Posted on 12/28/2005 12:19:07 PM PST by new yorker 77
Current Status of the U.S. Court of Appeals
Appellate Courts: 13
Judgeships: 179
Active Judges: 164
Vacancies: 15
Pending Nominees: 6
History Link: The U.S. Court of Appeals and the Federal Judiciary
Note: The thirteen appellate courts today have a total of 179 judgeships.
Note: There are currently 164 active judges on the thirteen appellate courts.
Note: There are currently 15 open seats on the thirteen appellate courts.
Note: Included as an open seat is the seat soon to be vacated by Judge Samuel A. Alito, Jr. from the 3rd Circuit.
Note: 2 of the 15 vacancies were created when previous Bush appointments were relocated: Judge Michael Chertoff, formerly of the 3rd Circuit is now DHS Secretary, and Judge John Glover Roberts, Jr., formerly of the DC Circuit, is now Chief Justice of the Supreme Court of the United States.
Note: While there are 15 vacancies, there may be other currently active judges who plan to assume senior status or retire altogether, which would add to the list of vacancies. That data is not shown in this post.
Note: There are 6 nominees still pending to these 15 open seats. Nominees: Terrence W. Boyle; William James Haynes, II; Claude Alexander Allen; Henry W. Saad; William Gerry Myers, III; Brett M. Kavanaugh
Status of Each Appellate Court
1st Circuit: Judgeships: 6; Active Judges: 6; Vacancies: 0; Senior Judges: 4
2nd Circuit: Judgeships: 13; Active Judges: 13; Vacancies: 0; Senior Judges: 10
3rd Circuit: Judgeships: 14; Active Judges: 12; Vacancies: 2; Senior Judges: 8
4th Circuit: Judgeships: 15; Active Judges: 13; Vacancies: 2; Senior Judges: 4
5th Circuit: Judgeships: 17; Active Judges: 16; Vacancies: 1; Senior Judges: 3
6th Circuit: Judgeships: 16; Active Judges: 15; Vacancies: 1; Senior Judges: 9
7th Circuit: Judgeships: 11; Active Judges: 10; Vacancies: 1; Senior Judges: 6
8th Circuit: Judgeships: 11; Active Judges: 11; Vacancies: 0; Senior Judges: 10
9th Circuit: Judgeships: 28; Active Judges: 24; Vacancies: 4; Senior Judges: 23
10th Circuit: Judgeships: 12; Active Judges: 11; Vacancies: 1; Senior Judges: 8
11th Circuit: Judgeships: 12; Active Judges: 12; Vacancies: 0; Senior Judges: 6
DC Circuit: Judgeships: 12; Active Judges: 9; Vacancies: 3; Senior Judges: 4
Federal Circuit: Judgeships: 12; Active Judges: 12; Vacancies: 0; Senior Judges: 4
The Following Links Direct you to the Current List of Judges for Each Appeals Court:
1st Circuit Judge Link:http://www.ca1.uscourts.gov/ - Click on Judges
2nd Circuit Judge Link:http://www.ca2.uscourts.gov/JudgesMain.htm - Click on 2d. Cir. Judges
3rd Circuit Judge Link:http://www.ca3.uscourts.gov/judgelist/coa-jdgs.pdf
4th Circuit Judge Link:http://www.ca4.uscourts.gov/Judges.htm -Click on Information - Then Click on Judges of the Court
5th Circuit Judge Link: http://www.lb5.uscourts.gov/judgebio/FifthCircuit/
6th Circuit Judge Link: http://www.ca6.uscourts.gov/internet/court_of_appeals/courtappeals_judges.htm
7th Circuit Judge Link:http://www.ca7.uscourts.gov/contact.htm 8th Circuit Judge Link:http://www.ca8.uscourts.gov/newcoa/judge.htm - Click on Eighth Circuit Judges Link on Left
9th Circuit Judge Link: http://www.ca9.uscourts.gov/ca9/Documents.nsf/174376a6245fda7888256ce5007d5470/0dbdee40d48f66408825683c0058477e?OpenDocument
10th Circuit Judge Link:http://www.ca10.uscourts.gov/judges.cfm
11th Circuit Judge Link:http://www.ca11.uscourts.gov/about/judges.php
DC Circuit Judge Link: http://www.cadc.uscourts.gov/internet/internet.nsf/Content/Stub+-+Biographical+Sketches+of+the+Judges+of+U.S.+Court+of+Appeals+for+the+DC+Circuit
Federal Circuit Judge Link:http://www.fedcir.gov/judgbios.html
Can someone tell me the difference between an active and senior judge.
