Tenth Circuit |
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Court of Appeals |
Judgeships |
Posts: 12 |
Judges: 11 |
Vacancies: 1 |
Judges |
Chief: Timothy Tymkovich |
Active judges: Robert Bacharach, Joel Carson, Allison Eid, Harris Hartz, Jerome Holmes, Scott Matheson, Carolyn McHugh, Nancy Moritz, Gregory Alan Phillips, Veronica Rossman, Timothy Tymkovich Senior judges: |
The United States Court of Appeals for the Tenth 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 Byron White U.S. Courthouse in Denver.
One judge from the Tenth Circuit has served on the Supreme Court of the United States. Neil Gorsuch was appointed to the Supreme Court in 2017 by Donald Trump (R).
This page contains the following information on the Tenth Circuit.
There is one current vacancy on the Tenth Circuit, out of the court's 12 judicial positions.
There are no pending nominees for this court.
Judge | Appointed By | Assumed Office | Bachelors | Law |
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December 10, 2001 |
Harvard College, 1967 |
Harvard Law School, 1972 |
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April 1, 2003 |
Colorado College, 1979 |
University of Colorado School of Law, 1982 |
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August 9, 2006 |
Wake Forest University, 1983 |
Georgetown University Law Center, 1988 |
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December 27, 2010 |
Stanford University, 1975 |
Yale Law School, 1980 |
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February 28, 2013 |
University of Oklahoma, 1981 |
University of Washington School of Law, 1985 |
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July 9, 2013 |
University of Wyoming, 1983 |
University of Wyoming College of Law, 1987 |
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March 14, 2014 |
University of Utah, 1978 |
University of Utah College of Law, 1982 |
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July 29, 2014 |
Washburn University, 1982 |
Washburn Law School, 1985 |
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November 3, 2017 |
Stanford University, 1987 |
University of Chicago Law School, 1991 |
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May 17, 2018 |
Texas Tech University, 1994 |
University of New Mexico School of Law, 1997 |
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September 28, 2021 |
Columbia University, 1993 |
University of California, Hastings College of the Law, 1997 |
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.
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 |
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October 15, 1999 |
University of Denver, 1956 |
University of Denver College of Law, 1959 |
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January 1, 2000 |
University of Utah School of Law, 1960 |
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January 26, 2001 |
New Mexico Military Institute, 1956 |
University of Arizona College of Law, 1960 |
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May 25, 2001 |
University of Wyoming, 1956 |
University of Wyoming College of Law, 1958 |
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October 16, 2005 |
Smith College, 1962 |
Harvard Law School, 1965 |
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January 16, 2006 |
Northwestern University, 1962 |
University of Michigan Law School, 1965 |
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December 31, 2012 |
Creighton University, 1969 |
University of Wyoming College of Law, 1972 |
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April 30, 2013 |
University of Wyoming, 1965 |
University of Wyoming College of Law, 1972 |
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December 31, 2017 |
University of Notre Dame, 1963 |
Fordham University School of Law, 1967 |
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February 1, 2021 |
Adams State College, 1961 |
George Washington University Law Center, 1964 |
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March 15, 2021 |
University of Kansas, 1969 |
University of Kansas, School of Law, 1973 |
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.
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]
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To learn more about the judges of the Tenth Circuit, see former federal judges of the Tenth Circuit.
The Tenth 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 Tenth Circuit are petitioned to the Supreme Court of the United States. Justice Neil Gorsuch is the circuit justice for the Tenth Circuit.
The United States Court of Appeals for the 10th Circuit has jurisdiction over the United States district courts in the following federal judicial districts:
This section contains court management statistics dating back to 2010. It was last updated in May 2021.
Click [show] below for more information on caseload terms and definitions.
