United States Court of Appeals for the Third Circuit

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# United States Court of Appeals for the Third Circuit

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Third Circuit

Court of Appeals
Judgeships
Posts: 14
Judges: 13
Vacancies: 1
Judges
Chief: Michael Chagares
Active judges: Thomas Ambro, Stephanos Bibas, Michael Chagares, Joseph Greenaway, Thomas Hardiman, Kent Jordan, Cheryl Ann Krause, Paul Matey, Theodore McKee, Peter Phipps, David Porter, Luis Felipe Restrepo, Patty Shwartz

Senior judges:
Robert Cowen, D. Michael Fisher, Julio Fuentes, Richard Nygaard, Marjorie Rendell, Jane Roth, Anthony Scirica, Dolores Sloviter, David Brooks Smith, Walter Stapleton

The United States Court of Appeals for the Third Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

Appeals are heard in the James A. Byrne Federal Courthouse in Philadelphia, Pennsylvania. It shares a courthouse with the United States District Court for the Eastern District of Pennsylvania.

One judge of the Third Circuit went on to serve on the Supreme Court of the United States. Samuel Alito was appointed to the Supreme Court in 2006 by George W. Bush (R).

This page contains the following information on the Third Circuit.

* An overview of the court's jurisdiction
* A list of the court's active and senior judges
* A list of the court's current vacancies
* A brief history of the court
* Case reversal statistics by the Supreme Court of the United States
* Noteworthy cases heard by the court
* A list of the court's former judges
* Information about U.S. Courts of Appeals
* Where the court is located

## Vacancies

See also: Current federal judicial vacancies

There is one current vacancy on the Third Circuit, out of the court's 14 authorized judicial posts.

### Pending nominations

There are no pending nominees for this court.

## Active judges

### Article III judges

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

Theodore McKee

Bill Clinton (D)

|  June 9, 1994 -  |

State University of New York, Cortland, 1969

Syracuse University College of Law, 1975

Thomas Ambro

Bill Clinton (D)

|  February 16, 2000 -  |

Georgetown University, 1971

Georgetown University Law Center, 1975

Michael Chagares

George W. Bush (R)

|  April 20, 2006 -  |

Gettysburg College, 1984

Seton Hall University School of Law, 1987

Kent Jordan

George W. Bush (R)

|  December 13, 2006 -  |

Brigham Young University, 1981

Georgetown University Law Center, 1984

Thomas Hardiman

George W. Bush (R)

|  April 2, 2007 -  |

University of Notre Dame, 1987

Georgetown University Law Center, 1990

Joseph Greenaway

Barack Obama (D)

|  February 12, 2010 -  |

Columbia College, 1978

Harvard Law School, 1981

Patty Shwartz

Barack Obama (D)

|  April 10, 2013 -  |

Rutgers University, 1983

University of Pennsylvania Law School, 1986

Cheryl Ann Krause

Barack Obama (D)

|  July 9, 2014 -  |

University of Pennsylvania, 1989

Stanford Law School, 1993

Luis Felipe Restrepo

Barack Obama (D)

|  January 13, 2016 -  |

University of Pennsylvania, 1981

Tulane University Law School, 1986

Stephanos Bibas

Donald Trump (R)

|  November 20, 2017 -  |

Columbia University, 1989

Yale Law School, 1994

David Porter

Donald Trump (R)

|  October 15, 2018 -  |

Grove City College, 1988

George Mason University, Antonin Scalia Law School, 1992

Paul Matey

Donald Trump (R)

|  March 18, 2019 -  |

University of Scranton, 1993

Seton Hall University School of Law, 2001

Peter Phipps

Donald Trump (R)

|  July 17, 2019 -  |

University of Dayton, 1995

Stanford Law School, 1998

#### Active Article III judges by appointing political party

Below is a display of the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

* Democrat appointed: 6
* Republican appointed: 7

### Senior judges

Senior status is a classification for federal judges at all levels who are semi-retired. Senior judges are Article III judges who, having met eligibility through age and service requirements, continue to serve on federal courts while typically hearing a reduced number of cases. Some senior judges, however, elect to retain a full caseload after taking senior status. According to the Administrative Office of U.S. Courts, senior judges "typically handle about 15 percent of the federal courts' workload annually."[1] The date listed under assumed office in the table below reflects the date that the judge took senior status.