So 9 of the 15 vacancies don't even have pending nominees?
Those 9 are Bush's fault aren't they, unless the vacancies are very recent.
The "history" link doesn't work..can you redo it.and thanks..
Those 9 would be filled in a timely manner if Democrats did not filibuster a third of Bush's nominees to this court already.
Bush will likely name more nominees in January or February.
Of the 9, 2 were previously occupied by Michael Chertoff-3rd Circuit and John Roberts-DC Circuit. Another is Sam Alito's seat.
Really, there are 6 vacancies Bush has yet to address with a nominee.
Go to http://www.fjc.gov/public/home.nsf/hisj
The U.S. Courts of Appeals and the Federal Judiciary
The U.S. courts of appeals were the first federal courts designed exclusively to hear cases on appeal from trial courts. In an effort to relieve the caseload burden in the Supreme Court and to handle a dramatic increase in federal filings, Congress, in the Judiciary Act of 1891, established nine courts of appeals, one for each judicial circuit. The existing circuit judges and a newly-authorized judge in each circuit were the judges of the appellate courts. The circuit justice and district judges in the circuit also were authorized to sit on the three-person courts of appeals panels. Although the act preserved the Supreme Court justices' assignment to circuits, circuit riding was no longer mandatory, and few justices attended.
The act of 1891, commonly known as the Evarts Act, gave the U.S. courts of appeals jurisdiction over the great majority of appeals from the U.S. district courts and the U.S. circuit courts. The Act sharply limited the categories of cases that could be routinely appealed to the Supreme Court, and the Judiciary Act of 1925 and later statutes continued that trend while expanding the jurisdiction of the courts of appeals. By the 1930s, the courts also had jurisdiction over administrative appeals of decisions rendered by federal regulatory agencies. The 1922 law that established the Conference of Senior Circuit Judges, the forerunner of the Judicial Conference of the United States, gave the senior judge in each circuit some formal administrative authority over the district courts in each circuit. Congress expanded the administrative responsibility of the courts of appeals judges in 1939 with the creation of the circuit judicial councils.
The courts of appeals grew in size and number as well. By the 1920s, each U.S. court of appeals had at least three assigned judgeships, thereby eliminating the need for the regular service of district judges on court of appeals panels. In 1893, Congress created a Court of Appeals of the District of Columbia. Two additional courts of appeals were created with the establishment of new regional circuits, the Tenth in 1929 and the Eleventh in 1980. In 1982, Congress combined the jurisdictions of the U.S. Court of Customs and Patent Appeals and the U.S. Court of Claims into one court, the U.S. Court of Appeals for the Federal Circuit. In recent years Congress has established commissions to examine possible changes in the structure of the courts of appeals. The Commission on Revision of the Federal Court Appellate System in 1973 recommended the division of the Fifth Circuit as well as the creation of a National Court of Appeals that would decide cases and settle inter-circuit conflicts. In 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals reported on proposals to divide the Ninth Circuit. It recommended preserving the circuit for the western states but dividing the circuit's court of appeals into regional divisions, while a "Circuit Division" with a rotating membership of Ninth Circuit judges would settle differences between the divisions.
In the Judicial Code of 1948, Congress changed the title of the federal appellate courts to the U.S. Court of Appeals for the respective Circuit. The thirteen appellate courts today have a total of 179 judgeships.
Senior Judges are former Active Judges who preside as needed.
But note that Kavanaugh's nomination has already been returned to the President, and therefore isn't currently pending.
Many thanks
That may be the case technically.
As long as a nominee has refused to withdraw consideration and continues to be resubmitted, I will consider them still pending.
Brett M. Kavanaugh
- 1st Appointed: July 25, 2003;
- FILIBUSTERED;
- Re-Appointed: February 14, 2005
He will be reappointed.
Actually, I missed the Kavanaugh rejection along with a new nominee.
