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(Redirected from U.S. Court of Appeals for the Second Circuit)
  

The United States Court of Appeals for the Second Circuit (incase citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:

United States Court of Appeals for the Second Circuit
(2d Cir.)
LocationThurgood Marshall U.S. Courthouse
(New York City, New York)
Appeals from
  • Eastern District of New York
  • Northern District of New York
  • Southern District of New York
  • Western District of New York
  • District of Vermont
    • EstablishedJune 16, 1891
    Judges13
    Circuit JusticeSonia Sotomayor
    Chief JudgeDebra Ann Livingston
    ca2.uscourts.gov

    The Second Circuit has its clerk's office and courtrooms at the Thurgood Marshall United States Courthouse at 40 Foley SquareinLower Manhattan.

    Because the Second Circuit includes New York City, it has long been one of the largest and most influential American federal appellate courts, especially in matters of contract law, securities law, and antitrust law. In the 20th century, it came to be considered one of the two most prestigious federal appellate courts, along with the District of Columbia Circuit Court.[1] Several notable judges have served on the Second Circuit, including three later named Associate Justices of the United States Supreme Court: John Marshall Harlan II, Thurgood Marshall, and Sonia Sotomayor. Judge Learned Hand served on the court from 1924 to 1961, as did his cousin, Augustus Noble Hand, from 1927 until 1953. Judge Henry Friendly served from 1959 to 1986.

    Current composition of the court

    edit

    As of August 10, 2023:

    # Title Judge Duty station Born Term of service Appointed by
    Active Chief Senior
    66 Chief Judge Debra Ann Livingston New York, NY 1959 2007–present 2020–present — G.W. Bush
    69 Circuit Judge Raymond Lohier New York, NY 1965 2010–present — — Obama
    72 Circuit Judge Richard J. Sullivan New York, NY 1964 2018–present — — Trump
    73 Circuit Judge Joseph F. Bianco Central Islip, NY 1966 2019–present — — Trump
    74 Circuit Judge Michael H. Park New York, NY 1976 2019–present — — Trump
    75 Circuit Judge William J. Nardini New Haven, CT 1969 2019–present — — Trump
    76 Circuit Judge Steven Menashi New York, NY 1979 2019–present — — Trump
    77 Circuit Judge Eunice C. Lee New York, NY 1970 2021–present — — Biden
    78 Circuit Judge Beth Robinson Burlington, VT 1965 2021–present — — Biden
    79 Circuit Judge Myrna Pérez New York, NY 1974 2021–present — — Biden
    80 Circuit Judge Alison Nathan New York, NY 1972 2022–present — — Biden
    81 Circuit Judge Sarah A. L. Merriam Bridgeport, CT 1971 2022–present — — Biden
    82 Circuit Judge Maria Araújo Kahn New Haven, CT 1964 2023–present — — Biden
    41 Senior Circuit Judge Jon O. Newman Hartford, CT 1932 1979–1997 1993–1997 1997–present Carter
    42 Senior Circuit Judge Amalya Kearse New York, NY 1937 1979–2002 — 2002–present Carter
    50 Senior Circuit Judge John M. Walker Jr. New Haven, CT 1940 1989–2006 2000–2006 2006–present G.H.W. Bush
    52 Senior Circuit Judge Dennis Jacobs New York, NY 1944 1992–2019 2006–2013 2019–present G.H.W. Bush
    53 Senior Circuit Judge Pierre N. Leval New York, NY 1936 1993–2002 — 2002–present Clinton
    54 Senior Circuit Judge Guido Calabresi New Haven, CT 1932 1994–2009 — 2009–present Clinton
    55 Senior Circuit Judge José A. Cabranes New Haven, CT 1940 1994–2023 — 2023–present Clinton
    58 Senior Circuit Judge Chester J. Straub inactive[2] 1937 1998–2008 — 2008–present Clinton
    59 Senior Circuit Judge Robert D. Sack New York, NY 1939 1998–2009 — 2009–present Clinton
    62 Senior Circuit Judge Barrington D. Parker Jr. New York, NY 1944 2001–2009 — 2009–present G.W. Bush
    63 Senior Circuit Judge Reena Raggi Brooklyn, NY 1951 2002–2018 — 2018–present G.W. Bush
    64 Senior Circuit Judge Richard C. Wesley Geneseo, NY 1949 2003–2016 — 2016–present G.W. Bush
    67 Senior Circuit Judge Gerard E. Lynch New York, NY 1951 2009–2016 — 2016–present Obama
    68 Senior Circuit Judge Denny Chin New York, NY 1954 2010–2021 — 2021–present Obama
    70 Senior Circuit Judge Susan L. Carney New Haven, CT 1951 2011–2022 — 2022–present Obama


