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United States Court of Appeals for the Second Circuit

From Wikipedia, the free encyclopedia
(Redirected from2d Cir.)
Current United States federal appellate court

United States Court of Appeals for the Second Circuit
(2d Cir.)
LocationThurgood Marshall U.S. Courthouse
Appeals from
EstablishedJune 16, 1891
Judges13
Circuit JusticeSonia Sotomayor
Chief JudgeDebra Ann Livingston
ca2.uscourts.gov

TheUnited States Court of Appeals for the Second Circuit (incase citations,2d Cir.) is one of the thirteenUnited States Courts of Appeals. Its territory covers the states ofConnecticut,New York, andVermont, and it hasappellate jurisdiction over theU.S. district courts in the followingfederal judicial districts:

The Second Circuit has its clerk's office and courtrooms at theThurgood Marshall United States Courthouse at 40Foley Square inLower Manhattan.

Because the Second Circuit includesNew York City, it has long been one of the most prestigious and influential federal appellate courts in the United States, especially in matters ofcontract law,securities law, andantitrust law. In the 20th century, it came to be considered one of the two most prominent federal appellate courts, along with theU.S. Court of Appeals for the District of Columbia Circuit.[1] Several notable judges have served on the Second Circuit, including three later namedAssociate Justices of theUnited States Supreme Court:John Marshall Harlan II,Thurgood Marshall, andSonia Sotomayor. JudgeLearned Hand served on the court from 1924 to 1961, as did his cousin,Augustus Noble Hand, from 1927 until 1953. JudgeHenry Friendly served from 1959 to 1986.

  • Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street; the court's former temporary home
    Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street; the court's former temporary home
  • Thurgood Marshall United States Courthouse at 40 Foley Square
    Thurgood Marshall United States Courthouse at 40 Foley Square

Current composition of the court

[edit]

As of July 13, 2024[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
66Chief JudgeDebra Ann LivingstonNew York, NY19592007–present2020–presentG.W. Bush
69Circuit JudgeRaymond LohierNew York, NY19652010–present Obama
72Circuit JudgeRichard J. SullivanNew York, NY19642018–present Trump
73Circuit JudgeJoseph F. BiancoCentral Islip, NY19662019–present Trump
74Circuit JudgeMichael H. ParkNew York, NY19762019–present Trump
75Circuit JudgeWilliam J. NardiniNew Haven, CT19692019–present Trump
76Circuit JudgeSteven MenashiNew York, NY19792019–present Trump
77Circuit JudgeEunice C. LeeNew York, NY19702021–present Biden
78Circuit JudgeBeth RobinsonBurlington, VT19652021–present Biden
79Circuit JudgeMyrna PérezNew York, NY19742021–present Biden
80Circuit JudgeAlison NathanNew York, NY19722022–present Biden
81Circuit JudgeSarah A. L. MerriamBridgeport, CT19712022–present Biden
82Circuit JudgeMaria Araújo KahnNew Haven, CT19642023–present Biden
41Senior Circuit JudgeJon O. NewmanHartford, CT19321979–19971993–19971997–present Carter
42Senior Circuit JudgeAmalya KearseNew York, NY19371979–20022002–present Carter
50Senior Circuit JudgeJohn M. Walker Jr.New Haven, CT19401989–20062000–20062006–presentG.H.W. Bush
52Senior Circuit JudgeDennis JacobsNew York, NY19441992–20192006–20132019–presentG.H.W. Bush
53Senior Circuit JudgePierre N. LevalNew York, NY19361993–20022002–present Clinton
54Senior Circuit JudgeGuido CalabresiNew Haven, CT19321994–20092009–present Clinton
55Senior Circuit JudgeJosé A. CabranesNew Haven, CT19401994–20232023–present Clinton
59Senior Circuit JudgeRobert D. SackNew York, NY19391998–20092009–present Clinton
62Senior Circuit JudgeBarrington D. Parker Jr.New York, NY19442001–20092009–presentG.W. Bush
63Senior Circuit JudgeReena RaggiBrooklyn, NY19512002–20182018–presentG.W. Bush
64Senior Circuit JudgeRichard C. WesleyGeneseo, NY19492003–20162016–presentG.W. Bush
67Senior Circuit JudgeGerard E. LynchNew York, NY19512009–20162016–present Obama
68Senior Circuit JudgeDenny ChinNew York, NY19542010–20212021–present Obama
70Senior Circuit JudgeSusan L. CarneyNew Haven, CT19512011–20222022–present Obama


