# United States Court of Appeals for the Third Circuit

The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* Eastern District of Pennsylvania
* Middle District of Pennsylvania
* Western District of Pennsylvania
This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV territorial court and not a district court under Article III of the Constitution.
The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the United States Virgin Islands. It is one of 13 United States courts of appeals. Due to the court's appellate jurisdiction over Delaware, where more than half of publicly-traded companies in the United States incorporate, the court handles a significant number of influential commercial cases in the United States.

## Current composition of the court

As of January 15, 2025:
| # | 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 |
| 61 | Chief Judge | Michael Chagares | Newark, NJ | 1962 | 2006–present | 2021–present | — | G.W. Bush |
| 63 | Circuit Judge | Thomas Hardiman | Pittsburgh, PA | 1965 | 2007–present | — | — | G.W. Bush |
| 66 | Circuit Judge | Patty Shwartz | Newark, NJ | 1961 | 2013–present | — | — | Obama |
| 67 | Circuit Judge | Cheryl Ann Krause | Philadelphia, PA | 1968 | 2014–present | — | — | Obama |
| 68 | Circuit Judge | L. Felipe Restrepo | Philadelphia, PA | 1959 | 2016–present | — | — | Obama |
| 69 | Circuit Judge | Stephanos Bibas | Philadelphia, PA | 1969 | 2017–present | — | — | Trump |
| 70 | Circuit Judge | David J. Porter | Pittsburgh, PA | 1966 | 2018–present | — | — | Trump |
| 71 | Circuit Judge | Paul Matey | Newark, NJ | 1971 | 2019–present | — | — | Trump |
| 72 | Circuit Judge | Peter J. Phipps | Pittsburgh, PA | 1973 | 2019–present | — | — | Trump |
| 73 | Circuit Judge | Arianna J. Freeman | Philadelphia, PA | 1978 | 2022–present | — | — | Biden |
| 74 | Circuit Judge | Tamika Montgomery-Reeves | Wilmington, DE | 1981 | 2023–present | — | — | Biden |
| 75 | Circuit Judge | Cindy K. Chung | Pittsburgh, PA | 1975 | 2023–present | — | — | Biden |
| 76 | Circuit Judge | vacant | — | — | — | — | — | — |
| 77 | Circuit Judge | vacant | — | — | — | — | — | — |
| 45 | Senior Circuit Judge | Anthony Joseph Scirica | Philadelphia, PA | 1940 | 1987–2013 | 2003–2010 | 2013–present | Reagan |
| 46 | Senior Circuit Judge | Robert Cowen | inactive | 1930 | 1987–1998 | — | 1998–present | Reagan |
| 47 | Senior Circuit Judge | Richard Lowell Nygaard | Erie, PA | 1940 | 1988–2005 | — | 2005–present | Reagan |
| 49 | Senior Circuit Judge | Jane Richards Roth | Wilmington, DE | 1935 | 1991–2006 | — | 2006–present | G.H.W. Bush |
| 51 | Senior Circuit Judge | Theodore McKee | Philadelphia, PA | 1947 | 1994–2022 | 2010–2016 | 2022–present | Clinton |
| 53 | Senior Circuit Judge | Marjorie Rendell | Philadelphia, PA | 1947 | 1997–2015 | — | 2015–present | Clinton |
| 55 | Senior Circuit Judge | Thomas L. Ambro | Wilmington, DE | 1949 | 2000–2023 | — | 2023–present | Clinton |
| 56 | Senior Circuit Judge | Julio M. Fuentes | Newark, NJ | 1946 | 2000–2016 | — | 2016–present | Clinton |
| 57 | Senior Circuit Judge | D. Brooks Smith | Duncansville, PA | 1951 | 2002–2021 | 2016–2021 | 2021–present | G.W. Bush |
| 59 | Senior Circuit Judge | D. Michael Fisher | Pittsburgh, PA | 1944 | 2003–2017 | — | 2017–present | G.W. Bush |

## Vacancies and pending nominations

| Seat | Prior judge's duty station | Seat last held by | Vacancy reason | Date of vacancy | Nominee | Date of nomination |
| 4 | Newark, NJ | Joseph A. Greenaway Jr. | Retirement | June 15, 2023 | — | — |
| 5 | Wilmington, DE | Kent A. Jordan | Retirement | January 15, 2025 | – | – |

