United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Third Circuit (3d.)
Location	James A. Byrne United States Courthouse Philadelphia, Pennsylvania
Appeals from	District of Delaware District of New Jersey Eastern District of Pennsylvania Middle District of Pennsylvania Western District of Pennsylvania District of the Virgin Islands
Established	June 16, 1891
Chief judge	Theodore A. McKee
Active judges	14
Senior judges	9
Circuit justice	Samuel Alito
Official website

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

It also has appellate jurisdiction over the District Court of the Virgin Islands which is a court created under Article IV of the U.S. Constitution, rather than Article III under which the other district courts in the Circuit were created.

The court is composed of 14 active judges and is based at the James A. Byrne Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the U.S. Virgin Islands. It is one of thirteen 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 13, 2016, the judges on the court are as follows:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
50	Chief Judge	Theodore A. McKee	Philadelphia, PA	1947	1994–present	2010–present	—	Clinton
54	Circuit Judge	Thomas L. Ambro	Wilmington, DE	1949	2000–present	—	—	Clinton
55	Circuit Judge	Julio M. Fuentes	Newark, NJ	1946	2000–present	—	—	Clinton
56	Circuit Judge	D. Brooks Smith	Duncansville, PA	1951	2002–present	—	—	G.W. Bush
58	Circuit Judge	D. Michael Fisher	Pittsburgh, PA	1944	2003–present	—	—	G.W. Bush
60	Circuit Judge	Michael Chagares	Newark, NJ	1962	2006–present	—	—	G.W. Bush
61	Circuit Judge	Kent A. Jordan	Wilmington, DE	1957	2006–present	—	—	G.W. Bush
62	Circuit Judge	Thomas M. Hardiman	Pittsburgh, PA	1965	2007–present	—	—	G.W. Bush
63	Circuit Judge	Joseph A. Greenaway	Newark, NJ	1957	2010–present	—	—	Obama
64	Circuit Judge	Thomas I. Vanaskie	Scranton, PA	1953	2010–present	—	—	Obama
65	Circuit Judge	Patty Shwartz	Newark, NJ	1961	2013–present	—	—	Obama
66	Circuit Judge	Cheryl Ann Krause	Philadelphia, PA	1968	2014–present	—	—	Obama
67	Circuit Judge	Luis Felipe Restrepo	Philadelphia, PA	1959	2016–present	—	—	Obama
68	Circuit Judge	vacant	—	—	—	—	—	—
36	Senior Circuit Judge	Leonard I. Garth	Newark, NJ	1921	1973–1986	—	1986–present	Nixon
38	Senior Circuit Judge	Dolores Korman Sloviter	inactive	1932	1979–2013	1991–1998	2013–present	Carter
41	Senior Circuit Judge	Walter King Stapleton	Wilmington, DE	1934	1985–1999	—	1999–present	Reagan
42	Senior Circuit Judge	Morton Ira Greenberg	Trenton, NJ	1933	1987–2000	—	2000–present	Reagan
44	Senior Circuit Judge	Anthony Joseph Scirica	Philadelphia, PA	1940	1987–2013	2003–2010	2013–present	Reagan
45	Senior Circuit Judge	Robert E. Cowen	Trenton, NJ	1930	1987–1998	—	1998–present	Reagan
46	Senior Circuit Judge	Richard Lowell Nygaard	Erie, PA	1940	1988–2005	—	2005–present	Reagan
48	Senior Circuit Judge	Jane Richards Roth	Washington, DC	1935	1991–2006	—	2006–present	G.H.W. Bush
52	Senior Circuit Judge	Marjorie O. Rendell	Philadelphia, PA	1947	1997–2015	—	2015–present	Clinton
53	Senior Circuit Judge	Maryanne Trump Barry	Newark, NJ	1937	1999–2011	—	2011–present	Clinton
59	Senior Circuit Judge	Franklin Stuart Van Antwerpen	Easton, PA	1941	2004–2006	—	2006–present	G.W. Bush

Vacancies and pending nominations

Seat	Seat Last Held By	Vacancy Reason	Date of Vacancy	Nominee	Date of Nomination
2	Marjorie O. Rendell	Senior status	July 1, 2015	Rebecca Ross Haywood	March 15, 2016
3	Julio M. Fuentes	Senior status	July 18, 2016	–	–