    List of former judges

    edit
    # Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
    termination
    1 William James Wallace NY 1837–1917 1891–1907[Note 1] — — Arthur / Operation of law retirement
    2 Emile Henry Lacombe NY 1846–1924 1891–1916[Note 2] — — Cleveland / Operation of law retirement
    3 Nathaniel Shipman CT 1828–1906 1892–1902 — — B. Harrison retirement
    4 William Kneeland Townsend CT 1849–1907 1902–1907 — — T. Roosevelt death
    5 Alfred Conkling Coxe Sr. NY 1847–1923 1902–1917 — — T. Roosevelt retirement
    6 Henry Galbraith Ward NY 1851–1933 1907–1921[3] — 1921–1924 T. Roosevelt retirement
    7 Walter Chadwick Noyes CT 1865–1926 1907–1913[3] — — T. Roosevelt resignation
    8 Martin Augustine Knapp NY 1843–1923 1910–1916 — — [4] reassigned to the 4th Circuit
    9 Henry Wade Rogers CT 1853–1926 1913–1926 — — Wilson death
    10 Charles Merrill Hough NY 1858–1927 1916–1927 — — Wilson death
    11 Martin Thomas Manton NY 1880–1946 1918–1939 — — Wilson resignation
    12 Julius Marshuetz Mayer NY 1865–1925 1921–1924 — — Harding resignation
    13 Learned Hand NY 1872–1961 1924–1951 1948–1951 1951–1961 Coolidge death
    14 Thomas Walter Swan CT 1877–1975 1926–1953 1951–1953 1953–1975 Coolidge death
    15 Augustus Noble Hand NY 1869–1954 1927–1953 — 1953–1954 Coolidge death
    16 Harrie B. Chase VT 1889–1969 1929–1954 1953–1954 1954–1969 Coolidge death
    17 Julian Mack IL 1866–1943 1929–1940 — 1940–1943 [5] death
    18 Charles Edward Clark CT 1889–1963 1939–1963 1954–1959 — F. Roosevelt death
    19 Robert P. Patterson NY 1891–1952 1939–1940 — — F. Roosevelt resignation
    20 Jerome Frank NY 1889–1957 1941–1957 — — F. Roosevelt death
    21 Harold Medina NY 1888–1990 1951–1958 — 1958–1980 Truman retirement
    22 Carroll C. Hincks CT 1889–1964 1953–1959 — 1959–1964 Eisenhower death
    23 John Marshall Harlan II NY 1899–1971 1954–1955 — — Eisenhower elevation to Supreme Court
    24 J. Edward Lumbard NY 1901–1999 1955–1971 1959–1971 1971–1999 Eisenhower death
    25 Sterry R. Waterman VT 1901–1984 1955–1970 — 1970–1984 Eisenhower death
    26 Leonard P. Moore NY 1898–1982 1957–1971 — 1971–1982 Eisenhower death
    27 Henry Friendly NY 1903–1986 1959–1974 1971–1973 1974–1986 Eisenhower death
    28 J. Joseph Smith CT 1904–1980 1960–1971 — 1971–1980 Eisenhower death
    29 Irving Kaufman NY 1910–1992 1961–1987 1973–1980 1987–1992 Kennedy death
    30 Paul R. Hays NY 1903–1980 1961–1974 — 1974–1980 Kennedy death
    31 Thurgood Marshall NY 1908–1993 1961–1965 — — Kennedy resignation
    32 Robert P. Anderson CT 1906–1978 1964–1971 — 1971–1978 L. Johnson death
    33 Wilfred Feinberg NY 1920–2014 1966–1991 1980–1988 1991–2014 L. Johnson death
    34 Walter R. Mansfield NY 1911–1987 1971–1981 — 1981–1987 Nixon death
    35 William Hughes Mulligan NY 1918–1996 1971–1981 — — Nixon resignation
    36 James L. Oakes VT 1924–2007 1971–1992 1988–1992 1992–2007 Nixon death
    37 William H. Timbers CT 1915–1994 1971–1981 — 1981–1994 Nixon death
    38 Murray Gurfein NY 1907–1979 1974–1979 — — Ford[6] death
    39 Ellsworth Van Graafeiland NY 1915–2004 1974–1985 — 1985–2004 Ford death
    40 Thomas Meskill CT 1928–2007 1975–1993 1992–1993 1993–2007 Ford death
    43 Richard J. Cardamone NY 1925–2015 1981–1993 — 1993–2015 Reagan death
    44 Lawrence W. Pierce NY 1924–2020 1981–1990 — 1990–1995 Reagan retirement
    45 Ralph K. Winter Jr. CT 1935–2020 1981–2000 1997–2000 2000–2020 Reagan death
    46 George C. Pratt NY 1928–present 1982–1993 — 1993–1995 Reagan retirement
    47 Roger Miner NY 1934–2012 1985–1997 — 1997–2012 Reagan death
    48 Frank Altimari NY 1928–1998 1985–1996 — 1996–1998 Reagan death
    49 J. Daniel Mahoney NY 1931–1996 1986–1996 — — Reagan death
    51 Joseph M. McLaughlin NY 1933–2013 1990–1998 — 1998–2013 G.H.W. Bush death
    56 Fred I. Parker VT 1938–2003 1994–2003 — — Clinton death
    57 Rosemary S. Pooler NY 1938–2023 1998–2022 — 2022–2023 Clinton death
    60 Sonia Sotomayor NY 1954–present 1998–2009 — — Clinton elevation to Supreme Court
    61 Robert Katzmann NY 1953–2021 1999–2021 2013–2020 2021 Clinton death
    65 Peter W. Hall VT 1948–2021 2004–2021 — 2021 G.W. Bush death
    71 Christopher F. Droney CT 1954–present 2011–2019 — 2019–2020 Obama retirement
    1. ^ Wallace was appointed as a circuit judge for the Second Circuit in 1882 by Chester A. Arthur. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
  • ^ Lacombe was appointed as a circuit judge for the Second Circuit in 1887 by Grover Cleveland. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.

