# United States Court of Appeals for the District of Columbia Circuit

The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, and it covers only the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse in Washington, DC.
The D.C. Circuit is often considered to be second only to the U.S. Supreme Court in status and prestige, and it is sometimes unofficially termed "the second highest court in the land". Because its jurisdiction covers the District of Columbia, it tends to be the main federal appellate court for issues of U.S. administrative law and constitutional law. Four of the nine current Supreme Court justices were previously judges on the D.C. Circuit: Chief Justice John Roberts and associate justices Clarence Thomas, Brett Kavanaugh, and Ketanji Brown Jackson. Past justices Ruth Bader Ginsburg, Antonin Scalia, Warren E. Burger, Fred M. Vinson, and Wiley Blount Rutledge also served on the D.C. Circuit before their appointments to the Supreme Court.
Because the D.C. Circuit does not represent any state, confirmation of nominees can be procedurally and practically easier than for nominees to the Courts of Appeals for the other geographical districts, as home-state senators have historically been able to hold up confirmation through the blue slip process.

## Current composition of the court

As of January 16, 2024:
| # | Title | Judge | Duty station | Born | Term of service | Term of service | Term of service | Appointed by |
| # | Title | Judge | Duty station | Born | Active | Chief | Senior | Appointed by |
| 58 | Chief Judge | Sri Srinivasan | Washington, D.C. | 1967 | 2013–present | 2020–present | — | Obama |
| 49 | Circuit Judge | Karen L. Henderson | Washington, D.C. | 1944 | 1990–present | — | — | G.H.W. Bush |
| 59 | Circuit Judge | Patricia Millett | Washington, D.C. | 1963 | 2013–present | — | — | Obama |
| 60 | Circuit Judge | Cornelia Pillard | Washington, D.C. | 1961 | 2013–present | — | — | Obama |
| 61 | Circuit Judge | Robert L. Wilkins | Washington, D.C. | 1963 | 2014–present | — | — | Obama |
| 62 | Circuit Judge | Gregory G. Katsas | Washington, D.C. | 1964 | 2017–present | — | — | Trump |
| 63 | Circuit Judge | Neomi Rao | Washington, D.C. | 1973 | 2019–present | — | — | Trump |
| 64 | Circuit Judge | Justin R. Walker | Washington, D.C. | 1982 | 2020–present | — | — | Trump |
| 66 | Circuit Judge | J. Michelle Childs | Washington, D.C. | 1966 | 2022–present | — | — | Biden |
| 67 | Circuit Judge | Florence Y. Pan | Washington, D.C. | 1966 | 2022–present | — | — | Biden |
| 68 | Circuit Judge | Brad Garcia | Washington, D.C. | 1986 | 2023–present | — | — | Biden |
| 38 | Senior Circuit Judge | Harry T. Edwards | Washington, D.C. | 1940 | 1980–2005 | 1994–2001 | 2005–present | Carter |
| 46 | Senior Circuit Judge | Douglas H. Ginsburg | Washington, D.C. | 1946 | 1986–2011 | 2001–2008 | 2011–present | Reagan |
| 47 | Senior Circuit Judge | David B. Sentelle | inactive | 1943 | 1987–2013 | 2008–2013 | 2013–present | Reagan |
| 50 | Senior Circuit Judge | A. Raymond Randolph | Washington, D.C. | 1943 | 1990–2008 | — | 2008–present | G.H.W. Bush |
| 51 | Senior Circuit Judge | Judith W. Rogers | Washington, D.C. | 1939 | 1994–2022 | — | 2022–present | Clinton |

