Judicial_appointment_history_for_United_States_federal_courts

Judicial appointment history for United States federal courts

Judicial appointment history for United States federal courts

List of appointments to federal judgeships by court type


The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which include the Supreme Court and the Courts of Appeals at the end of each four year presidential term, as well as the current compositions of the District Courts and the Court of International Trade, categorizing the judges by the presidential term during which they were first appointed to their seats.

As of June 30, 2022, of the 9 justices of the Supreme Court, 6 were appointed by a Republican president, and 3 were appointed by a Democratic president.[1][2][3]

As of March 19, 2024, of the 179 Courts of Appeals judges, 91 were appointed by Republican presidents, compared to 86 by Democratic presidents. Out of the 13 federal appeals courts, Democratic appointees have a majority on 7 courts, whereas Republican appointees have a majority on 6 courts.[4]

As of April 10, 2024, of the 680 district court judges, 366 were appointed by Democratic presidents compared to 274 by Republican ones. Within the individual circuit jurisdictions, Democratic presidents have appointed majorities in 8 circuits while Republican presidents have appointed a majority in 4 circuits.[5][6]

The party of the president who appointed a judge is generally a consistent indicator of that judge's judicial philosophy and place on the political spectrum, especially in modern times, although there are cases where judges stray from their appointers.[7] Federal judges often strategically time their retirement so as to give the president of the same party that first appointed them an opportunity to nominate the successor.[8][9][10][11]

Acronym key

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Supreme Court

The Supreme Court of the United States was established by the Constitution of the United States. Originally, the Judiciary Act of 1789 set the number of justices at six. However, as the nation's boundaries grew across the continent and as Supreme Court justices in those days had to ride the circuit, an arduous process requiring long travel on horseback or carriage over harsh terrain that resulted in months-long extended stays away from home, Congress added justices to correspond with the growth: seven in 1807, nine in 1837, and ten in 1863.[12][13] The Judicial Circuits Act of 1866 then set the number to gradually be reduced to seven through the retirement or death of current associate justices. The court was down to eight when the Judiciary Act of 1869 restored the number to nine.

As of April 7, 2022:[3]

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Courts of appeals

The United States courts of appeals were established by the Judiciary Act of 1891 as "United States circuit courts of appeals" (the name was changed to its current form in 1948). The act authorized 19 appellate judgeships in 9 circuits. Since then, the number of authorized appellate judgeships has increased to 179.[14]

Summary of 13 circuits combined

As of March 19, 2024:[15]

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  • There were temporarily 178 appellate federal judgeships, due to the elimination of a 12th seat on the D.C. Circuit by Section 509 of the Court Security Improvement Act of 2007.[16] That Act also provided for the creation of a 29th seat on the Ninth Circuit in January 2009 which increased the number of authorized appellate judgeships back to 179.

As of January 30, 2024:

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Partisan mix of the circuit courts

As of January 30, 2024:

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First Circuit

as of June 20, 2023:

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Second Circuit

as of March 9, 2023:

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Third Circuit

as of June 15, 2023:

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Fourth Circuit

as of March 19, 2024:

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  • Roger Gregory, who was given a one-year recess appointment in Bill Clinton's second term and was subsequently given a lifetime appointment in George W. Bush's first term, is counted as a Clinton appointee on this page.

Fifth Circuit

as of December 4, 2023:

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  • The 5th Circuit judges who were transferred to the 11th Circuit in late 1981 are not included in the 5th Circuit numbers for 1981 for trend comparison purposes.

Sixth Circuit

as of July 18, 2023:

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Seventh Circuit

as of January 29, 2024:

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Eighth Circuit

as of January 27, 2023:

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Ninth Circuit

as of November 13, 2023:[17]

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Tenth Circuit

As of December 11, 2023:

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Eleventh Circuit

As of May 18, 2023:

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  • The 11th Circuit was created in 1981. The judges that were transferred from the 5th Circuit to the 11th Circuit are shown in 1981 for trend comparison purposes.

D.C. Circuit

as of May 15, 2023:

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Federal Circuit

as of March 16, 2022:

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  • The Federal Circuit was created in 1982. The judges from the courts that were combined into the Federal Circuit are shown in 1981 for trend comparison purposes.