Judge | Appointed By | Assumed Office | Bachelors | Law

|
|
|
|

Robert Cowen

Ronald Reagan (R)

|  September 4, 1998 -  |

Drake University, 1952

Rutgers University School of Law, 1958

Walter Stapleton

Richard Nixon (R)

|  June 2, 1999 -  |

Princeton University, 1956

Harvard Law School, 1959

Richard Nygaard

Ronald Reagan (R)

|  July 9, 2005 -  |

University of Southern California, 1969

University of Michigan Law, 1971

Jane Roth

George H.W. Bush (R)

|  May 31, 2006 -  |

Smith College, 1956

Harvard Law School, 1965

Dolores Sloviter

Jimmy Carter (D)

|  June 21, 2013 -  |

Temple University, 1953

University of Pennsylvania Law School, 1956

Anthony Scirica

Ronald Reagan (R)

|  July 1, 2013 -  |

Wesleyan University, 1962

University of Michigan Law School, 1965

Marjorie Rendell

Bill Clinton (D)

|  July 1, 2015 -  |

University of Pennsylvania, 1969

Villanova University School of Law, 1973

Julio Fuentes

Bill Clinton (D)

|  July 18, 2016 -  |

Southern Illinois University, 1971

State University of New York, Buffalo School of Law, 1975

D. Michael Fisher

George W. Bush (R)

|  February 1, 2017 -  |

Georgetown University, 1966

Georgetown University Law Center, 1969

David Brooks Smith

|  |  December 4, 2021 -  |

Franklin and Marshall College, 1973

Dickinson School of Law, 1976

#### Senior judges by appointing political party

Below is a display of the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

* Democrat appointed: 3
* Republican appointed: 7

### Former judges

For more information on former judges, see former federal judges of the Third Circuit.

## Jurisdiction

Map of the Third Circuit. Click on a district to find out more about it.

The Third Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Third Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Third Circuit.

The United States Court of Appeals for the Third Circuit has appellate jurisdiction over the United States district court in the following federal judicial districts:

* District of Delaware
* District of New Jersey
* Eastern District of Pennsylvania
* Middle District of Pennsylvania
* Western District of Pennsylvania

It also has appellate jurisdiction over the United States District Court for the U.S. Virgin Islands which, in spite of the name, is a territorial court and belongs to no federal judicial district.

## Caseloads

This section contains court management statistics dating back to 2010. It was last updated in April 2021. Click [show] below for more information on caseload terms and definitions.

Caseload statistics explanation

Term  | Explanation
Cases filed and terminated | The number of civil and criminal lawsuits formally initiated or decided by the court in a calendar year. The chart below reflects the table columns Cases filed and Cases terminated.
Average time from filing to disposition | The average amount of time, in months, from a case's date of filing to date of disposition (acquittal, sentencing, dismissal, etc.). The chart below reflects the table columns Median time (Criminal) and Median time (Civil).
Starting case load | The number of cases pending from the previous calendar year.
Cases filed | The number of civil and criminal lawsuits formally initiated in a calendar year.
Cases terminated | The total number of civil and criminal lawsuits decided by the court in a calendar year.
Remaining cases | The number of civil and criminal cases pending at the end of a given year.
Median time (Criminal) | The average amount of time, in months, from a case's date of filing to the date of disposition. In criminal cases, the date of disposition occurs on the day of sentencing or acquittal/dismissal.
Median time (Civil) | The average amount of time, in months, from a case's date of filing to the date of disposition.
Three-year civil cases | The number and percent of civil cases that were filed more than three years before the end of the given calendar year.
Vacant posts | The number of months during the year an authorized judgeship was vacant.
Trial/Post | The number of trials completed divided by the number of authorized judgeships on the court. Trials include evidentiary trials, hearings on temporary restraining orders, and preliminary injunctions.

