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FYI: U.S. Court of Appeals - 15 Vacancies out of 179 Judgeships
December 28, 2005 | new yorker 77

Posted on 12/28/2005 12:19:07 PM PST by new yorker 77

Current Status of the U.S. Court of Appeals

Appellate Courts: 13

Judgeships: 179

Active Judges: 164

Vacancies: 15

Pending Nominees: 6

History Link: The U.S. Court of Appeals and the Federal Judiciary

Note: The thirteen appellate courts today have a total of 179 judgeships.

Note: There are currently 164 active judges on the thirteen appellate courts.

Note: There are currently 15 open seats on the thirteen appellate courts.

Note: Included as an open seat is the seat soon to be vacated by Judge Samuel A. Alito, Jr. from the 3rd Circuit.

Note: 2 of the 15 vacancies were created when previous Bush appointments were relocated: Judge Michael Chertoff, formerly of the 3rd Circuit is now DHS Secretary, and Judge John Glover Roberts, Jr., formerly of the DC Circuit, is now Chief Justice of the Supreme Court of the United States.

Note: While there are 15 vacancies, there may be other currently active judges who plan to assume senior status or retire altogether, which would add to the list of vacancies. That data is not shown in this post.

Note: There are 6 nominees still pending to these 15 open seats. Nominees: Terrence W. Boyle; William James Haynes, II; Claude Alexander Allen; Henry W. Saad; William Gerry Myers, III; Brett M. Kavanaugh

Status of Each Appellate Court

1st Circuit: Judgeships: 6; Active Judges: 6; Vacancies: 0; Senior Judges: 4

2nd Circuit: Judgeships: 13; Active Judges: 13; Vacancies: 0; Senior Judges: 10

3rd Circuit: Judgeships: 14; Active Judges: 12; Vacancies: 2; Senior Judges: 8

4th Circuit: Judgeships: 15; Active Judges: 13; Vacancies: 2; Senior Judges: 4

5th Circuit: Judgeships: 17; Active Judges: 16; Vacancies: 1; Senior Judges: 3

6th Circuit: Judgeships: 16; Active Judges: 15; Vacancies: 1; Senior Judges: 9

7th Circuit: Judgeships: 11; Active Judges: 10; Vacancies: 1; Senior Judges: 6

8th Circuit: Judgeships: 11; Active Judges: 11; Vacancies: 0; Senior Judges: 10

9th Circuit: Judgeships: 28; Active Judges: 24; Vacancies: 4; Senior Judges: 23

10th Circuit: Judgeships: 12; Active Judges: 11; Vacancies: 1; Senior Judges: 8

11th Circuit: Judgeships: 12; Active Judges: 12; Vacancies: 0; Senior Judges: 6

DC Circuit: Judgeships: 12; Active Judges: 9; Vacancies: 3; Senior Judges: 4

Federal Circuit: Judgeships: 12; Active Judges: 12; Vacancies: 0; Senior Judges: 4

The Following Links Direct you to the Current List of Judges for Each Appeals Court:

1st Circuit Judge Link:http://www.ca1.uscourts.gov/ - Click on Judges

2nd Circuit Judge Link:http://www.ca2.uscourts.gov/JudgesMain.htm - Click on 2d. Cir. Judges

3rd Circuit Judge Link:http://www.ca3.uscourts.gov/judgelist/coa-jdgs.pdf

4th Circuit Judge Link:http://www.ca4.uscourts.gov/Judges.htm -Click on Information - Then Click on Judges of the Court

5th Circuit Judge Link: http://www.lb5.uscourts.gov/judgebio/FifthCircuit/

6th Circuit Judge Link: http://www.ca6.uscourts.gov/internet/court_of_appeals/courtappeals_judges.htm

7th Circuit Judge Link:http://www.ca7.uscourts.gov/contact.htm

8th Circuit Judge Link:http://www.ca8.uscourts.gov/newcoa/judge.htm - Click on Eighth Circuit Judges Link on Left