Caseload statistics explanation | |||||||||
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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. | ||||||||
United States Court of Appeals for the Tenth Circuit caseload stats, 2010-2019 | |||||||||||
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2010 | 2,225 | 2,375 | 1,341 | 242 | 102 | 82 | 12 | 9 | 18 | 9 | |
2011 | 2,294 | 2,250 | 1,372 | 263 | 123 | 85 | 12 | 9 | 18 | 9 | |
2012 | 2,156 | 2,176 | 1,353 | 322 | 62 | 105 | 12 | 8 | 24 | 8 | |
2013 | 2,071 | 2,155 | 1,264 | 314 | 58 | 106 | 12 | 10 | 28 | 8 | |
2014 | 1,964 | 2,058 | 1,171 | 295 | 51 | 101 | 12 | 10 | 6 | 8 | |
2015 | 1,975 | 1,888 | 1,259 | 264 | 40 | 86 | 12 | 8 | 0 | 8 | |
2016 | 2,281 | 2,256 | 1,288 | 346 | 46 | 118 | 12 | 8 | 0 | 6 | |
2017 | 1,861 | 1,914 | 1,231 | 284 | 42 | 96 | 12 | 6 | 9 | 8 | |
2018 | 1,788 | 1,805 | 1,214 | 252 | 39 | 85 | 12 | 6 | 12 | 9 | |
2019 | 1,792 | 1,775 | 1,231 | 240 | 40 | 79 | 12 | 7 | 0 | 10 | |
Average | 2,041 | 2,065 | 1,272 | 282 | 60 | 94 | 12 | 8 | 11 | 8 |
The Tenth Circuit was established on February 28, 1929, under Tenth Circuit Reorganization Act of 1929, which broke the then-Eighth Circuit into the Eighth Circuit and the Tenth Circuit. All of the judges who resided in the newly created Tenth Circuit were transferred to the new appellate court. Over time, eight additional seats were added to the circuit, resulting in a total of 12 seats.[3] The court's current jurisdiction contains 560,625 square miles or roughly 20% of the total U.S. landmass. For a full history of the Tenth Circuit, please see the Tenth Judicial Circuit Historical Society's Official website.
The following table highlights the development of judicial posts for the Tenth Circuit:[3]
Year | Statute | Total Seats |
February 28, 1929 | 45 Stat. 1346 | 4 |
August 3, 1949 | 63 Stat. 493 | 5 |
May 19, 1961 | 75 Stat. 80 | 6 |
June 18, 1968 | 82 Stat. 184 | 7 |
October 20, 1978 | 92 Stat. 1629 | 8 |
July 10, 1984 | 98 Stat. 333 | 10 |
December 1, 1990 | 104 Stat. 5089 | 12 |
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 39 cases originating from the Tenth Circuit, affirming in 15 cases and reversing in 24 cases, for a reversal rate of 61.5 percent. At the end of the 2020 term, the Tenth Circuit had the third-lowest reversal rate of all the federal appeals courts.
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) | ||||
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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% |
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.
• States cannot require citizenship documents to register to vote (2014) | Click for summary→ |
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On November 10, 2014, the Tenth Circuit struck down Kansas and Arizona laws requiring individuals to show citizenship documents when registering to vote. The ruling was an affirmation of action taken by the U.S. Election Assistance Commission, which blocked the states from requiring those documents and led both states to sue in federal court.
The federal court found that the agency exceeded its authority in blocking the states from requiring citizenship documents. Th ethree-judge panel of the Tenth Circuit, consisting of Judges Jerome Holmes, Carlos Lucero and Gregory Alan Phillips, said that the states lacked the authority to require the federal government to include citizenship documents as a requirement on the voter registration form, which the states argued the agency had to do in compliance with the states’ own laws. Further, Judge Lucero, writing for the panel, said that the states failed to show that requiring proof of citizenship decreased fraudulent voting. Articles: |
• Utah same-sex marriage ruling upheld (2014) Judge(s):Paul Kelly, Carlos Lucero and Jerome Holmes (Kitchen v. Herbert, 13-4178) | Click for summary→ | ||||||
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Judge Carlos Lucero wrote the opinion in the appeal of Kitchen v. Herbert, a case that involved a same-sex marriage in Utah. The Tenth Circuit ruled 2-1 in favor of District of Utah's ruling that ended the ban on same-sex marriage on the grounds that it violated the Fourteenth Amendment's equal protection clause. Judge Lucero wrote and Jerome Holmes concurred:
Judge Paul Kelly dissented on the point that marriage was a fundamental right. He wrote:
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• Tenth Circuit refuses stay on injunction against online streaming company Aero (2014) | Click for summary→ |
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Aereo, a company that retransmits television signals to subscribers, was enjoined by federal Judge Dale Kimball from operating in six states in February 2014. Judge Kimball found that Aereo was “indistinguishable” from a cable provider and should have the proper licenses necessary to stream broadcast network signals to subscribers. The injunction covered six states: Wyoming, Colorado, Utah, New Mexico, Kansas, and Oklahoma.