Source: United States Courts, "Explanation of the Judicial Caseload Profiles for United States District Courts," accessed September 25, 2018

United States Court of Appeals for the Third Circuit caseload stats, 2010-2019

Year | Appeals Filed | Appeals Terminated | Pending Appeals | Terminations on the Merits (per Active Judge) | Procedural Terminations (per Active Judge) | Total Written Decisions (per Active Judge) | Number of Judgeships | Number of Sitting Senior Judges | Number of Vacant Judgeship Months | Median Time From Filing Notice of Appeal to Disposition
2010 | 3,885 | 4,252 | 2,894 | 428 | 147 | 144 | 14 | 9 | 5 | 12
2011 | 3,722 | 4,158 | 2,434 | 442 | 113 | 133 | 14 | 10 | 6 | 9
2012 | 3,699 | 3,691 | 2,419 | 440 | 55 | 141 | 14 | 10 | 12 | 8
2013 | 3,910 | 4,214 | 2,099 | 590 | 76 | 192 | 14 | 12 | 16 | 6
2014 | 3,962 | 3,262 | 2,809 | 427 | 51 | 147 | 14 | 11 | 6 | 7
2015 | 3,216 | 3,380 | 2,645 | 318 | 43 | 108 | 14 | 10 | 18 | 8
2016 | 3,544 | 3,289 | 2,898 | 393 | 52 | 139 | 14 | 11 | 18 | 7
2017 | 2,936 | 3,639 | 2,196 | 465 | 49 | 124 | 14 | 9 | 35 | 11
2018 | 2,930 | 2,713 | 2,414 | 321 | 49 | 104 | 14 | 10 | 21 | 8
2019 | 3,609 | 3,674 | 2,350 | 512 | 49 | 140 | 14 | 9 | 14 | 10
Average | 3,541 | 3,627 | 2,516 | 434 | 68 | 137 | 14 | 10 | 15 | 8

## History

### Court history

The Third Circuit was established by the United States Congress in 1891 with the Evarts Act of 1891, which established the first nine appeals circuits. Over the years, twelve additional seats were added to the court resulting in a total of fourteen seats.[2]

### Judicial posts

The following table highlights the development of judicial posts for the Third Circuit:

Year  | Statute  | Total Seats

|
|

March 3, 1891 | 26 Stat. 826  | 2
February 23, 1899 | 30 Stat. 846  | 3
June 10, 1930 | 46 Stat. 538  | 4
June 24, 1936 | 49 Stat. 1903  | 5
December 7, 1944 | 58 Stat. 796  | 6
August 3, 1949 | 63 Stat. 493  | 7
May 19, 1961 | 75 Stat. 80  | 8
June 18, 1968 | 82 Stat. 184  | 9
October 20, 1978 | 92 Stat. 1629  | 10
July 10, 1984 | 98 Stat. 333  | 12
December 1, 1990 | 104 Stat. 5089  | 14

[2]

## Reversal rate

See also: SCOTUS case reversal rates (2007 - Present)

Since 2007, SCOTUS has released opinions in 1,062 cases. Of those, it reversed a lower court decision 751 times (70.7 percent) while affirming a lower court decision 303 times (28.5 percent).

In that time period, SCOTUS has decided 51 cases originating from the Third Circuit, affirming in 16 cases and reversing in 35 cases, for a reversal rate of 68.6 percent. At the end of the 2020 term, the Third Circuit had the seventh highest reversal rate of the 13 federal circuit courts of appeal.

Below is the total data ranging from 2007 to present listed by the circuit where the case originated. It also contains data from state courts, U.S. district courts, and original jurisdiction cases. It was compiled from end-of-term data gathered by SCOTUSblog.

SCOTUS decisions by circuit (2007 - Present)

Court  | Decided  | Affirmed  | Reversed  | Percent Reversed
First Circuit | 27 | 13 | 14 | 51.9%
Second Circuit | 76 | 28 | 48 | 63.2%
Third Circuit | 51 | 16 | 35 | 68.6%
Fourth Circuit | 51 | 21 | 30 | 58.8%
Fifth Circuit | 79 | 23 | 56 | 70.9%
Sixth Circuit | 74 | 14 | 60 | 81.1%
Seventh Circuit | 48 | 17 | 31 | 64.6%
Eighth Circuit | 47 | 11 | 36 | 76.6%
Ninth Circuit | 207 | 43 | 164 | 79.2%
Tenth Circuit | 39 | 15 | 24 | 61.5%
Eleventh Circuit | 73 | 22 | 51 | 69.9%
D.C. Circuit | 47 | 16 | 31 | 66.0%
Federal Circuit | 58 | 16 | 42 | 72.4%
Armed Forces | 3 | 2 | 1 | 33.3%
State Court | 150 | 37 | 113 | 75.3%
U.S. District Court | 22 | 7 | 15 | 68.2%
Original Jurisdiction | 10 | 2 | N/A | N/A
Total  | 1,062  | 303  | 751  | 70.7%

## Noteworthy cases

The following are noteworthy cases heard before this court. To suggest cases we should cover here, email us. To read opinions published by this court, click here.