## List of former judges

| # | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
| 1 | Richard Henry Alvey | MD | 1826–1906 | 1893–1905 | 1893–1905 | — | Cleveland | retirement |
| 2 | Martin Ferdinand Morris | DC | 1834–1909 | 1893–1905 | — | — | Cleveland | retirement |
| 3 | Seth Shepard | TX | 1847–1917 | 1893–1917 | 1905–1917 | — | Cleveland (associate); T. Roosevelt (chief) | retirement |
| 4 | Charles Holland Duell | NY | 1850–1920 | 1905–1906 | — | — | T. Roosevelt | resignation |
| 5 | Louis E. McComas | MD | 1846–1907 | 1905–1907 | — | — | T. Roosevelt | death |
| 6 | Charles Henry Robb | VT | 1867–1939 | 1906–1937 | — | 1937–1939 | T. Roosevelt | death |
| 7 | Josiah Alexander Van Orsdel | WY | 1860–1937 | 1907–1937 | — | — | T. Roosevelt | death |
| 8 | Constantine Joseph Smyth | NE | 1859–1924 | 1917–1924 | 1917–1924 | — | Wilson | death |
| 9 | George Ewing Martin | OH | 1857–1948 | 1924–1937 | 1924–1937 | 1937–1948 | Coolidge | death |
| 10 | William Hitz | DC | 1872–1935 | 1931–1935 | — | — | Hoover | death |
| 11 | Duncan Lawrence Groner | VA | 1873–1957 | 1931–1948 | 1937–1948 | 1948–1957 | Hoover (associate); F. Roosevelt (chief) | death |
| 12 | Harold Montelle Stephens | UT | 1886–1955 | 1935–1955 | 1948–1955 | — | F. Roosevelt (associate); Truman (chief) | death |
| 13 | Justin Miller | CA | 1888–1973 | 1937–1945 | — | — | F. Roosevelt | resignation |
| 14 | Henry White Edgerton | DC | 1888–1970 | 1937–1963 | 1955–1958 | 1963–1970 | F. Roosevelt | death |
| 15 | Fred M. Vinson | KY | 1890–1953 | 1938–1943 | — | — | F. Roosevelt | resignation |
| 16 | Wiley Rutledge | KY | 1894–1949 | 1939–1943 | — | — | F. Roosevelt | elevation to Supreme Court |
| 17 | Thurman Arnold | WY | 1891–1969 | 1943–1945 | — | — | F. Roosevelt | resignation |
| 18 | Bennett Champ Clark | MO | 1890–1954 | 1945–1954 | — | — | Truman | death |
| 19 | E. Barrett Prettyman | DC | 1891–1971 | 1945–1962 | 1958–1960 | 1962–1971 | Truman | death |
| 20 | Wilbur Kingsbury Miller | KY | 1892–1976 | 1945–1964 | 1960–1962 | 1964–1976 | Truman | death |
| 21 | James McPherson Proctor | DC | 1882–1953 | 1948–1953 | — | — | Truman | death |
| 22 | David L. Bazelon | IL | 1909–1993 | 1949–1979 | 1962–1978 | 1979–1993 | Truman | death |
| 23 | Charles Fahy | GA | 1892–1979 | 1949–1967 | — | 1967–1979 | Truman | death |
| 24 | George Thomas Washington | OH | 1908–1971 | 1949–1965 | — | 1965–1971 | Truman | death |
| 25 | John A. Danaher | CT | 1899–1990 | 1953–1969 | — | 1969–1990 | Eisenhower | death |
| 26 | Walter Maximillian Bastian | DC | 1891–1975 | 1954–1965 | — | 1965–1975 | Eisenhower | death |
| 27 | Warren E. Burger | MN | 1907–1995 | 1956–1969 | — | — | Eisenhower | elevation to Supreme Court |
| 28 | James Skelly Wright | LA | 1911–1988 | 1962–1986 | 1978–1981 | 1986–1988 | Kennedy | death |
| 29 | Carl E. McGowan | IL | 1911–1987 | 1963–1981 | 1981 | 1981–1987 | Kennedy | death |
| 30 | Edward Allen Tamm | DC | 1906–1985 | 1965–1985 | — | — | L. Johnson | death |
| 31 | Harold Leventhal | DC | 1915–1979 | 1965–1979 | — | — | L. Johnson | death |
| 32 | Spottswood William Robinson III | VA | 1916–1998 | 1966–1989 | 1981–1986 | 1989–1998 | L. Johnson | death |
| 33 | George MacKinnon | MN | 1906–1995 | 1969–1983 | — | 1983–1995 | Nixon | death |
| 34 | Roger Robb | DC | 1907–1985 | 1969–1982 | — | 1982–1985 | Nixon | death |
| 35 | Malcolm Richard Wilkey | TX | 1918–2009 | 1970–1984 | — | 1984–1985 | Nixon | retirement |
| 36 | Patricia Wald | DC | 1928–2019 | 1979–1999 | 1986–1991 | — | Carter | retirement |
| 37 | Abner Mikva | IL | 1926–2016 | 1979–1994 | 1991–1994 | — | Carter | retirement |
| 39 | Ruth Bader Ginsburg | NY | 1933–2020 | 1980–1993 | — | — | Carter | elevation to Supreme Court |
| 40 | Robert Bork | CT | 1927–2012 | 1982–1988 | — | — | Reagan | resignation |
| 41 | Antonin Scalia | IL | 1936–2016 | 1982–1986 | — | — | Reagan | elevation to Supreme Court |
| 42 | Kenneth Starr | VA | 1946–2022 | 1983–1989 | — | — | Reagan | resignation |
| 43 | Laurence Silberman | PA | 1935–2022 | 1985–2000 | — | 2000–2022 | Reagan | death |
| 44 | James L. Buckley | NY | 1923–2023 | 1985–1996 | — | 1996–2023 | Reagan | death |
| 45 | Stephen F. Williams | CO | 1936–2020 | 1986–2001 | — | 2001–2020 | Reagan | death |
| 48 | Clarence Thomas | GA | 1948–present | 1990–1991 | — | — | G.H.W. Bush | elevation to Supreme Court |
| 52 | David S. Tatel | DC | 1942–present | 1994–2022 | — | 2022–2024 | Clinton | retirement |
| 53 | Merrick Garland | IL | 1952–present | 1997–2021 | 2013–2020 | — | Clinton | retirement |
| 54 | John Roberts | MD | 1955–present | 2003–2005 | — | — | G.W. Bush | elevation to Supreme Court |
| 55 | Janice Rogers Brown | CA | 1949–present | 2005–2017 | — | — | G.W. Bush | retirement |
| 56 | Thomas B. Griffith | UT | 1954–present | 2005–2020 | — | — | G.W. Bush | retirement |
| 57 | Brett Kavanaugh | MD | 1965–present | 2006–2018 | — | — | G.W. Bush | elevation to Supreme Court |
| 65 | Ketanji Brown Jackson | DC | 1970–present | 2021–2022 | — | — | Biden | elevation to Supreme Court |