9th Circuit Judge Link: http://www.ca9.uscourts.gov/ca9/Documents.nsf/174376a6245fda7888256ce5007d5470/0dbdee40d48f66408825683c0058477e?OpenDocument

10th Circuit Judge Link:http://www.ca10.uscourts.gov/judges.cfm

11th Circuit Judge Link:http://www.ca11.uscourts.gov/about/judges.php

DC Circuit Judge Link: http://www.cadc.uscourts.gov/internet/internet.nsf/Content/Stub+-+Biographical+Sketches+of+the+Judges+of+U.S.+Court+of+Appeals+for+the+DC+Circuit

Federal Circuit Judge Link:http://www.fedcir.gov/judgbios.html


TOPICS: Government
KEYWORDS: judciary
Reposted FYI with corrections.
1 posted on 12/28/2005 12:19:08 PM PST by new yorker 77
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To: new yorker 77

Can someone tell me the difference between an active and senior judge.


2 posted on 12/28/2005 12:58:00 PM PST by GarySpFc (De Oppresso Liber)
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To: new yorker 77

So 9 of the 15 vacancies don't even have pending nominees?
Those 9 are Bush's fault aren't they, unless the vacancies are very recent.


3 posted on 12/28/2005 12:58:58 PM PST by Mount Athos
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To: new yorker 77

The "history" link doesn't work..can you redo it.and thanks..


4 posted on 12/28/2005 1:34:41 PM PST by ken5050 (Ann Coulter needs to have children ASAP to pass on her gene pool....any volunteers?)
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To: Mount Athos

Those 9 would be filled in a timely manner if Democrats did not filibuster a third of Bush's nominees to this court already.

Bush will likely name more nominees in January or February.

Of the 9, 2 were previously occupied by Michael Chertoff-3rd Circuit and John Roberts-DC Circuit. Another is Sam Alito's seat.

Really, there are 6 vacancies Bush has yet to address with a nominee.


5 posted on 12/28/2005 1:35:44 PM PST by new yorker 77 (FAKE POLLS DO NOT TRANSLATE INTO REAL VOTERS!)
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To: ken5050

Go to http://www.fjc.gov/public/home.nsf/hisj



The U.S. Courts of Appeals and the Federal Judiciary

The U.S. courts of appeals were the first federal courts designed exclusively to hear cases on appeal from trial courts. In an effort to relieve the caseload burden in the Supreme Court and to handle a dramatic increase in federal filings, Congress, in the Judiciary Act of 1891, established nine courts of appeals, one for each judicial circuit. The existing circuit judges and a newly-authorized judge in each circuit were the judges of the appellate courts. The circuit justice and district judges in the circuit also were authorized to sit on the three-person courts of appeals panels. Although the act preserved the Supreme Court justices' assignment to circuits, circuit riding was no longer mandatory, and few justices attended.

The act of 1891, commonly known as the Evarts Act, gave the U.S. courts of appeals jurisdiction over the great majority of appeals from the U.S. district courts and the U.S. circuit courts. The Act sharply limited the categories of cases that could be routinely appealed to the Supreme Court, and the Judiciary Act of 1925 and later statutes continued that trend while expanding the jurisdiction of the courts of appeals. By the 1930s, the courts also had jurisdiction over administrative appeals of decisions rendered by federal regulatory agencies. The 1922 law that established the Conference of Senior Circuit Judges, the forerunner of the Judicial Conference of the United States, gave the senior judge in each circuit some formal administrative authority over the district courts in each circuit. Congress expanded the administrative responsibility of the courts of appeals judges in 1939 with the creation of the circuit judicial councils.