• Dismissal of suit over mandatory retirement age for PA judges affirmed (2014)
Judge(s):Thomas Ambro, Kent Jordan, and Jane Roth (Lerner, at al v. Corbett, et al, 13-4184)
| Click for summary→

|

On April 29, 2014, a three-judge panel of the Third Circuit composed of Judges Thomas Ambro, Kent Jordan, and Senior Judge Jane Roth, upheld a decision rendered by Judge John E. Jones, III of the Middle District of Pennsylvania to dismiss a suit brought by a group of Pennsylvania judges challenging the state's retirement age law.[3]

In the underlying case, the plaintiffs alleged that their forced retirement at the age of 70 was based on preconceived notions of senior citizens’ deteriorating cognitive abilities, relying heavily on the Age Discrimination in Employment Act. Judge Jones found those arguments "unconvincing," further noting that the plaintiffs did not have a due process claim as they did not have a constitutionally protected property interest in continued judicial employment.[3]

In an opinion written by Judge Ambro, the plaintiff judges' claims were again rebuked, with Ambro stating that their Fourteenth Amendment rights had not been violated. Judge Ambro found that the plaintiffs' claims that opinions reached in United States v. Windsor and Shelby County v. Holder served as intervening authority failed as a matter of law.[3]

• Computer hacker's conviction and sentence vacated for lack of proper venue (2014)
Judge(s):Joseph Greenaway, Thomas Vanaskie, and Michael Chagares (U.S. v. Auernheimer, 13-1816)
| Click for summary→

|

On April 11, 2014, a three-judge panel of the Third Circuit, composed of Judges Joseph Greenaway, Thomas Vanaskie, and Michael Chagares, vacated a hacker's conviction and prison sentence on charges relating to the Computer Fraud and Abuse Act (CFAA).[4]

In the underlying case, in June 2010, Andrew “weev” Auernheimer and co-conspirator Daniel Spiller discovered a security flaw on AT&T's network server that allowed them to obtain the email addresses of 114,000 iPad users. Auernheimer emailed the details of their find to several media outlets, and shared the full list of emails generated with a writer from Gawker, a news and gossip website. While Auernheimer resided in Arkansas and the servers affected were located in Texas and Georgia, he was prosecuted in New Jersey federal court, which Auernheimer argued was an improper venue under the circumstances. The District of New Jersey rationalized this course of action by saying that the email addresses of 4,500 New Jersey residents appeared on Auernheimer's list.[4]

In 2012, a jury convicted Auernheimer of identity fraud and conspiracy to access a computer without authorization, and in March 2013, he was sentenced by Judge Susan Wigenton to forty-one months in prison. On appeal to the Third Circuit, the three-judge panel found that Auernheimer's conviction must be vacated because of improper venue. Writing for the court in a precedential decision, Judge Chagares noted that New Jersey was "not the site of either essential conduct element" of the CFAA -- Auernheimer neither accessed nor obtained the unauthorized information in the state at any time.[4] Chagares continued, writing:

| “  | [E]ven assuming that defective venue could be amenable to harmless error review, the venue error here clearly affected Auernheimer’s substantial rights. ... The venue error in this case is not harmless because there was no evidence that any of the essential conduct elements occurred in New Jersey. If Auernheimer’s jury had been properly instructed on venue, it could not have returned a guilty verdict; the verdict rendered in this trial would have been different.[4][5] | ”

|
|

Auernheimer was released after having spent thirteen months in prison.[4]

• Judges agree that non-fiction book about known affair isn't defamatory (2014)
Judge(s):Thomas Ambro, Michael Fisher, and Thomas Hardiman (Crecenz v. Penguin Group, Inc.; Capuzzo, 13-1242)
| Click for summary→

|

On March 26, 2014, a three-judge panel of the Third Circuit, composed of Judges Thomas Ambro, Michael Fisher, and Thomas Hardiman, ruled that a non-fiction book was not defamatory even though it addressed a married woman's affair with her boss.[6]