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	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 Mershon Lanning	NJ	1849–1912	1909–1912	—	—	Taft	death
6	John Bayard McPherson	PA	1846–1919	1912–1919	—	—	Taft	death
7	Victor Baynard Woolley	DE	1867–1945	1914–1938	—	1938–1945	Wilson	death
8	Thomas Griffith Haight	NJ	1879–1942	1919–1920	—	—	Wilson	resignation
9	John Warren Davis	NJ	1867–1945	1920–1939	—	1939–1941	Wilson	resignation
10	Joseph Whitaker Thompson	PA	1861–1946	1931–1938	—	1938–1946	Hoover	death
11	John Biggs, Jr.	DE	1895–1979	1937–1965	1948–1965	1965–1979	F. Roosevelt	death
12	Albert Branson Maris	PA	1893–1989	1938–1958	—	1958–1989	F. Roosevelt	death
13	William Clark	NJ	1891–1957	1938–1943	—	—	F. Roosevelt	resignation
14	Francis Biddle	PA	1886–1968	1939–1940	—	—	F. Roosevelt	resignation
15	Charles Alvin Jones	PA	1887–1966	1939–1944	—	—	F. Roosevelt	resignation
16	Herbert Funk Goodrich	PA	1889–1962	1940–1962	—	—	F. Roosevelt	death
17	Gerald McLaughlin	NJ	1893–1977	1943–1968	—	1968–1977	F. Roosevelt	death
18	John Joseph O'Connell	PA	1894–1949	1945–1949	—	—	Truman	death
19	Harry Ellis Kalodner	PA	1896–1977	1946–1969	1965–1966	1969–1977	Truman	death
20	William Henry Hastie	VI	1904–1976	1949–1971	1968–1971	1971–1976	Truman	death
21	Austin Leander Staley	PA	1902–1978	1950–1967	1966–1967	1967–1978	Truman	death
22	Phillip Forman	NJ	1895–1978	1959–1961	—	1961–1978	Eisenhower	death
23	James Cullen Ganey	PA	1899–1972	1961–1966	—	1966–1972	Kennedy	death
24	William Francis Smith	NJ	1903–1968	1961–1968	—	—	Kennedy	death
25	Abraham Lincoln Freedman	PA	1904–1971	1964–1971	—	—	L. Johnson	death
26	Collins Jacques Seitz	DE	1914–1998	1966–1989	1971–1984	1989–1998	L. Johnson	death
27	Francis Lund Van Dusen	PA	1912–1993	1967–1977	—	1977–1993	L. Johnson	death
28	Ruggero Aldisert	PA	1919–2014	1968–1986	1984-1986	1986–2014	L. Johnson	death
29	David Henry Stahl	PA	1920–1970	1968–1970	—	—	L. Johnson	death
30	Arlin M. Adams	PA	1921–2015	1969–1987	—	—	Nixon	retirement
31	John Joseph Gibbons	NJ	1924–present	1969–1990	1987–1990	—	Nixon	retirement
32	Max Rosenn	PA	1910–2006	1970–1981	—	1981–2006	Nixon	death
33	James Rosen	NJ	1909–1972	1971–1972	—	—	Nixon	death
34	James Hunter III	NJ	1916–1989	1971–1986	—	1986–1989	Nixon	death
35	Joseph F. Weis, Jr.	PA	1923–2014	1973–1988	—	1988–2014	Nixon	death
37	Aloyisus Leon Higginbotham, Jr.	PA	1928–1998	1977–1991	1990–1991	1991–1993	Carter	retirement
39	Edward Roy Becker	PA	1933–2006	1981–2003	1998–2003	2003–2006	Reagan	death
40	Carol Los Mansmann	PA	1942–2002	1985–2002	—	—	Reagan	death
43	William D. Hutchinson	PA	1932–1995	1987–1995	—	—	Reagan	death
47	Samuel A. Alito, Jr.	NJ	1950–present	1990–2006	—	—	G.H.W. Bush	elevated to SCOTUS
49	Timothy K. Lewis	PA	1954–present	1992–1999	—	—	G.H.W. Bush	resignation
51	H. Lee Sarokin	NJ	1928–present	1994–1996	—	—	Clinton	retirement
57	Michael Chertoff	NJ	1953–present	2003–2005	—	—	G.W. Bush	resignation

Chief judges

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice (i.e., 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. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

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 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 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 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 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 vacant PA 2015–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 NJ 1971–1986 Cowen NJ 1987–1998 Fuentes NJ 2000–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 NJ 2010–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 DE 1937–1965 Seitz DE 1966–1989 Roth DE 1991–2006 Jordan DE 2006–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 PA 1977–1991 McKee PA 1994–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–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–present

Seat 12 Established on July 10, 1984 by 98 Stat. 333 Stapleton DE 1985–1999 Ambro DE 2000–present

Seat 13 Established on December 1, 1990 by 104 Stat. 5089 Lewis PA 1992–1999 B. Smith PA 2002–present

Seat 14 Established on December 1, 1990 by 104 Stat. 5089 Sarokin NJ 1994–1996 Barry NJ 1999–2011 Shwartz NJ 2013–present

See also

• Federal judicial appointment history#Third Circuit

External links

• United States Court of Appeals for the Third Circuit
• Recent opinions from Findlaw