List of former judges

[edit]
#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
1William James WallaceNY1837–19171891–1907[Note 1] Arthur /Operation of lawretirement
2Emile Henry LacombeNY1846–19241891–1916[Note 2] Cleveland /Operation of lawretirement
3Nathaniel ShipmanCT1828–19061892–1902B. Harrisonretirement
4William Kneeland TownsendCT1849–19071902–1907T. Rooseveltdeath
5Alfred Conkling Coxe Sr.NY1847–19231902–1917T. Rooseveltretirement
6Henry Galbraith WardNY1851–19331907–1921[2]1921–1924T. Rooseveltretirement
7Walter Chadwick NoyesCT1865–19261907–1913[2]T. Rooseveltresignation
8Martin Augustine KnappNY1843–19231910–1916[3]reassigned to the4th Circuit
9Henry Wade RogersCT1853–19261913–1926 Wilsondeath
10Charles Merrill HoughNY1858–19271916–1927 Wilsondeath
11Martin Thomas MantonNY1880–19461918–1939 Wilsonresignation
12Julius Marshuetz MayerNY1865–19251921–1924 Hardingresignation
13Learned HandNY1872–19611924–19511948–19511951–1961 Coolidgedeath
14Thomas Walter SwanCT1877–19751926–19531951–19531953–1975 Coolidgedeath
15Augustus Noble HandNY1869–19541927–19531953–1954 Coolidgedeath
16Harrie B. ChaseVT1889–19691929–19541953–19541954–1969 Coolidgedeath
17Julian MackIL1866–19431929–19401940–1943[4]death
18Charles Edward ClarkCT1889–19631939–19631954–1959F. Rooseveltdeath
19Robert P. PattersonNY1891–19521939–1940F. Rooseveltresignation
20Jerome FrankNY1889–19571941–1957F. Rooseveltdeath
21Harold MedinaNY1888–19901951–19581958–1980 Trumanretirement
22Carroll C. HincksCT1889–19641953–19591959–1964 Eisenhowerdeath
23John Marshall Harlan IINY1899–19711954–1955 Eisenhowerelevation toSupreme Court
24J. Edward LumbardNY1901–19991955–19711959–19711971–1999 Eisenhowerdeath
25Sterry R. WatermanVT1901–19841955–19701970–1984 Eisenhowerdeath
26Leonard P. MooreNY1898–19821957–19711971–1982 Eisenhowerdeath
27Henry FriendlyNY1903–19861959–19741971–19731974–1986 Eisenhowerdeath
28J. Joseph SmithCT1904–19801960–19711971–1980 Eisenhowerdeath
29Irving KaufmanNY1910–19921961–19871973–19801987–1992 Kennedydeath
30Paul R. HaysNY1903–19801961–19741974–1980 Kennedydeath
31Thurgood MarshallNY1908–19931961–1965 Kennedyresignation
32Robert P. AndersonCT1906–19781964–19711971–1978L. Johnsondeath
33Wilfred FeinbergNY1920–20141966–19911980–19881991–2014L. Johnsondeath
34Walter R. MansfieldNY1911–19871971–19811981–1987 Nixondeath
35William Hughes MulliganNY1918–19961971–1981 Nixonresignation
36James L. OakesVT1924–20071971–19921988–19921992–2007 Nixondeath
37William H. TimbersCT1915–19941971–19811981–1994 Nixondeath
38Murray GurfeinNY1907–19791974–1979 Ford[5]death
39Ellsworth Van GraafeilandNY1915–20041974–19851985–2004 Forddeath
40Thomas MeskillCT1928–20071975–19931992–19931993–2007 Forddeath
43Richard J. CardamoneNY1925–20151981–19931993–2015 Reagandeath
44Lawrence W. PierceNY1924–20201981–19901990–1995 Reaganretirement
45Ralph K. Winter Jr.CT1935–20201981–20001997–20002000–2020 Reagandeath
46George C. PrattNY1928–present1982–19931993–1995 Reaganretirement
47Roger MinerNY1934–20121985–19971997–2012 Reagandeath
48Frank AltimariNY1928–19981985–19961996–1998 Reagandeath
49J. Daniel MahoneyNY1931–19961986–1996 Reagandeath
51Joseph M. McLaughlinNY1933–20131990–19981998–2013G.H.W. Bushdeath
56Fred I. ParkerVT1938–20031994–2003 Clintondeath
57Rosemary S. PoolerNY1938–20231998–20222022–2023 Clintondeath
58Chester J. StraubNY1937–20241998–20082008–2024 Clintondeath
60Sonia SotomayorNY1954–present1998–2009 Clintonelevation toSupreme Court
61Robert KatzmannNY1953–20211999–20212013–20202021 Clintondeath
65Peter W. HallVT1948–20212004–20212021G.W. Bushdeath
71Christopher F. DroneyCT1954–present2011–20192019–2020 Obamaretirement
  1. ^Wallace was appointed as acircuit judge for the Second Circuit in 1882 byChester A. Arthur. TheJudiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Second Circuit.
  2. ^Lacombe was appointed as acircuit judge for the Second Circuit in 1887 byGrover Cleveland. TheJudiciary 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
Hand1948–1951
Swan1951–1953
Chase1953–1954
Clark1954–1959
Lumbard1959–1971
Friendly1971–1973
Kaufman1973–1980
Feinberg1980–1988
Oakes1988–1992
Meskill1992–1993
Newman1993–1997
Winter1997–2000
Walker2000–2006
Jacobs2006–2013
Katzmann2013–2020
Livingston2020–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (theSupreme 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.[6]

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 assenior 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.[7]

Succession of seats

[edit]

The court has thirteen seats for active judges, numbered in the order in which they were initially filled. Judges who assumesenior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing theU.S. President to appoint new judges to fill their seats.