## List of former judges

| # | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
| 1 | Marcus Wilson Acheson | PA | 1828–1906 | 1891–1906 | — | — | B. Harrison / Operation of law | death |
| 2 | George M. Dallas | PA | 1839–1917 | 1892–1909 | — | — | B. Harrison | retirement |
| 3 | George Gray | DE | 1840–1925 | 1899–1914 | — | — | McKinley | retirement |
| 4 | Joseph Buffington | PA | 1855–1947 | 1906–1938 | — | 1938–1947 | T. Roosevelt | death |
| 5 | William M. Lanning | NJ | 1849–1912 | 1909–1912 | — | — | Taft | death |
| 6 | Robert W. Archbald | PA | 1848–1926 | 1911–1913 | — | — | | impeachment and conviction |
| 7 | John Bayard McPherson | PA | 1846–1919 | 1912–1919 | — | — | Taft | death |
| 8 | Victor Baynard Woolley | DE | 1867–1945 | 1914–1938 | — | 1938–1945 | Wilson | death |
| 9 | Thomas Griffith Haight | NJ | 1879–1942 | 1919–1920 | — | — | Wilson | resignation |
| 10 | John Warren Davis | NJ | 1867–1945 | 1920–1939 | — | 1939–1941 | Wilson | resignation |
| 11 | Joseph Whitaker Thompson | PA | 1861–1946 | 1931–1938 | — | 1938–1946 | Hoover | death |
| 12 | John Biggs Jr. | DE | 1895–1979 | 1937–1965 | 1948–1965 | 1965–1979 | F. Roosevelt | death |
| 13 | Albert Branson Maris | PA | 1893–1989 | 1938–1958 | — | 1958–1989 | F. Roosevelt | death |
| 14 | William Clark | NJ | 1891–1957 | 1938–1943 | — | — | F. Roosevelt | resignation |
| 15 | Francis Biddle | PA | 1886–1968 | 1939–1940 | — | — | F. Roosevelt | resignation |
| 16 | Charles Alvin Jones | PA | 1887–1966 | 1939–1944 | — | — | F. Roosevelt | resignation |
| 17 | Herbert Funk Goodrich | PA | 1889–1962 | 1940–1962 | — | — | F. Roosevelt | death |
| 18 | Gerald McLaughlin | NJ | 1893–1977 | 1943–1968 | — | 1968–1977 | F. Roosevelt | death |
| 19 | John Joseph O'Connell | PA | 1894–1949 | 1945–1949 | — | — | Truman | death |
| 20 | Harry Ellis Kalodner | PA | 1896–1977 | 1946–1969 | 1965–1966 | 1969–1977 | Truman | death |
| 21 | William H. Hastie | VI | 1904–1976 | 1949–1971 | 1968–1971 | 1971–1976 | Truman | death |
| 22 | Austin Leander Staley | PA | 1902–1978 | 1950–1967 | 1966–1967 | 1967–1978 | Truman | death |
| 23 | Phillip Forman | NJ | 1895–1978 | 1959–1961 | — | 1961–1978 | Eisenhower | death |
| 24 | James Cullen Ganey | PA | 1899–1972 | 1961–1966 | — | 1966–1972 | Kennedy | death |
| 25 | William Francis Smith | NJ | 1903–1968 | 1961–1968 | — | — | Kennedy | death |
| 26 | Abraham Lincoln Freedman | PA | 1904–1971 | 1964–1971 | — | — | L. Johnson | death |
| 27 | Collins J. Seitz | DE | 1914–1998 | 1966–1989 | 1971–1984 | 1989–1998 | L. Johnson | death |