The courts of appeals grew in size and number as well. By the 1920s, each U.S. court of appeals had at least three assigned judgeships, thereby eliminating the need for the regular service of district judges on court of appeals panels. In 1893, Congress created a Court of Appeals of the District of Columbia. Two additional courts of appeals were created with the establishment of new regional circuits, the Tenth in 1929 and the Eleventh in 1980. In 1982, Congress combined the jurisdictions of the U.S. Court of Customs and Patent Appeals and the U.S. Court of Claims into one court, the U.S. Court of Appeals for the Federal Circuit. In recent years Congress has established commissions to examine possible changes in the structure of the courts of appeals. The Commission on Revision of the Federal Court Appellate System in 1973 recommended the division of the Fifth Circuit as well as the creation of a National Court of Appeals that would decide cases and settle inter-circuit conflicts. In 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals reported on proposals to divide the Ninth Circuit. It recommended preserving the circuit for the western states but dividing the circuit's court of appeals into regional divisions, while a "Circuit Division" with a rotating membership of Ninth Circuit judges would settle differences between the divisions.

In the Judicial Code of 1948, Congress changed the title of the federal appellate courts to the U.S. Court of Appeals for the respective Circuit. The thirteen appellate courts today have a total of 179 judgeships.


6 posted on 12/28/2005 1:37:06 PM PST by new yorker 77 (FAKE POLLS DO NOT TRANSLATE INTO REAL VOTERS!)
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To: GarySpFc
Active Judges are judges that preside over the courts case load.

Senior Judges are former Active Judges who preside as needed.

7 posted on 12/28/2005 1:40:44 PM PST by new yorker 77 (FAKE POLLS DO NOT TRANSLATE INTO REAL VOTERS!)
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To: new yorker 77
The "New FR" software eliminates responses even from one's personal event history - so I can't cut and paste comments from you last thread on this subject.

But note that Kavanaugh's nomination has already been returned to the President, and therefore isn't currently pending.

8 posted on 12/28/2005 1:40:55 PM PST by Cboldt
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To: GarySpFc
There are currently 99 Senior Judges listed as Senior Judges on the thirteen appellate courts.
9 posted on 12/28/2005 1:41:54 PM PST by new yorker 77 (FAKE POLLS DO NOT TRANSLATE INTO REAL VOTERS!)
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To: new yorker 77

Many thanks


10 posted on 12/28/2005 1:44:04 PM PST by ken5050 (Ann Coulter needs to have children ASAP to pass on her gene pool....any volunteers?)
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To: Cboldt

That may be the case technically.

As long as a nominee has refused to withdraw consideration and continues to be resubmitted, I will consider them still pending.

Brett M. Kavanaugh
- 1st Appointed: July 25, 2003;
- FILIBUSTERED;
- Re-Appointed: February 14, 2005

He will be reappointed.


11 posted on 12/28/2005 1:45:09 PM PST by new yorker 77 (FAKE POLLS DO NOT TRANSLATE INTO REAL VOTERS!)
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To: Cboldt

Actually, I missed the Kavanaugh rejection along with a new nominee.

Dec. 19: President Nominates Former Idaho GOP Chair to Ninth Circuit

President Bush Friday nominated former Idaho Republican Chairman N. Randy Smith, now a state trial judge, to the Ninth U.S. Circuit Court of Appeals.

If confirmed by the Senate, Smith, 56, would fill the vacancy created when Judge Stephen Trott took senior status.

http://www.metnews.com/articles/2005/smit121905.htm


12 posted on 12/28/2005 1:54:19 PM PST by new yorker 77 (FAKE POLLS DO NOT TRANSLATE INTO REAL VOTERS!)
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To: new yorker 77
Re: Kavanuagh nomination being returned to the President ...

That may be the case technically.
As long as a nominee has refused to withdraw consideration and continues to be resubmitted, I will consider them still pending.

Yes, I was pointing out a technicality. Of the Circuit Court nominees, 2 are presently on the Senate's Executive Calendar (Myers and Boyle) and 2 are on the Judiciary Committee docket (Haynes and Saad). Senate Rule XXXI has all nominations being returned to the President at the conclusion of a session of Congress.

I don't believe Kavanaugh was ever the subject of a failed cloture motion.

