United States Court of Appeals for the Eighth Circuit

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Eighth Circuit
Court of Appeals
US-CourtOfAppeals-8thCircuit-Seal.png
Judgeships
Posts: 11
Judges: 11
Vacancies: 0
Judges
Chief: Lavenski Smith
Active judges: William D. Benton, Steven Colloton, Ralph Erickson, L. Steven Grasz, Raymond Gruender, Jane Kelly, Jonathan Kobes, James Loken, Bobby Shepherd, Lavenski Smith, David Stras

Senior judges:
Morris Arnold, Clarence Arlen Beam, Pasco Bowman, David Hansen, Michael Melloy, William Riley, Roger Wollman


The United States Court of Appeals for the Eighth 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.

The Eighth Circuit has 11 authorized judicial posts. The chief judge of the court is Lavenski Smith, who was appointed by President George W. Bush (R). Four of the judges on the court were appointed by Donald Trump (R).

Appeals are heard in the Thomas Eagleton U.S. Courthouse in St. Louis, Missouri.

Three judges of the Eighth Circuit went on to serve on the Supreme Court of the United States. Willis Van Devanter was appointed to the Supreme Court in 1910 by William Howard Taft, Charles Evans Whittaker was appointed in 1957 by Dwight Eisenhower, and Harry Blackmun was appointed in 1970 by Richard Nixon.

This page contains the following information on the Eighth Circuit.

Vacancies[edit]

See also: Current federal judicial vacancies

There are no current vacancies on the Eighth Circuit, out of the court's 11 judicial positions.

Pending nominations[edit]

There are no pending nominees for this court.


Active judges[edit]

Article III judges[edit]

Judge Appointed By Assumed Office Bachelors Law

James Loken

George H.W. Bush (R)

October 17, 1990

University of Wisconsin, 1962

Harvard Law School, 1965

Lavenski Smith

George W. Bush (R)

July 19, 2002

University of Arkansas, 1981

University of Arkansas School of Law, 1987

Steven Colloton

George W. Bush (R)

September 10, 2003

Princeton University, 1985

Yale Law School, 1988

Raymond Gruender

George W. Bush (R)

June 5, 2004

Washington University of St. Louis, 1984

Washington University of St. Louis, 1987

William D. Benton

George W. Bush (R)

July 2, 2004

Northwestern University, 1972

Yale Law School, 1975

Bobby Shepherd

George W. Bush (R)

October 10, 2006

Ouachita Baptist University, 1973

University of Arkansas School of Law, 1975

Jane Kelly

Barack Obama (D)

April 25, 2013

Duke University, 1987

Harvard Law School, 1991

Ralph Erickson

Donald Trump (R)

October 12, 2017

Jamestown College, 1980

University of North Dakota School of Law, 1984

L. Steven Grasz

Donald Trump (R)

January 3, 2018

University of Nebraska, Lincoln, 1984

University of Nebraska College of Law, 1989

David Stras

Donald Trump (R)

January 31, 2018

University of Kansas, 1995

University of Kansas, School of Law, 1999

Jonathan Kobes

Donald Trump (R)

December 12, 2018

Dordt College, 1996

Harvard Law School, 2000


Active Article III judges by appointing political party[edit]

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: 1
  • Republican appointed: 10

Senior judges[edit]

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

Clarence Arlen Beam

Ronald Reagan (R)

February 1, 2001

University of Nebraska, 1951

University of Nebraska College of Law, 1965

David Hansen

George H.W. Bush (R)

April 1, 2003

Northwest Missouri State University, 1960

George Washington University Law Center, 1963

Pasco Bowman

Ronald Reagan (R)

August 1, 2003

Bridgewater College, 1955

New York University School of Law, 1958

Morris Arnold

George H.W. Bush (R)

October 9, 2006

University of Arkansas, 1965

University of Arkansas School of Law, 1968

Michael Melloy

George W. Bush (R)

February 1, 2013

Loras College, 1970

University of Iowa College of Law, 1974

William Riley

George W. Bush (R)

June 30, 2017

University of Nebraska, 1969

University of Nebraska College of Law, 1972

Roger Wollman

Ronald Reagan (R)

December 14, 2018

Tabor College, 1957

University of South Dakota School of Law, 1962


Senior judges by appointing political party[edit]

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: 0
  • Republican appointed: 7

Former chief judges[edit]

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.[2]

Former judges[edit]

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

Jurisdiction[edit]


The Eighth 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 Eighth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Brett Kavanaugh is the circuit justice for the Eighth Circuit.