Dec. 19: President Nominates Former Idaho GOP Chair to Ninth Circuit
President Bush Friday nominated former Idaho Republican Chairman N. Randy Smith, now a state trial judge, to the Ninth U.S. Circuit Court of Appeals.
If confirmed by the Senate, Smith, 56, would fill the vacancy created when Judge Stephen Trott took senior status.
http://www.metnews.com/articles/2005/smit121905.htm
That may be the case technically.
As long as a nominee has refused to withdraw consideration and continues to be resubmitted, I will consider them still pending.
Yes, I was pointing out a technicality. Of the Circuit Court nominees, 2 are presently on the Senate's Executive Calendar (Myers and Boyle) and 2 are on the Judiciary Committee docket (Haynes and Saad). Senate Rule XXXI has all nominations being returned to the President at the conclusion of a session of Congress.
I don't believe Kavanaugh was ever the subject of a failed cloture motion.
Cloture Motions on Circuit Court Nominations in 108th Congress
http://www.senate.gov/pagelayout/reference/cloture_motions/108.htm
Date Nominee Filed By Date Vote Result DEM Aye's for Cloture ------ ------- -------- ------ ----------- --------------------- Jul 21 David W. McKeague Frist Jul 22 53-44 No.162 F Miller, Nelson (NE) Jul 21 Richard A. Griffin Frist Jul 22 54-44 No.161 F Miller, Nelson (NE) Jul 20 Henry W. Saad Frist Jul 22 52-46 No.160 F Miller Jul 16 William G. Myers Frist Jul 20 53-44 No.158 F Biden, Nelson (NE) May 14 Marcia G. Cooke Kyl May 18 UC V Nov 12 Janice R. Brown Frist Nov 14 53-43 No.452 F Miller, Nelson (NE) Nov 12 Carolyn B. Kuhl Frist Nov 14 53-43 No.451 F Miller, Nelson (NE) Nov 12 Priscilla R. Owen Frist Nov 14 53-42 No.450 F Miller, Nelson (NE) Nov 04 William H. Pryor Santorum Nov 06 51-43 No.441 F Miller, Nelson (NE) Oct 28 Charles W. Pickering McConnell Oct 30 54-43 No.419 F Breaux, Miller Jul 30 Carolyn B. Kuhl Frist Jul 31 UC V Jul 29 William H. Pryor McConnell Jul 31 53-44 No.316 F Miller, Nelson (NE) Jul 28 Miguel A. Estrada Sessions Jul 30 55-43 No.312 F Breaux, Miller, Nelsons (NE/FL) Jul 25 Priscilla R. Owen Hatch Jul 29 53-43 No.308 F Miller, Nelson (NE) Jun 27 Victor J. Wolski Frist Jul 08 UC V May 06 Priscilla R. Owen McConnell May 08 52-45 No.144 F Miller, Nelson (NE) May 06 Miguel A. Estrada McConnell May 08 54-43 No.143 F Breaux, Miller, Nelsons (NE/FL) May 01 Miguel A. Estrada McConnell May 05 52-39 No.140 F Breaux, Nelsons (NE/FL) Apr 29 Priscilla R. Owen McConnell May 01 52-44 No.137 F Miller, Nelson (NE) Mar 31 Miguel A. Estrada Bennett Apr 02 55-44 No.114 F Breaux, Miller, Nelsons (NE/FL) Mar 13 Miguel A. Estrada Frist Mar 18 55-45 No. 56 F Breaux, Miller, Nelsons (NE/FL) Mar 11 Miguel A. Estrada Frist Mar 13 55-42 No. 53 F Breaux, Miller, Nelsons (NE/FL) Mar 04 Miguel A. Estrada Frist Mar 06 55-44 No. 40 F Breaux, Miller, Nelsons (NE/FL)
I count a threatened FILIBUSTER as a FILIBUSTER.
A Cloture Vote is the finished product.
I do not limit their obstruction to a floor vote.
Boyle and Haynes fits that bill too, as does Kavanaugh as you noted. I would say that any judge that fails to come up for a vote has been filibustered; becuase that is the only reason for not voting on the nomination.
Myers and Saad were subjected to failed cloture votes in the 108th Congress - and for them you'll get near unanimous agreement that their nominations were openly filibustered.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.