Cloture Motions on Circuit Court Nominations in 108th Congress
http://www.senate.gov/pagelayout/reference/cloture_motions/108.htm

Date   Nominee               Filed By  Date   Vote Result    DEM Aye's for Cloture
------ -------               --------  ------ -----------    ---------------------
Jul 21 David W. McKeague     Frist     Jul 22 53-44 No.162 F Miller, Nelson (NE)
Jul 21 Richard A. Griffin    Frist     Jul 22 54-44 No.161 F Miller, Nelson (NE)
Jul 20 Henry W. Saad         Frist     Jul 22 52-46 No.160 F Miller
Jul 16 William G. Myers      Frist     Jul 20 53-44 No.158 F Biden, Nelson (NE)
May 14 Marcia G. Cooke       Kyl       May 18   UC         V
Nov 12 Janice R. Brown       Frist     Nov 14 53-43 No.452 F Miller, Nelson (NE)
Nov 12 Carolyn B. Kuhl       Frist     Nov 14 53-43 No.451 F Miller, Nelson (NE)
Nov 12 Priscilla R. Owen     Frist     Nov 14 53-42 No.450 F Miller, Nelson (NE)
Nov 04 William H. Pryor      Santorum  Nov 06 51-43 No.441 F Miller, Nelson (NE)
Oct 28 Charles W. Pickering  McConnell Oct 30 54-43 No.419 F Breaux, Miller
Jul 30 Carolyn B. Kuhl       Frist     Jul 31   UC         V
Jul 29 William H. Pryor      McConnell Jul 31 53-44 No.316 F Miller, Nelson (NE)
Jul 28 Miguel A. Estrada     Sessions  Jul 30 55-43 No.312 F Breaux, Miller, Nelsons (NE/FL)
Jul 25 Priscilla R. Owen     Hatch     Jul 29 53-43 No.308 F Miller, Nelson (NE)
Jun 27 Victor J. Wolski      Frist     Jul 08   UC         V
May 06 Priscilla R. Owen     McConnell May 08 52-45 No.144 F Miller, Nelson (NE)
May 06 Miguel A. Estrada     McConnell May 08 54-43 No.143 F Breaux, Miller, Nelsons (NE/FL)
May 01 Miguel A. Estrada     McConnell May 05 52-39 No.140 F Breaux, Nelsons (NE/FL)
Apr 29 Priscilla R. Owen     McConnell May 01 52-44 No.137 F Miller, Nelson (NE)
Mar 31 Miguel A. Estrada     Bennett   Apr 02 55-44 No.114 F Breaux, Miller, Nelsons (NE/FL)
Mar 13 Miguel A. Estrada     Frist     Mar 18 55-45 No. 56 F Breaux, Miller, Nelsons (NE/FL)
Mar 11 Miguel A. Estrada     Frist     Mar 13 55-42 No. 53 F Breaux, Miller, Nelsons (NE/FL)
Mar 04 Miguel A. Estrada     Frist     Mar 06 55-44 No. 40 F Breaux, Miller, Nelsons (NE/FL)


13 posted on 12/28/2005 1:59:22 PM PST by Cboldt
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To: Cboldt

I count a threatened FILIBUSTER as a FILIBUSTER.

A Cloture Vote is the finished product.

I do not limit their obstruction to a floor vote.


14 posted on 12/28/2005 2:01:28 PM PST by new yorker 77 (FAKE POLLS DO NOT TRANSLATE INTO REAL VOTERS!)
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To: new yorker 77
I count a threatened FILIBUSTER as a FILIBUSTER.

Boyle and Haynes fits that bill too, as does Kavanaugh as you noted. I would say that any judge that fails to come up for a vote has been filibustered; becuase that is the only reason for not voting on the nomination.

Myers and Saad were subjected to failed cloture votes in the 108th Congress - and for them you'll get near unanimous agreement that their nominations were openly filibustered.

15 posted on 12/28/2005 2:05:27 PM PST by Cboldt
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