The United States Court of Appeals for the 8th Circuit has jurisdiction over the United States district courts in the following federal judicial districts:

Caseloads[edit]

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.


United States Court of Appeals for the Eighth 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 2,900 3,281 1,415 502 140 168 11 6 0 9
2011 2,919 2,934 1,399 448 112 141 11 6 0 7
2012 3,084 2,957 1,527 524 46 162 11 4 0 6
2013 2,838 2,835 1,529 520 48 162 11 5 3 6
2014 2,968 3,000 1,500 578 51 181 11 4 0 6
2015 3,048 2,845 1,703 496 53 159 11 5 8 5
2016 3,649 3,121 2,231 597 46 189 11 6 13 6
2017 2,890 3,225 1,896 650 52 203 11 7 31 8
2018 2,802 2,789 1,908 547 52 176 11 7 9 7
2019 2,831 2,907 1,833 528 62 165 11 6 0 8
Average 2,993 2,989 1,694 539 66 171 11 6 6 7

History[edit]

Court history[edit]

The Eighth 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, nine additional seats were added to the court resulting in a total of eleven seats.[3] To learn more about the history of the Eighth Circuit, please contact the Historical Society of the United States Courts in the Eighth Circuit.

Judicial posts[edit]

The following table highlights the development of judicial posts for the Eighth Circuit:[3]

Year Statute Total Seats
March 3, 1891 26 Stat. 826 2
July 23, 1894 28 Stat. 115 3
January 31, 1903 32 Stat. 791 4
March 3, 1925 43 Stat. 1116 6
February 28, 1929 45 Stat. 1346 5
May 24, 1940 54 Stat. 219 7
March 18, 1966 80 Stat. 75 8
October 20, 1978 92 Stat. 1629 9
July 10, 1984 98 Stat. 333 10
December 1, 1990 104 Stat. 5089 11

Reversal rate[edit]

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 47 cases originating from the Eighth Circuit, affirming in 11 cases and reversing in 36 cases, for a reversal rate of 76.6 percent. At the end of the 2020 term, the Eighth Circuit had the third-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[edit]

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.

Before the U.S. Supreme Court[edit]

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[edit]

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 8th Circuit
Case Opinion author Decision Vote
Boechler, P.C. v. Commissioner of Internal Revenue TBD TBD TBD
Morgan v. Sundance, Inc. TBD TBD TBD

2020-2021 term[edit]

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 8th Circuit
Case Opinion author Decision Vote
Pereida v. Barr Neil Gorsuch affirmed 5-3
Rutledge v. Pharmaceutical Care Management Association Sonia Sotomayor reversed and remanded 8-0
Lombardo v. City of St. Louis, Missouri (Decided without argument) Per curiam vacated and remanded 6-3


2019-2020 term[edit]

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 8th Circuit
Case Opinion author Decision Vote
Thole v. U.S. Bank Brett Kavanaugh affirmed 5-4

Federal courthouse[edit]

The court is located at Thomas Eagleton U.S. Courthouse in St. Louis, Missouri. The twenty-nine-story building was completed in 2000, and contains more than 1.3 million square feet of space. It is the tallest U.S. Federal courthouse, standing at 557 feet.[12]

About United States Court of Appeals[edit]

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.[13]

Appointments by president[edit]

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


Judges by circuit[edit]

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[edit]

External links[edit]


Footnotes[edit]


Licensed under CC BY-SA 3.0 | Original source: https://ballotpedia.org/United_States_Court_of_Appeals_for_the_Eighth_Circuit
Status: cached on November 18 2021 14:37:06
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