In the underlying case, Penguin Group published a book written by Michael Capuzzo called "The Murder Room: The Heirs of Sherlock Holmes Gather to Solve the World's Most Perplexing Cold Cases," in August 2010. The book recounted the work of the Vidocq Society, a Philadelphia-based forensic group, and its founding member, Frank Bender. Bender's assistant, Joan Crecenz, filed a lawsuit in 2011, alleging that she was defamed and suffered false light invasion of privacy as a result of Capuzzo's "reckless casting" of her as one of her boss's "girlfriends." During the course of the litigation, however, additional facts were disclosed concerning Crecenz's sexual relationship with Bender, and Judge Noel Hillman of the District of New Jersey awarded summary judgment to Penguin Group and Capuzzo.[6]

Crecenz appealed to the Third Circuit, which affirmed the ruling. Judge Hardiman, on behalf of the majority, wrote:[6]

| “  | [W]e agree with the District Court that summary judgmentis appropriate because Capuzzo possessed overwhelming evidence of a sexual relationship between Bender and Crescenz, and because Crescenz has failed to refute that evidence. Even if a jury could credit Crescenz’s testimony and find the allegations of a sexual relationship false, no reasonable jury could find that Capuzzo was negligent in ascertaining the truth of his statements. Accordingly, the District Court did not err in granting summary judgment to Capuzzo on Crescenz’s defamation claim.[5] | ”

|
|

• FBI's racial profiling records kept under wraps (2013)
Judge(s):D. Brooks Smith, Dolores Sloviter, and Jane Roth (ACLU of New Jersey v. FBI, DOJ, 12-4345)
| Click for summary→

|

On October 23, 2013, in a precedential opinion, a three-judge panel of the Third Circuit, composed of Judge D. Brooks Smith and Senior Judges Dolores Sloviter and Jane Roth, found that documents requested by the American Civil Liberties Union of New Jersey (ACLU) from the Federal Bureau of Investigation (FBI) under a Freedom of Information Act (FOIA) request were properly withheld. In the underlying case, the ACLU filed a FOIA request seeking access to records concerning the "FBI's use of ethnic and racial data" in its "limited racial and ethnic profiling" as authorized by the 9/11 Commission's final report. The FBI identified 782 pages of documents related to the ACLU's request, but released only 312 pages, citing 186 pages as duplicative and 284 pages as exempt from disclosure. The ACLU filed suit in May 2011, seeking access to all of the documents identified by the FBI. Citing several exemptions to FOIA rules, the FBI filed a motion for summary judgment. This prompted the ACLU to file a cross-motion for summary judgment, requesting that presiding Judge Esther Salas of the District of New Jersey review the documents privately. The ACLU further requested that Salas use a "Glomar-like" procedure in chambers. Judge Salas refused, and granted the FBI's motion for summary judgment. The ACLU filed an appeal. Writing for three-judge panel of the Third Circuit, Judge Smith rejected the ACLU's "novel [Glomarization] proposal," and stated that "ample evidence" was available in support of Judge Salas' decision. Smith further noted that it would be "hard to imagine how the FBI could provide a more detailed justification for withholding information under this exemption without compromising the very information it sought to protect."[7][8]

### Before the U.S. Supreme Court

This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.

#### 2021-2022 term

See also: Supreme Court cases, October term 2021-2022

The following cases were scheduled for argument before the U.S. Supreme Court during the 2021-2022 term.

2021-2022 U.S. Supreme Court cases from the 9th Circuit

Case  | Opinion author  | Decision  | Vote
Johnson v. Arteaga-Martinez | TBD  | TBD  | TBD

#### 2020-2021 term

See also: Supreme Court cases, October term 2020-2021

The following cases were heard before the U.S. Supreme Court during the 2020-2021 term.

2020-2021 U.S. Supreme Court cases from the 3rd Circuit

Case  | Opinion author  | Decision  | Vote
Fulton v. City of Philadelphia, Pennsylvania | Chief Justice John Roberts | reversed and remanded | 9-0
Carney v. Adams | Stephen Breyer | vacated and remanded | 8-0
FCC v. Prometheus Radio Project
(Consolidated with National Association of Broadcasters v. Prometheus Radio Project)  | Brett Kavanaugh | reversed | 9-0
Sanchez v. Mayorkas | Elena Kagan | affirmed | 9-0
Mahanoy Area School District v. B.L. | Stephen Breyer | affirmed | 8-1
PennEast Pipeline Co. v. New Jersey | John Roberts | reversed and remanded | 5-4

#### 2019-2020 term

See also: Supreme Court cases, October term 2019-2020

The following cases were heard before the U.S. Supreme Court during the 2019-2020 term.