Seat 1
Established on December 6, 1869 by theJudiciary Act of 1869 as acircuit judgeship for the Second Circuit
Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by theJudiciary Act of 1891
WallaceNY1891–1907
WardNY1907–1921
MayerNY1921–1924
L. HandNY1924–1951
MedinaNY1951–1958
FriendlyNY1959–1974
Van GraafeilandNY1974–1985
AltimariNY1985–1996
PoolerNY1998–2022
NathanNY2022–present
Seat 2
Established on March 3, 1887 by 24 Stat. 492 as acircuit judgeship for the Second Circuit
Reassigned on June 16, 1891 to the newly formed U.S. Circuit Court of Appeals for the Second Circuit by theJudiciary Act of 1891
LacombeNY1891–1916
HoughNY1916–1927
A. HandNY1927–1953
Harlan IINY1954–1955
LumbardNY1955–1971
MulliganNY1971–1981
CardamoneNY1981–1993
CabranesCT1994–2023
KahnCT2023–present
Seat 3
Established on June 16, 1891 by theJudiciary Act of 1891
ShipmanCT1892–1902
TownsendCT1902–1907
NoyesCT1907–1913
RogersCT1913–1926
SwanCT1926–1953
HincksCT1953–1959
SmithCT1960–1971
MeskillCT1975–1993
CalabresiCT1994–2009
DroneyCT2011–2019
NardiniCT2019–present
Seat 4
Established on April 17, 1902 by 32 Stat. 106
CoxeNY1902–1917
MantonNY1918–1939
PattersonNY1939–1940
FrankNY1941–1957
MooreNY1958–1971
MansfieldNY1971–1981
WinterCT1981–2000
B. ParkerNY2001–2009
CarneyCT2011–2022
MerriamCT2022–present

Seat 5
Established on January 17, 1929 by 45 Stat. 1081
ChaseVT1929–1954
WatermanVT1955–1970
OakesVT1971–1992
F. ParkerVT1994–2003
HallVT2004–2021
RobinsonVT2021–present
Seat 6
Established on May 31, 1938 by 52 Stat. 584
ClarkCT1939–1963
AndersonCT1964–1971
TimbersCT1971–1981
PrattNY1982–1993
LevalNY1993–2002
WesleyNY2003–2016
SullivanNY2018–present
Seat 7
Established on May 19, 1961 by 75 Stat. 80
KaufmanNY1961–1987
WalkerNY1989–2006
LivingstonNY2007–present
Seat 8
Established on May 19, 1961 by 75 Stat. 80
HaysNY1961–1974
GurfeinNY1974–1979
PierceNY1981–1990
McLaughlinNY1990–1998
StraubNY1998–2008
LynchNY2009–2016
ParkNY2019–present

Seat 9
Established on May 19, 1961 by 75 Stat. 80
MarshallNY1961–1965
FeinbergNY1966–1991
JacobsNY1992–2019
MenashiNY2019–present
Seat 10
Established on October 20, 1978 by 92 Stat. 1629
NewmanCT1979–1997
KatzmannNY1999–2021
LeeNY2021–present
Seat 11
Established on October 20, 1978 by 92 Stat. 1629
KearseNY1979–2002
RaggiNY2002–2018
BiancoNY2019–present
Seat 12
Established on July 10, 1984 by 98 Stat. 333
MinerNY1985–1997
SackNY1998–2009
ChinNY2010–2021
PérezNY2021–present

Seat 13
Established on July 10, 1984 by 98 Stat. 333
MahoneyNY1986–1996
SotomayorNY1998–2009
LohierNY2010–present

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. RetrievedJuly 22, 2020.
  2. ^abRecess appointment, confirmed by theUnited States Senate at a later date.
  3. ^Knapp did not have a permanent seat on this court. Instead, he was appointed to the ill-fatedUnited States Commerce Court in 1910 byWilliam 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 theChief Justice of the United States to whichever circuit most needed help. Knapp was assigned to the Second Circuit upon his commission.
  4. ^Mack did not have a permanent seat on this court. Instead, he was appointed to the ill-fatedUnited States Commerce Court in 1911 byWilliam 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 theChief Justice of the United States to whichever circuit most needed help. Mack was assigned to theSeventh Circuit immediately prior to his joint assignment to the Second andSixth Circuit. Reassigned solely to the Second Circuit in 1930.
  5. ^Gurfein wasnominated for a seat on the Second Circuit by President Nixon, but he was confirmed after Nixon's resignation and wasappointed to the Second Circuit by (i.e., received his commission from) President Ford.
  6. ^28 U.S.C. § 45
  7. ^62 Stat. 871, 72 Stat. 497, 96 Stat. 51

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