United States Court of Appeals for the Third Circuit

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United States Court of Appeals for the Third Circuit
(3d Cir.)
Seal of the United States Court of Appeals for the Third Circuit.svg
3rd Circuit map.svg
LocationJames 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
EstablishedJune 16, 1891
Judges14
Circuit JusticeSamuel Alito
Chief JudgeD. Brooks Smith
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 February 1, 2021:[2][3]

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
56 Chief Judge D. Brooks Smith Duncansville, PA 1951 2002–present 2016–present — G.W. Bush
50 Circuit Judge Theodore McKee Philadelphia, PA 1947 1994–present 2010–2016 — Clinton
54 Circuit Judge Thomas L. Ambro Wilmington, DE 1949 2000–present — — Clinton
60 Circuit Judge Michael Chagares Newark, NJ 1962 2006–present — — G.W. Bush
61 Circuit Judge Kent A. Jordan Wilmington, DE 1957 2006–present — — G.W. Bush
62 Circuit Judge Thomas Hardiman Pittsburgh, PA 1965 2007–present — — G.W. Bush
63 Circuit Judge Joseph A. Greenaway Jr. Newark, NJ 1957 2010–present — — Obama
65 Circuit Judge Patty Shwartz Newark, NJ 1961 2013–present — — Obama
66 Circuit Judge Cheryl Ann Krause Philadelphia, PA 1968 2014–present — — Obama
67 Circuit Judge Luis Felipe Restrepo Philadelphia, PA 1959 2016–present — — Obama
68 Circuit Judge Stephanos Bibas Philadelphia, PA 1969 2017–present — — Trump
69 Circuit Judge David J. Porter Pittsburgh, PA 1966 2018–present — — Trump
70 Circuit Judge Paul Matey Newark, NJ 1971 2019–present — — Trump
71 Circuit Judge Peter J. Phipps Pittsburgh, PA 1973 2019–present — — Trump
38 Senior Circuit Judge Dolores Sloviter inactive 1932 1979–2013 1991–1998 2013–present Carter
41 Senior Circuit Judge Walter King Stapleton Wilmington, DE 1934 1985–1999 — 1999–present Reagan
44 Senior Circuit Judge Anthony Joseph Scirica Philadelphia, PA 1940 1987–2013 2003–2010 2013–present Reagan
45 Senior Circuit Judge Robert Cowen Trenton, NJ 1930 1987–1998 — 1998–present Reagan
46 Senior Circuit Judge Richard Lowell Nygaard Erie, PA 1940 1988–2005 — 2005–present Reagan
48 Senior Circuit Judge Jane Richards Roth Wilmington, DE 1935 1991–2006 — 2006–present G.H.W. Bush
52 Senior Circuit Judge Marjorie Rendell Philadelphia, PA 1947 1997–2015 — 2015–present Clinton
55 Senior Circuit Judge Julio M. Fuentes Newark, NJ 1946 2000–2016 — 2016–present Clinton
58 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
8 Philadelphia Theodore McKee Senior status TBD[4] – –

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

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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

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, while vacating their seats, thus allowing the president to appoint new judges to fill their seats.

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. ^ Future Judicial Vacancies
  5. ^ Jump up to: a b c d Recess appointment, confirmed by the United States Senate at a later date.
  6. ^ 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.

External links[]

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