2019-2020 U.S. Supreme Court cases from the 3rd Circuit

Case  | Opinion author  | Decision  | Vote
Rotkiske v. Klemm | Clarence Thomas | affirmed | 8-1
CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd. | Sonia Sotomayor | affirmed | 7-2
Kelly v. United States | Elena Kagan | reversed and remanded | 9-0
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (Consolidated with Trump v. Pennsylvania)  | Clarence Thomas | reversed and remanded | 7-2

## Former judges

### Former chief judges

In order to qualify for the office of chief judge in one of the federal courts, 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. A statutory change in the 1950s created the seven-year term. 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.[9]

* Brooks Smith \- (2016-2021)
* Theodore McKee \- (2010-2016)
* Anthony Scirica \- (2003-2010)
* Edward Becker \- (1998-2003)
* Dolores Sloviter \- (1991-1998)
* Aloysius Higginbotham \- (1990-1991)

* John Gibbons (Third Circuit) \- (1987-1990)
* Ruggero Aldisert \- (1984-1986)
* Collins Seitz \- (1971-1984)
* William Hastie \- (1968-1971)
* Austin Staley \- (1966-1967)
* Harry Kalodner \- (1965-1966)
* John Biggs \- (1948-1965)

|

## Federal courthouse

The Third Circuit shares the James A. Byrne Federal Courthouse with the Eastern District of Pennsylvania located in Center City Philadelphia, Pennsylvania. The courthouse was designed by LZA Technology and opened in 1975 as part of the Bicentennial of the Declaration of Independence celebration.[10][11]

## About United States Courts of Appeals

The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal courts. The court of appeals was originally created in 1891 and has grown to include thirteen courts.

A court of appeals decides appeals from any of the district courts that are in its federal judicial circuit. The appeals courts also can hear appeals from some administrative agencies. Decisions of the federal appeals courts can, in turn, be appealed to the Supreme Court of the United States.

There are thirteen United States courts of appeals. In addition, there are other federal courts (such as the Court of Appeals for the Armed Forces, which hears appeals in court-martial cases) that have "Court of Appeals" in their titles.

The eleven "numbered" circuits and the D.C. Circuit are defined by geography. The thirteenth court of appeal is the Court of Appeals for the Federal Circuit. This court has nationwide jurisdiction over certain types of appeals based on what the underlying legal case is about.

All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking. The largest share of this type of case is heard by the D.C. Circuit. The Federal Circuit hears appeals from specialized trial courts, primarily the Court of International Trade and the Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters.

Federal circuit court judges are appointed for life. They are paid approximately $179,500 annually. At the age of 65, a federal judge may choose to retire with his or her full salary. Judges may also choose to go on senior status at age 65, if they have served actively for 15 years.[12]

### Appointments by president

The chart below shows the number of appeals court judges confirmed by the U.S. Senate through December 1 of the first year of each president's term in office. At this point in the term, Presidents Trump and Biden had made the most appeals court appointments with nine. President Reagan had six, Presidents H.W. Bush and W. Bush had five, and Presidents Clinton and Obama had three.

### Judges by circuit

See also: Judicial vacancies in federal courts

The table below displays the number of judges in each circuit and indicates how many were appointed by presidents from each major political party. It also includes the number of vacancies on a circuit and how many pending nominations for that circuit are before the United States Senate. The table can be sorted by clicking the column headers above the line. It is updated every Monday.

