colorado 1876 8th, 1876–1929 10th, 1929– North Dakota 1889 8th, 1889– South Dakota 1889 8th, 1889– Montana 1889 9th, 1889– Washington 1889 9th, 1889– Idaho 1890 9th, 1890– Wyoming 1890 8th, 1890–1929 10th, 1929– Utah 1896 8th, 1896–1929 10th, 1929– Oklahoma 1907 8th, 1907–1929 10th, 1929– New Mexico 1912 8th, 1912–1929 10th, 1929– Arizona 1912 9th, 1912– District of Columbia 1948[Note 5] District of Columbia Circuit, 1948– Alaska 1959 9th, 1959– Hawaii 1959 9th, 1959– Puerto Rico 1966[Note 6] 1st, 1966– Guam Virgin Islands Philippines 1898[Note 7] Panama Canal Zone[Note 8] See also[edit] List of current United States circuit judges List of United States courts of appeals cases State supreme court Judicial appointment history for United States federal courts United States Foreign Intelligence Surveillance Court of Review Notes[edit] ^ The Federal Circuit's jurisdiction is not based on geography; rather, the Federal Circuit has jurisdiction over the entire United States, for certain classes of cases. ^ The Judiciary Act of 1789 divided Massachusetts into the Maine District, comprising what is now the State of Maine, and the Massachusetts District, comprising the remainder of the state. ^ The Judiciary Act of 1789 divided Virginia into the Kentucky District, comprising what is now the Commonwealth of Kentucky, and the Virginia District, comprising the remainder of the state. ^ The first District of Ohio encompassed the Northwest and Indiana Territories. ^ The pre-existing courts of the District of Columbia were elevated to United States district court and court of appeals status in 1948. The courts of the District had been incorporated into the Federal Court System by the Judiciary Act of 1925. ^ The pre-existing territorial district court of Puerto Rico was elevated to United States district court status. Appellate jurisdiction from the Puerto Rico courts was assigned to the 1st Circuit in 1915. ^ There were U.S. Federal Courts in the Philippines following the Spanish–American War of 1898 up through the granting of independence to the Philippines on July 4, 1946—with the exception of the Philippine occupation by the Japanese Army in 1942–45. ^ There were formerly U.S. Federal Courts in the Panama Canal Zone, until that Zone was returned to Panama by treaty on December 31, 1999. References[edit] ^ 28 U.S.C. § 43 provides that "There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit". ^ U.S. Supreme Court FAQ Retrieved 7 September 2016. ^ Judicial Compensation U.S. Courts. Retrieved 5 April 2020. ^ The U.S. Courts of Appeals and the Federal Judiciary, History of the Federal Judiciary, Federal Judicial Center (last visited March 5, 2014). ^ See e.g. "IOP 35.1. En Banc Poll and Decision". United States Court of Appeals 2nd Circuit. Retrieved 10 September 2020. ^ Rule 35-3 of the Federal Rules of Appellate Procedure, Ninth Circuit Rules. http://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf ^ United States v. Nixon, 418 U.S. 683 (1974) ^ United States v. Booker, 543 U.S. 220 (2005) ^ Aaron Nielson, The Death of the Supreme Court's Certified Question Jurisdiction, 59 Cath. U. L. Rev. 483 (2010), http://scholarship.law.edu/lawreview/vol59/iss2/5 ^ "US v. Penaranda, 375 F. 3d 238 - Court of Appeals, 2nd Circuit 2004 - Google Scholar". ^ Blakely v. Washington, 542 U.S. 296 (2004) ^ "United States v. Penaranda, 543 U.S. 1117 | Casetext". casetext.com. ^ "City of Mesquite v. Aladdin's Castle, Inc., 455 US 283 - Supreme Court 1982 - Google Scholar". ^ 28 U.S.C § 158 https://www.law.cornell.edu/uscode/text/28/158 ^ Bradley v. Richmond Sch. Bd., 416 U.S. 696, 711-12 (1974) ^ a b c Barbour, Emily C. (April 7, 2011), Judicial Discipline Process: An Overview (PDF), Congressional Research Service ^ 28 U.S.C. § 332 ^ 28 U.S.C. § 332(g) ^ 28 U.S.C. § 332(1)(a) External links[edit] Wikimedia Commons has media related to United States courts of appeals. Info about U.S. courts History of the Federal Judiciary (Federal Judicial Center) Official site of the United States Courts United States Appeals Courts @ OpenJurist Federal Court Concepts, Georgia Tech v t e United States courts of appeals 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th DC Federal v t e Judges of the United States courts of appeals 1st Circuit Active Howard Lynch Thompson Kayatta Barron 1 seat vacant Senior Campbell Selya Boudin Stahl Lipez 2nd Circuit Active Livingston Cabranes Pooler Hall Chin Lohier Carney Sullivan Bianco Park Nardini Menashi 1 seat vacant Senior Newman Kearse Walker Jacobs Leval Calabresi Straub Sack Katzmann Parker Raggi Wesley Lynch 3rd Circuit Active Smith McKee Ambro Chagares Jordan Hardiman Greenaway Shwartz Krause Restrepo Bibas Porter Matey Phipps Senior Sloviter Stapleton Greenberg Scirica Cowen Nygaard Roth Rendell Fuentes Fisher 4th Circuit Active Gregory Wilkinson Niemeyer Motz King Agee Keenan Wynn Diaz Floyd Thacker Harris Richardson Quattlebaum Rushing Senior Traxler Shedd 5th Circuit Active Owen Jones Smith Stewart Dennis Elrod Southwick Haynes Graves Higginson Costa Willett Ho Duncan Engelhardt Oldham Wilson Senior King Higginbotham Jolly Davis Duhé Barksdale Wiener Benavides Clement 6th Circuit Active Cole Moore Clay Gibbons Sutton Griffin Kethledge White Stranch Donald Thapar Bush Larsen Nalbandian Readler Murphy Senior Merritt Wellford Guy Ryan Boggs Norris Suhrheinrich Siler Batchelder Daughtrey Gilman Rogers Cook McKeague 7th Circuit Active Sykes Easterbrook Kanne Rovner Wood Hamilton Brennan Scudder St. Eve Kirsch 1 seat vacant Senior Bauer Flaum Ripple Manion 8th Circuit Active Smith Loken Colloton Gruender Benton Shepherd Kelly Erickson Grasz Stras Kobes Senior Bowman Wollman Beam Hansen Arnold Riley Melloy 9th Circuit Active Thomas Graber McKeown Wardlaw Fletcher Gould Paez Berzon Rawlinson Callahan M. 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