United States Court of Appeals for the Third Circuit
Third Circuit |
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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: |
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 |
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June 9, 1994 - |
State University of New York, Cortland, 1969 |
Syracuse University College of Law, 1975 |
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February 16, 2000 - |
Georgetown University, 1971 |
Georgetown University Law Center, 1975 |
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April 20, 2006 - |
Gettysburg College, 1984 |
Seton Hall University School of Law, 1987 |
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December 13, 2006 - |
Brigham Young University, 1981 |
Georgetown University Law Center, 1984 |
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April 2, 2007 - |
University of Notre Dame, 1987 |
Georgetown University Law Center, 1990 |
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February 12, 2010 - |
Columbia College, 1978 |
Harvard Law School, 1981 |
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April 10, 2013 - |
Rutgers University, 1983 |
University of Pennsylvania Law School, 1986 |
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July 9, 2014 - |
University of Pennsylvania, 1989 |
Stanford Law School, 1993 |
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January 13, 2016 - |
University of Pennsylvania, 1981 |
Tulane University Law School, 1986 |
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November 20, 2017 - |
Columbia University, 1989 |
Yale Law School, 1994 |
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October 15, 2018 - |
Grove City College, 1988 |
George Mason University, Antonin Scalia Law School, 1992 |
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March 18, 2019 - |
University of Scranton, 1993 |
Seton Hall University School of Law, 2001 |
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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 |
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September 4, 1998 - |
Drake University, 1952 |
Rutgers University School of Law, 1958 |
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June 2, 1999 - |
Princeton University, 1956 |
Harvard Law School, 1959 |
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July 9, 2005 - |
University of Southern California, 1969 |
University of Michigan Law, 1971 |
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May 31, 2006 - |
Smith College, 1956 |
Harvard Law School, 1965 |
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June 21, 2013 - |
Temple University, 1953 |
University of Pennsylvania Law School, 1956 |
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July 1, 2013 - |
Wesleyan University, 1962 |
University of Michigan Law School, 1965 |
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July 1, 2015 - |
University of Pennsylvania, 1969 |
Villanova University School of Law, 1973 |
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July 18, 2016 - |
Southern Illinois University, 1971 |
State University of New York, Buffalo School of Law, 1975 |
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February 1, 2017 - |
Georgetown University, 1966 |
Georgetown University Law Center, 1969 |
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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
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 | |||||||||
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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 Third Circuit caseload stats, 2010-2019 | |||||||||||
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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 |
Reversal rate
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) | ||||
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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% |
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→ |
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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]
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• 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→ | |||
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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]
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• 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→ | |||
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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]
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• 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→ |
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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
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 | |||
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Case | Opinion author | Decision | Vote |
Johnson v. Arteaga-Martinez | TBD | TBD | TBD |
2020-2021 term
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 | |||
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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
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 | |||
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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]
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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
- ↑ United States Courts, "FAQs: Federal Judges: What is a senior judge?" accessed December 19, 2016
- ↑ 2.0 2.1 Federal Judicial Center, "U.S. Court of Appeals for the Third Circuit: Legislative History," accessed May 5, 2021
- ↑ 3.0 3.1 3.2 PennLive.com, "U.S. Appeals Court backs Pa. judge retirement mandate," April 29, 2014
- ↑ 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
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 6.0 6.1 6.2 Courthouse News Service, "Exposing Not-So Secret Affair Isn't Defamatory," April 22, 2014 (archived)
- ↑ Courthouse News Service, "ACLU Sues FBI for Racial Profiling Info," May 6, 2011
- ↑ Courthouse News Service, "Court Keeps a Lid on FBI's Racial Profiling Records," October 25, 2013 (archived)
- ↑ United States Courts, "Frequently Asked Questions," accessed April 23, 2021
- ↑ Third Branch News, "Appellate Court Saves Money by Making Chambers Space Go Farther," December 4, 2013
- ↑ Courthouse News Service, "3rd Circuit Saves Money by Sharing Offices," December 10, 2013 (archive)
- ↑ United States Courts, "FAQs: Federal Judges," accessed May 5, 2021
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