## See also

* Federal courts
* Federal judge
* United States Court of Appeals
* District of Delaware
* District of New Jersey
* Eastern District of Pennsylvania
* Middle District of Pennsylvania
* Western District of Pennsylvania

## External links

* Official Website of the Third Circuit Court of Appeals
* List of Third Circuit Judges
* Opinions of the Third Circuit
* Federal Judicial Center - About the Third Circuit

## Footnotes

1. ↑ United States Courts, "FAQs: Federal Judges: What is a senior judge?" accessed December 19, 2016
2. ↑ 2.0 2.1 Federal Judicial Center, "U.S. Court of Appeals for the Third Circuit: Legislative History," accessed May 5, 2021
3. ↑ 3.0 3.1 3.2 PennLive.com, "U.S. Appeals Court backs Pa. judge retirement mandate," April 29, 2014
4. ↑ 4.0 4.1 4.2 4.3 4.4 RT, "AT&T hacker ‘weev’ to walk free after appeals court agrees to vacate conviction," April 11, 2014
5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
6. ↑ 6.0 6.1 6.2 Courthouse News Service, "Exposing Not-So Secret Affair Isn't Defamatory," April 22, 2014 (archived)
7. ↑ Courthouse News Service, "ACLU Sues FBI for Racial Profiling Info," May 6, 2011
8. ↑ Courthouse News Service, "Court Keeps a Lid on FBI's Racial Profiling Records," October 25, 2013 (archived)
9. ↑ United States Courts, "Frequently Asked Questions," accessed April 23, 2021
10. ↑ Third Branch News, "Appellate Court Saves Money by Making Chambers Space Go Farther," December 4, 2013
11. ↑ Courthouse News Service, "3rd Circuit Saves Money by Sharing Offices," December 10, 2013 (archive)
12. ↑ United States Courts, "FAQs: Federal Judges," accessed May 5, 2021

v • e

Federal judges who have served the U.S. Court of Appeals for the Third Circuit

|

Active judges|

Chief Judge: Michael Chagares • Joseph Greenaway • Patty Shwartz • Felipe Restrepo • Theodore McKee • Thomas Ambro • Kent Jordan • Thomas Hardiman • Cheryl Ann Krause • Stephanos Bibas • Peter Phipps • Paul Matey • David Porter (Third Circuit)

Senior judges|

Anthony Scirica • Walter Stapleton (federal judge) • Robert Cowen • Jane Roth • Richard Nygaard • Dolores Sloviter • Marjorie Rendell • Julio Fuentes • Brooks Smith • D. Michael Fisher •

Former judges|  Samuel Alito • Thomas Vanaskie • Marcus Wilson Acheson • Joseph Weis (Third Circuit) • Morton Greenberg • Ruggero Aldisert • Maryanne Trump Barry • Joseph Buffington • George Mifflin Dallas • Timothy Lewis (Pennsylvania) • Lee Sarokin • James Hunter • James Rosen • Michael Chertoff • Robert Wodrow Archbald • George Gray (Third Circuit) • John Bayard McPherson • William Mershon Lanning • Joseph Whitaker Thompson • John Warren Davis (Third Circuit) • Thomas Griffith Haight • Victor Baynard Woolley • William Clark (New Jersey) • Harry Kalodner • Phillip Forman • Albert Maris • John Biggs • Francis Biddle • William Francis Smith • Edward Becker • Abraham Freedman • James Ganey • Francis Van Dusen • Aloyisus Higginbotham • Carol Mansmann • Herbert Goodrich • Arlin Adams • John Gibbons (Third Circuit) • William Hastie • William Hutchinson • Charles Alvin Jones • Gerald McLaughlin • John O'Connell • Max Rosenn • Collins Seitz • David Stahl (Third Circuit) • Austin Staley •
Former Chief judges|

Anthony Scirica • Ruggero Aldisert • Dolores Sloviter • Theodore McKee • Brooks Smith • Harry Kalodner • John Biggs • Edward Becker • Aloyisus Higginbotham • John Gibbons (Third Circuit) • William Hastie • Collins Seitz • Austin Staley •

v • e

U.S. Circuit Courts and District Courts

First Circuit

District of Maine • District of Massachusetts • District of New Hampshire • District of Puerto Rico • District of Rhode Island

Second Circuit

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

District of Delaware • District of New Jersey • Eastern District of Pennsylvania • Middle District of Pennsylvania • Western District of Pennsylvania

Fourth Circuit

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

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

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

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

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

District of Alaska • District of Arizona • Central District of California • Eastern District of California • Northern District of California • Southern District of California • District of Hawaii • District of Idaho • District of Montana • District of Nevada • District of Oregon • Eastern District of Washington • Western District of Washington

Tenth Circuit

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

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

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