District courts

Summary of 91 district courts

as of April 10, 2024:[15]

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  • Congress has authorized 680 district judgeships including 676 Article III judgeships for the 50 States, the District of Columbia, and Puerto Rico plus 4 Article IV judgeships for Guam, Northern Marianas, and the Virgin Islands. The 676 Article III judgeships include 666 permanent and 10 temporary judgeships.[18]
  • However, the number of total authorized Article III District Judge positions is currently higher than 676 (681 in 2023) because four judges are authorized to serve a collective five additional judicial districts: one two-District (Trump-nominated) Judge in the Sixth, two two-District (one vacant & one Obama-nominated) Judges in the Eighth and one three-district (Trump-nominated) Judge in the Tenth Circuit – see individual districts below for more details.
  • As of March 24, 2024, the senate has confirmed four Biden judges that would ultimately replace current judges that have announced their future retirement or going senior date. Three of those retiring judges were appointed by Democratic presidents. Those changes are reflected in the summary above. One judge was appointed by GWB and retires on Jan 1, 2025. That judge is not reflected in the total above or in the table for Rhode Island. Hence the count above is off by one as of March 24, 2024.

Partisan mix of the district courts

as of March 24, 2024:

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District courts in the First Circuit

As of December 31, 2023:

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District courts in the Second Circuit

as of January 31, 2024:

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District courts in the Third Circuit

As of March 20, 2024:

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District courts in the Fourth Circuit

As of January 24, 2024:

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District courts in the Fifth Circuit

As of March 22, 2024:

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District courts in the Sixth Circuit

As of April 9, 2024:

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Note: Judge Claria Horn Boom (Trump appointee) currently serves both the Eastern & Western Districts of Kentucky

District courts in the Seventh Circuit

As of March 12, 2024:

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District courts in the Eighth Circuit

As of April 9, 2024:

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Note: Currently there is a vacant seat that serves both the Eastern & Western Districts of Missouri. Judge Brian Wimes (Obama appointee) also currently serves in both the Eastern & Western Districts of Missouri.

District courts in the Ninth Circuit

As of March 20, 2024:

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District courts in the Tenth Circuit

As of April 10, 2024:

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Note: Judge John Heil III (Trump appointee) currently serves on the Eastern, Northern, & Western Districts of Oklahoma

District courts in the Eleventh Circuit

As of February 28, 2024:

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District court in the D.C. Circuit

As of February 1, 2024:

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United States Court of International Trade

The United States Court of International Trade is an Article III court, with full powers in law and equity, established by the Customs Court Act of 1980 to replace the United States Customs Court.

As of February 5, 2024:

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See also


References

  1. "It took conservatives 50 years to get a reliable majority on the Supreme Court. Here are 3 reasons why". www.washingtonpost.com. Retrieved 12 June 2019.
  2. "Kavanaugh Confirmation Solidifies Supreme Court Tilt to the Right". www.rollcall.com. 6 October 2018. Retrieved 12 June 2019.
  3. "Circuit Status". news.bloomberglaw.com. Retrieved 24 June 2023.
  4. "How Trump is shifting the most important courts in the country". www.washingtonpost.com. Retrieved 12 June 2019.
  5. Stolzenberg, Ross M.; Lindgren, James (2022). "Judges as Party Animals: Retirement Timing by Federal Judges and Party Control of Judicial Appointments". American Sociological Review. 87 (4): 675–697. doi:10.1177/00031224221102072. ISSN 0003-1224. S2CID 233649566.
  6. Chen, Daniel L.; Reinhart, Eric (2022-02-19). "The Disavowal of Decisionism: Politically Motivated Exits from the U.S. Courts of Appeals". SSRN. doi:10.2139/ssrn.2816253. S2CID 157951217. SSRN 2816253.
  7. Nixon, David C.; Haskin, J. David (2000). "Judicial Retirement Strategies: The Judge's Role in Influencing Party Control of the Appellate Courts". American Politics Quarterly. 28 (4): 458–489. doi:10.1177/1532673X00028004002. ISSN 0044-7803. S2CID 35805961.
  8. Spriggs, James F; Wahlbeck, Paul J. (1995). "Calling It Quits: Strategic Retirement on the Federal Courts of Appeals, 1893-1991". Political Research Quarterly. 48 (3): 573–597. doi:10.1177/106591299504800306. ISSN 1065-9129. S2CID 153375332.
  9. "Judges on Horseback" (PDF). U.S. Courts Library - 8th Circuit. Retrieved April 4, 2021.
  10. "Judgeship Appointments By President". United States Courts. Retrieved February 24, 2023.
  11. Federal Judgeships, United States Courts.

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