    • Chief judges

    edit
    Chief Judge
    Hand 1948–1951
    Swan 1951–1953
    Chase 1953–1954
    Clark 1954–1959
    Lumbard 1959–1971
    Friendly 1971–1973
    Kaufman 1973–1980
    Feinberg 1980–1988
    Oakes 1988–1992
    Meskill 1992–1993
    Newman 1993–1997
    Winter 1997–2000
    Walker 2000–2006
    Jacobs 2006–2013
    Katzmann 2013–2020
    Livingston 2020–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.[7]

    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.[8]


    Succession of seats

    edit

    The court has thirteen 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.

    See also

    edit

    References

    edit
    1. ^ Solimine, Michael E. (Summer 2005). "Judicial Stratification and the Reputations of the United States Courts of Appeals". Florida State University Law Review. 32 (4): 1341–1342. Retrieved July 22, 2020.
  • ^ "New York Law Journal". New York Law Journal. Retrieved March 24, 2018.
  • ^ a b Recess appointment, confirmed by the United States Senate at a later date.
  • ^ Knapp did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1910 by William Howard Taft. Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help. Knapp was assigned to the Second Circuit upon his commission.
  • ^ Mack did not have a permanent seat on this court. Instead, he was appointed to the ill-fated United States Commerce Court in 1911 by William Howard Taft. Aside from their duties on the Commerce Court, the judges of the Commerce Court also acted as at-large appellate judges, able to be assigned by the Chief Justice of the United States to whichever circuit most needed help. Mack was assigned to the Seventh Circuit immediately prior to his joint assignment to the Second and Sixth Circuit. Reassigned solely to the Second Circuit in 1930.
  • ^ Gurfein was nominated for a seat on the Second Circuit by President Nixon, but he was confirmed after Nixon's resignation and was appointed to the Second Circuit by (i.e., received his commission from) President Ford.
  • ^ 28 U.S.C. § 45
  • ^ 62 Stat. 871, 72 Stat. 497, 96 Stat. 51
    • edit
     
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    Last edited on 20 May 2024, at 19:41  





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