| 28 | Francis Lund Van Dusen | PA | 1912–1993 | 1967–1977 | — | 1977–1993 | L. Johnson | death |
| 29 | Ruggero J. Aldisert | PA | 1919–2014 | 1968–1986 | 1984–1986 | 1986–2014 | L. Johnson | death |
| 30 | David Henry Stahl | PA | 1920–1970 | 1968–1970 | — | — | L. Johnson | death |
| 31 | Arlin M. Adams | PA | 1921–2015 | 1969–1987 | — | — | Nixon | retirement |
| 32 | John Joseph Gibbons | NJ | 1924–2018 | 1969–1990 | 1987–1990 | — | Nixon | retirement |
| 33 | Max Rosenn | PA | 1910–2006 | 1970–1981 | — | 1981–2006 | Nixon | death |
| 34 | James Rosen | NJ | 1909–1972 | 1971–1972 | — | — | Nixon | death |
| 35 | James Hunter III | NJ | 1916–1989 | 1971–1986 | — | 1986–1989 | Nixon | death |
| 36 | Joseph F. Weis Jr. | PA | 1923–2014 | 1973–1988 | — | 1988–2014 | Nixon | death |
| 37 | Leonard I. Garth | NJ | 1921–2016 | 1973–1986 | — | 1986–2016 | Nixon | death |
| 38 | A. Leon Higginbotham Jr. | PA | 1928–1998 | 1977–1991 | 1990–1991 | 1991–1993 | Carter | retirement |
| 39 | Dolores Sloviter | PA | 1932–2022 | 1979–2013 | 1991–1998 | 2013–2022 | Carter | death |
| 40 | Edward R. Becker | PA | 1933–2006 | 1981–2003 | 1998–2003 | 2003–2006 | Reagan | death |
| 41 | Carol Los Mansmann | PA | 1942–2002 | 1985–2002 | — | — | Reagan | death |
| 42 | Walter King Stapleton | DE | 1934–2024 | 1985–1999 | — | 1999–2024 | Reagan | death |
| 43 | Morton Ira Greenberg | NJ | 1933–2021 | 1987–2000 | — | 2000–2021 | Reagan | death |
| 44 | William D. Hutchinson | PA | 1932–1995 | 1987–1995 | — | — | Reagan | death |
| 48 | Samuel Alito | NJ | 1950–present | 1990–2006 | — | — | G.H.W. Bush | elevation to Supreme Court |
| 50 | Timothy K. Lewis | PA | 1954–present | 1992–1999 | — | — | G.H.W. Bush | resignation |
| 52 | H. Lee Sarokin | NJ | 1928–2023 | 1994–1996 | — | — | Clinton | retirement |
| 54 | Maryanne Trump Barry | NJ | 1937–2023 | 1999–2011 | — | 2011–2019 | Clinton | retirement |
| 58 | Michael Chertoff | NJ | 1953–present | 2003–2005 | — | — | G.W. Bush | resignation |
| 60 | Franklin Van Antwerpen | PA | 1941–2016 | 2004–2006 | — | 2006–2016 | G.W. Bush | death |
| 62 | Kent A. Jordan | DE | 1957–present | 2006–2025 | — | — | G.W. Bush | retirement |
| 64 | Joseph A. Greenaway Jr. | NJ | 1957–present | 2010–2023 | — | — | Obama | retirement |
| 65 | Thomas I. Vanaskie | PA | 1953–present | 2010–2018 | — | 2018–2019 | Obama | retirement |
* ↑ Acheson was appointed as a circuit judge for the Third Circuit in 1891 by Benjamin Harrison. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Third Circuit.

