United States Court of Appeals for the Tenth Circuit

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Tenth Circuit
Court of Appeals
US-CourtOfAppeals-10thCircuit-Seal.png
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:
Stephen Anderson, Bobby Baldock, Mary Briscoe, Wade Brorby, David Ebel, Paul Kelly, Carlos F. Lucero, Michael R. Murphy, Terrence O'Brien, John Porfilio, Stephanie Seymour


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.

Vacancies[edit]

See also: Current federal judicial vacancies

There is one current vacancy on the Tenth Circuit, out of the court's 12 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

Harris Hartz

George W. Bush (R)

December 10, 2001

Harvard College, 1967

Harvard Law School, 1972

Timothy Tymkovich

George W. Bush (R)

April 1, 2003

Colorado College, 1979

University of Colorado School of Law, 1982

Jerome Holmes

George W. Bush (R)

August 9, 2006

Wake Forest University, 1983

Georgetown University Law Center, 1988

Scott Matheson

Barack Obama (D)

December 27, 2010

Stanford University, 1975

Yale Law School, 1980

Robert Bacharach

Barack Obama (D)

February 28, 2013

University of Oklahoma, 1981

University of Washington School of Law, 1985

Gregory Alan Phillips

Barack Obama (D)

July 9, 2013

University of Wyoming, 1983

University of Wyoming College of Law, 1987

Carolyn McHugh

Barack Obama (D)

March 14, 2014

University of Utah, 1978

University of Utah College of Law, 1982

Nancy Moritz

Barack Obama (D)

July 29, 2014

Washburn University, 1982

Washburn Law School, 1985

Allison Eid

Donald Trump (R)

November 3, 2017

Stanford University, 1987

University of Chicago Law School, 1991

Joel Carson

Donald Trump (R)

May 17, 2018

Texas Tech University, 1994

University of New Mexico School of Law, 1997

Veronica Rossman

Joe Biden (D)

September 28, 2021

Columbia University, 1993

University of California, Hastings College of the Law, 1997


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: 6
  • Republican appointed: 5

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

John Porfilio

Ronald Reagan (R)

October 15, 1999

University of Denver, 1956

University of Denver College of Law, 1959

Stephen Anderson

Ronald Reagan (R)

January 1, 2000

University of Utah School of Law, 1960

Bobby Baldock

Ronald Reagan (R)

January 26, 2001

New Mexico Military Institute, 1956

University of Arizona College of Law, 1960

Wade Brorby

Ronald Reagan (R)

May 25, 2001

University of Wyoming, 1956

University of Wyoming College of Law, 1958

Stephanie Seymour

Jimmy Carter (D)

October 16, 2005

Smith College, 1962

Harvard Law School, 1965

David Ebel

Ronald Reagan (R)

January 16, 2006

Northwestern University, 1962

University of Michigan Law School, 1965

Michael R. Murphy

Bill Clinton (D)

December 31, 2012

Creighton University, 1969

University of Wyoming College of Law, 1972

Terrence O'Brien

George W. Bush (R)

April 30, 2013

University of Wyoming, 1965

University of Wyoming College of Law, 1972

Paul Kelly

George H.W. Bush (R)

December 31, 2017

University of Notre Dame, 1963

Fordham University School of Law, 1967

Carlos F. Lucero

Bill Clinton (D)

February 1, 2021

Adams State College, 1961

George Washington University Law Center, 1964

Mary Briscoe

Bill Clinton (D)

March 15, 2021

University of Kansas, 1969

University of Kansas, School of Law, 1973


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: 4
  • 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]

To learn more about the judges of the Tenth Circuit, see former federal judges of the Tenth Circuit.

Jurisdiction[edit]


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:

Caseloads[edit]

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.


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

History[edit]

Court history[edit]

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.

Judicial posts[edit]

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

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 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)
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 10th Circuit
Case Opinion author Decision Vote
Denezpi v. United States TBD TBD TBD


2020-2021 term[edit]

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

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
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


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 10th Circuit
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

Federal courthouse[edit]

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]

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.[11]

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]




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