## Chiefs

Chief :
| as Chief Justice ||||
| Alvey | 1893–1905 |
| Shepard | 1905–1917 |
| Smyth | 1917–1924 |
| Martin | 1924–1937 |
| Groner | 1937–1948 |
| Stephens | 1948 |
| as Chief Judge ||||
| Stephens | 1948–1955 |
| Edgerton | 1955–1958 |
| Prettyman | 1958–1960 |
| W. Miller | 1960–1962 |
| Bazelon | 1962–1978 |
| Wright | 1978–1981 |
| McGowan | 1981 |
| Robinson | 1981–1986 |
| Wald | 1986–1991 |
| Mikva | 1991–1994 |
| Edwards | 1994–2001 |
| D. Ginsburg | 2001–2008 |
| Sentelle | 2008–2013 |
| Garland | 2013–2020 |
| Srinivasan | 2020–present |
When Congress established this court in 1893 as the Court of Appeals of the District of Columbia, it had a chief justice, and the other judges were called associate justices, which was similar to the structure of the Supreme Court. The chief justiceship was a separate seat: the president would appoint the chief justice, and that person would stay chief justice until he left the court.
On June 25, 1948, 62 Stat. 869 and 62 Stat. 985 became law. These acts made the chief justice a chief judge. In 1954, another law, 68 Stat. 1245, clarified what was implicit in those laws: that the chief judgeship was not a mere renaming of the position but a change in its status that made it the same as the chief judge of other inferior courts.
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (the Supreme Court justice responsible for the circuit) is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges.
To be chief, 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 is filled by the judge highest in seniority among the group of qualified judges, with seniority determined first by commission date, then by age. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. If no judge qualifies to be chief, the youngest judge over the age of 65 who has served on the court for at least one year shall act as chief until another judge qualifies. If no judge has served on the court for more than a year, the most senior judge shall act as chief. Judges can forfeit or resign their chief judgeship or acting chief judgeship while retaining their active status as a circuit judge.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