## Chief judges

Chief Judge :
| Biggs Jr. | 1948–1965 |
| Kalodner | 1965–1966 |
| Staley | 1966–1967 |
| Hastie | 1968–1971 |
| Seitz | 1971–1984 |
| Aldisert | 1984–1986 |
| Gibbons | 1987–1990 |
| Higginbotham | 1990–1991 |
| Sloviter | 1991–1998 |
| Becker | 1998–2003 |
| Scirica | 2003–2010 |
| McKee | 2010–2016 |
| D. Smith | 2016–2021 |
| Chagares | 2021–present |
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 fourteen seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.
Seat 1 :
| Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Third Circuit ||||
| Reassigned on June 16, 1891 to the newly formed United States Circuit Court of Appeals for the Third Circuit by the Judiciary Act of 1891 ||||
| Acheson | PA | 1892–1906 |
| Buffington | PA | 1906–1938 |
| Biddle | PA | 1939–1940 |
| Goodrich | PA | 1940–1962 |
| Freedman | PA | 1964–1971 |
| Weis, Jr. | PA | 1973–1988 |
| Nygaard | PA | 1988–2005 |
| Hardiman | PA | 2007–present |
Seat 2 :
| Established on June 16, 1891 by the Judiciary Act of 1891 ||||
| Dallas | PA | 1892–1909 |
| Lanning | NJ | 1909–1912 |
| McPherson | PA | 1912–1919 |
| Haight | NJ | 1919–1920 |
| Davis | NJ | 1920–1939 |
| Jones | PA | 1939–1944 |
| Kalodner | PA | 1946–1969 |
| Adams | PA | 1969–1987 |
| Hutchinson | PA | 1987–1995 |
| Rendell | PA | 1997–2015 |
| Bibas | PA | 2017–present |
Seat 3 :
| Established on February 23, 1899 by 30 Stat. 846 ||||
| Gray | DE | 1899–1914 |
| Woolley | DE | 1914–1938 |
| Maris | PA | 1938–1958 |
| Forman | NJ | 1959–1961 |
| W. Smith | NJ | 1961–1968 |
| Hunter III | NJ | 1971–1986 |
| Cowen | NJ | 1987–1998 |
| Fuentes | NJ | 2000–2016 |
| Matey | NJ | 2019–present |
Seat 4 :
| Established on June 10, 1930 by 46 Stat. 538 ||||
| Thompson | PA | 1931–1938 |
| Clark | NJ | 1938–1943 |
| McLaughlin | NJ | 1943–1968 |
| Gibbons | NJ | 1969–1990 |
| Alito | NJ | 1990–2006 |
| Greenaway, Jr. | NJ | 2010–2023 |
| vacant | NJ | 2023–present |
Seat 5 :
| Established as a temporary judgeship on June 24, 1936 by 49 Stat. 1903 ||||
| Made permanent on May 31, 1938, by 52 Stat. 584 ||||
| Biggs, Jr. | DE | 1937–1965 |
| Seitz | DE | 1966–1989 |
| Roth | DE | 1991–2006 |
| Jordan | DE | 2006–2025 |
| vacant | DE | 2025–present |
Seat 6 :
| Established on December 7, 1944, by 58 Stat. 796 ||||
| O'Connell | PA | 1945–1949 |
| Staley | PA | 1950–1967 |
| Aldisert | PA | 1968–1986 |
| Scirica | PA | 1987–2013 |
| Restrepo | PA | 2016–present |
Seat 7 :
| Established on August 3, 1949 by 63 Stat. 493 ||||
| Hastie | VI | 1950–1971 |
| Rosen | NJ | 1971–1972 |
| Garth | NJ | 1973–1986 |
| Greenberg | NJ | 1987–2000 |
| Chertoff | NJ | 2003–2005 |
| Chagares | NJ | 2006–present |
Seat 8 :
| Established on May 19, 1961 by 75 Stat. 80 ||||
| Ganey | PA | 1961–1966 |
| Van Dusen | PA | 1967–1977 |
| Higginbotham, Jr. | PA | 1977–1991 |
| McKee | PA | 1994–2022 |
| Freeman | PA | 2022–present |
Seat 9 :
| Established on June 18, 1968 by 82 Stat. 184 ||||
| Stahl | PA | 1968–1970 |
| Rosenn | PA | 1970–1981 |
| Becker | PA | 1981–2003 |
| Van Antwerpen | PA | 2004–2006 |
| Vanaskie | PA | 2010–2018 |
| Phipps | PA | 2019–present |
Seat 10 :
| Established on October 20, 1978 by 92 Stat. 1629 ||||
| Sloviter | PA | 1979–2013 |
| Krause | PA | 2014–present |
Seat 11 :
| Established on July 10, 1984 by 98 Stat. 333 ||||
| Mansmann | PA | 1985–2002 |
| Fisher | PA | 2003–2017 |
| Porter | PA | 2018–present |
Seat 12 :
| Established on July 10, 1984 by 98 Stat. 333 ||||
| Stapleton | DE | 1985–1999 |
| Ambro | DE | 2000–2023 |
| Montgomery-Reeves | DE | 2023–present |
Seat 13 :
| Established on December 1, 1990 by 104 Stat. 5089 ||||
| Lewis | PA | 1992–1999 |
| D. Smith | PA | 2002–2021 |
| Chung | PA | 2023–present |
Seat 14 :
| Established on December 1, 1990 by 104 Stat. 5089 ||||
| Sarokin | NJ | 1994–1996 |
| Barry | NJ | 1999–2011 |
| Shwartz | NJ | 2013–present |