The company sought to have the injunction lifted with a preliminary stay until after trial by appealing to the Tenth Circuit. Judges Mary Briscoe and Robert Bacharach, the majority of a three-judge panel, refused to lift the injunction, stating that Aereo did not sufficiently show that it would likely succeed at trial, one of the requirements to order a stay. Further, the Tenth Circuit judges found no other factors that weighed in favor of staying the injunction. Judge Harris Hartz dissented from the majority. Articles: |
• Horse slaughterhouses may reopen prior to resolution of appeal (2013) Judge(s):Gregory Alan Phillips and David Ebel (Front Range Equine Rescue, et al v. Vilsack, et al, 13-2187) | Click for summary→ |
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On December 13, 2013, Judges Gregory Alan Phillips and David Ebel of the Tenth Circuit denied an emergency motion filed by animal rights groups for an injunction seeking to halt horse slaughterhouses from resuming operations for the first time since 2007. Plaintiffs requested a stay on those activities pending the final resolution of their appeal but "failed to meet their burden," according to the judges' decision. In the underlying case, animal rights groups sought to prevent the slaughter of horses in New Mexico, Missouri, and Iowa, claiming that the U.S. Department of Agriculture issued inspection permits to three slaughterhouses but failed to prepare various documents essential to determining the environmental impact of their intended operations, in violation of the National Environmental Policy Act. Chief Judge Christina Armijo of the United States District Court for the District of New Mexico temporarily enjoined the slaughter of horses while considering the case but later dismissed the proceedings with prejudice. The plaintiff animal rights groups appealed to the Tenth Circuit, and on November 5, 2013, the appeals court issued a temporary stay of Judge Armijo's decision pending further review. About one month later, Judges Phillips and Ebel lifted that stay, citing the plaintiffs' likelihood of success in the final resolution of their appeal, making way for horse slaughterhouses to begin operations.[6][7] | |
• Court sides with Abercrombie in religious discrimination case (2013) Judge(s):Paul Kelly, David Ebel, and Jerome Holmes (Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 11-5110) | Click for summary→ |
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On October 1, 2013, the Tenth Circuit vacated a trial court summary judgment ruling in a suit filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a Muslim job applicant after the clothing store Abercrombie & Fitch (A&F) declined to hire her because she wore a headscarf. Judge Jerome Holmes wrote for the majority, joined by Judge Paul Kelly. Judge David Ebel wrote separately, concurring in part and dissenting in part. In the underlying case, the plaintiff Samantha Elauf interviewed for a job at A&F while wearing a religious headscarf but did not specifically inform her interviewer that she wore it for a religious purpose. The interviewer assumed that it was worn for a religious purpose. Elauf was not hired because her headscarf violated A&F's dress code. In the ruling, Holmes said that the trial court's decision was erroneous because there could be no religious discrimination without notification of the need for a religious accommodation. Here, because Elauf failed to tell her interviewer that she would need accommodation for her religious headscarf, the EEOC would not have been unable to conclusively establish that A&F had actual notice of her religious needs. In his separate opinion, Ebel agreed that the trial court's decision was incorrect but argued that the question of discrimination should have been sent to a jury.[8] The Supreme Court overturned the ruling in October 2015, finding that accommodation was not the issue but rather if Elauf's headscarf was a "motivating factor" in deciding against hiring her. Justice Antonin Scalia wrote for the 8-1 majority, " “[A]n employer who acts with the motive of avoiding accommodation may violate [the law] even if he has no more than an unsubstantiated suspicion that accommodation would be needed.”[9] | |
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.
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 10th Circuit | |||
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Case | Opinion author | Decision | Vote |
Denezpi v. United States | TBD | TBD | TBD |
The following cases were scheduled for argument before the U.S. Supreme Court during the 2020-2021 term.
2020-2021 U.S. Supreme Court cases from the 10th Circuit | |||
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Case | Opinion author | Decision | Vote |
Torres v. Madrid | John Roberts | vacated and remanded | 5-3 |
Carr v. Saul (Consolidated with Davis v. Saul) | Sonia Sotomayor | reversed and remanded | 9-0 |
HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association | Neil Gorsuch | reversed | 6-3 |
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 10th Circuit | |||
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Case | Opinion author | Decision | Vote |
Sharp v. Murphy | Per curiam | affirmed | NA |
Rodriguez v. Federal Deposit Insurance Corporation | Neil Gorsuch | vacated and remanded | 9-0 |
Lomax v. Ortiz-Marquez | Elena Kagan | affirmed | 9-0 |
Colorado Department of State v. Baca | Per curiam | reversed | 8-0 |
The Tenth Circuit is located in the Byron White U.S. Courthouse in Denver. The courthouse was built between 1910 and 1916 replacing a previous building. The exterior of the building uses local Colorado Yule marble, the same material used on the Lincoln Memorial in Washington. Originally, the building held all of the federal agencies located in Denver. Over time, as the federal agencies grew, the building came to be occupied by only the Post Office. The building was expanded and renovated in 1994 to rehouse the federal courthouse, with the current value of the building estimated at $200 million.[10]
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.[11]
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.
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.
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