## Succession of seats

The court has eleven seats for active judges after the elimination of Seat 8 under the Court Security Improvement Act of 2007. The seat that was originally the chief justiceship is numbered as Seat 1; the other seats are numbered in order of their creation. If seats were established simultaneously, they are numbered in the order in which they were filled. Judges who retire into senior status remain on the bench but leave their seat vacant. That seat is filled by the next circuit judge appointed by the president.
Seat 1 :
| Established February 9, 1893 as Chief Justice by 27 Stat. 434 ||
| Alvey | 1893–1905 |
| Shepard | 1905–1917 |
| Smyth | 1917–1924 |
| Martin | 1924–1937 |
| Groner | 1937–1948 |
| Stephens | 1948 |
| Seat abolished June 25, 1948 pursuant to 62 Stat. 869, 62 Stat. 985, and 68 Stat. 1245 ||
Seat 2 :
| Established February 9, 1893 as Associate Justice by 27 Stat. 434 ||||
| Morris | 1893–1905 |
| McComas | 1905–1907 |
| Van Orsdel | 1907–1937 |
| J. Miller | 1937–1945 |
| Prettyman | 1945–1948 |
| Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 ||||
| Prettyman | 1948–1962 |
| Wright | 1962–1986 |
| D. Ginsburg | 1986–2011 |
| Pillard | 2013–present |
Seat 3 :
| Established February 9, 1893 as Associate Justice by 27 Stat. 434 ||||
| Shepard | 1893–1905 |
| Duell | 1905–1906 |
| C. Robb | 1906–1937 |
| Vinson | 1938–1943 |
| W. Miller | 1945–1948 |
| Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 ||||
| W. Miller | 1948–1964 |
| Leventhal | 1965–1979 |
| R.B. Ginsburg | 1980–1993 |
| Tatel | 1994–2022 |
| Childs | 2022–present |
Seat 4 :
| Established June 19, 1930 as Associate Justice by 46 Stat. 785 ||||
| Hitz | 1931–1935 |
| Stephens | 1935–1948 |
| Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 ||||
| Proctor | 1948–1953 |
| Danaher | 1953–1969 |
| R. Robb | 1969–1982 |
| Scalia | 1982–1986 |
| Sentelle | 1987–2013 |
| Wilkins | 2014–present |
Seat 5 :
| Established June 19, 1930 as Associate Justice by 46 Stat. 785 ||||
| Groner | 1931–1937 |
| Edgerton | 1937–1948 |
| Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 ||||
| Edgerton | 1948–1963 |
| McGowan | 1963–1981 |
| Bork | 1982–1988 |
| Thomas | 1990–1991 |
| Rogers | 1994–2022 |
| Garcia | 2023–present |
Seat 6 :
| Established May 31, 1938 as Associate Justice by 52 Stat. 584 ||||
| Rutledge | 1939–1943 |
| Arnold | 1943–1945 |
| Clark | 1945–1948 |
| Redesignated June 25, 1948 as Circuit Judge by 62 Stat. 869, 985 ||||
| Clark | 1948–1954 |
| Bastian | 1954–1965 |
| Tamm | 1965–1985 |
| Buckley | 1985–1996 |
| Roberts | 2003–2005 |
| Millett | 2013–present |
Seat 7 :
| Established June 25, 1948 pursuant to 62 Stat. 869, 62 Stat. 985, and 68 Stat. 1245 ||||
| Stephens | 1948–1955 |
| Burger | 1956–1969 |
| Wilkey | 1970–1984 |
| Williams | 1986–2001 |
| Brown | 2005–2017 |
| Katsas | 2017–present |
Seat 8 :
| Established August 3, 1949 by 63 Stat. 493 ||
| Bazelon | 1949–1979 |
| Edwards | 1980–2005 |
| Seat eliminated January 7, 2008 by 121 Stat. 2543 ||
Seat 9 :
| Established August 3, 1949 by 63 Stat. 493 ||||
| Fahy | 1949–1967 |
| MacKinnon | 1969–1983 |
| Starr | 1983–1989 |
| Henderson | 1990–present |
Seat 10 :
| Established August 3, 1949 by 63 Stat. 493 ||||
| Washington | 1949–1965 |
| Robinson | 1966–1989 |
| Randolph | 1990–2008 |
| Srinivasan | 2013–present |
Seat 11 :
| Established October 20, 1978 by 92 Stat. 1629 ||||
| Wald | 1979–1999 |
| Griffith | 2005–2020 |
| Walker | 2020–present |
Seat 12 :
| Established October 20, 1978 by 92 Stat. 1629 ||||
| Mikva | 1979–1994 |
| Garland | 1997–2021 |
| Jackson | 2021–2022 |
| Pan | 2022–present |
Seat 13 :
| Established July 10, 1984 by 98 Stat. 333 ||||
| Silberman | 1985–2000 |
| Kavanaugh | 2006–2018 |
| Rao | 2019–present |