United States Court of Appeals for the Ninth Circuit

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Seal of the United States Court of Appeals for the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:

It also has appellate jurisdiction over the following territorial courts:

Headquartered in San Francisco, California, the Ninth Circuit is by far the largest of the thirteen courts of appeals, with 29 active judgeships. The court's regular meeting places are Seattle at the William K. Nakamura Courthouse, Portland at the Pioneer Courthouse, San Francisco at the James R. Browning U.S. Court of Appeals Building, and Pasadena at the Richard H. Chambers U.S. Court of Appeals, but panels of the court occasionally travel to hear cases in other locations within its territorial jurisdiction. Although the judges travel around the circuit, the court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from southern California are heard in Pasadena, and cases from northern California, Nevada, Arizona, and Hawaii are heard in San Francisco. For lawyers who must come and present their cases to the court in person, this administrative grouping of cases helps to reduce the time and cost of travel.

Contents

History and background

Ninth Circuit Court House in 1905
Year Jurisdiction Total population Pop. as % of nat'l pop. Number of active judgeships
1891 CA, ID, MT, NV, OR, WA 2,087,000 3.3% 2
1900 CA, HI, ID, MT, NV, OR, WA 2,798,000 3.7% 3
1920 AZ, CA, HI, ID, MT, NV, OR, WA 7,415,000 6.7% 3
1940 AZ, CA, HI, ID, MT, NV, OR, WA 11,881,000 9.0% 7
1960 AK, AZ, CA, GU, HI, ID, MT, NV, OR, WA 22,607,000 12.6% 9
1980 AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA 37,170,000 16.4% 23
2000 AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA 54,575,000 19.3% 28
2007 AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA 60,400,000 19.9% 28
2009 AK, AZ, CA, GU, HI, ID, MP, MT, NV, OR, WA 61,403,307 19.72% 29

The large size of the current court is due to the fact that both the population of the western states and the geographic jurisdiction of the Ninth Circuit have increased dramatically since Congress, in 1891, created the United States Court of Appeals for the Ninth Circuit. The court was originally granted appellate jurisdiction over federal district courts in California, Idaho, Montana, Nevada, Oregon, and Washington. As new states and territories were added to the federal judicial hierarchy in the twentieth century, many of those in the West were placed in the Ninth Circuit: the newly acquired territory of Hawaii in 1900, Arizona upon its accession to statehood in 1912, the then-territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands (CNMI) in 1977. The Ninth Circuit also had jurisdiction over China, in that it had jurisdiction over appeals from the United States Court for China during that court's existence from 1906 to 1943.[1] (China's population is not included in the above chart for 1920 or 1940, since the Court for China lacked plenary jurisdiction over China's domestic population, then numbering approximately 430 million; the Court exercised only extraterritorial jurisdiction over the relatively small number of U.S. citizens in China.)

However, the Philippines were never under the Ninth Circuit's jurisdiction; Congress never created a federal district court there from which the Ninth Circuit could hear appeals. Instead, Congress provided that appeals from the Supreme Court of the Philippines would go directly to the Supreme Court of the United States.[2] In 1979, the Ninth Circuit became the first federal judicial circuit to set up a Bankruptcy Appellate Panel as authorized by the Bankruptcy Reform Act of 1978.

The Richard H. Chambers U.S. Court of Appeals, Pasadena, California

The cultural and political jurisdiction of the Ninth Circuit is just as varied as the land within its geographical borders. In a dissenting opinion in a rights of publicity case involving Wheel of Fortune star Vanna White, Circuit Judge Alex Kozinski sardonically noted that "[f]or better or worse, we are the Court of Appeals for the Hollywood Circuit."[3] Judges from more remote parts of the circuit note the contrast between legal issues confronted by populous states such as California and those confronted by rural states such as Alaska, Idaho, and Montana. Judge Andrew J. Kleinfeld, who maintains his chambers in Fairbanks, Alaska, wrote in a 1998 letter: "Much federal law is not national in scope.... It is easy to make a mistake construing these laws when unfamiliar with them, as we often are, or not interpreting them regularly, as we never do."[4]

Controversy

Alleged political liberalism

According to the most current count, the Ninth Circuit has the highest percentage (68%) of sitting judges appointed by Democratic presidents. Republicans argue the court is biased because of its relatively high proportion of Democratic appointees.[5] However, Republicans have not been the only ones to make such an allegation.[6] Others argue the court's high percentage of reversals is illusory, resulting from the circuit hearing more cases than the other circuits; this results in the Supreme Court reviewing a smaller proportion of its cases, letting stand the vast majority of its cases.[7][8]

Former Chief Judges Mary M. Schroeder and Procter Ralph Hug, Jr.

Size of the court

Critics of the Ninth Circuit[9] claim there are several adverse consequences of its large size. Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court. In other circuits, en banc courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for twenty-eight or more judges to take part in a single oral argument and deliberate on a decision en masse. The court thus provides for a “limited en banc” review of a randomly selected 11 judge panel. This means that en banc reviews may not actually reflect the views of the majority of the court, and indeed may not include any of the three judges involved in the decision being reviewed in the first place. The result, according to detractors, is a high risk of intracircuit conflicts of law where different groupings of judges end up delivering contradictory opinions. This is said to cause uncertainty in the district courts and within the bar. However, en banc review is a relatively rare occurrence in all circuits and Ninth Circuit rules do provide for full en banc review in limited circumstances.[10] All currently proposed splits would leave at least one circuit with 21 judges, only two fewer than the 23 that the Ninth Circuit had when the limited en banc procedure was first adopted; in other words, after a split at least one of the circuits would still be utilizing limited en banc courts.[11]

In March 2007, Justices Anthony Kennedy and Clarence Thomas testified before a House Appropriations subcommittee that the consensus among the justices of the Supreme Court of the United States was that the Ninth Circuit was too large and unwieldy and should be split.[12]

Congressional officials, legislative commissions, and interest groups have all submitted proposals to divide the Ninth Circuit. These include the Ninth Circuit Court of Appeals Reorganization Act of 1993, H.R. 3654,[13] the Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals[14] the Ninth Circuit Court of Appeals of Reorganization Act of 2003, S. 562, the Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003, H.R. 2723, the Ninth Circuit Judgeship and Reorganization Act of 2004, S. 878 (reintroduced as the Ninth Circuit Judgeship and Reorganization Act of 2005, H.R. 211, and co-sponsored by House Majority Leader Tom DeLay), the Circuit Court of Appeals Restructuring and Modernization Act of 2005, S. 1845,[15] and the Circuit Court of Appeals Restructuring and Modernization Act of 2007, S. 525.[16]

Current composition of the court

As of April 1, 2013 (2013-04-01), the judges on the court are:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
62 Chief Judge Alex Kozinski Pasadena, California 1950 1985–present 2007–present — Reagan
50 Circuit Judge Harry Pregerson Woodland Hills, California 1923 1979–present — — Carter
57 Circuit Judge Stephen Reinhardt Los Angeles, California 1931 1980–present — — Carter
65 Circuit Judge Diarmuid Fionntain O'Scannlain Portland, Oregon 1937 1986–present — — Reagan
74 Circuit Judge Sidney Runyan Thomas Billings, Montana 1953 1996–present — — Clinton
75 Circuit Judge Barry G. Silverman Phoenix, Arizona 1951 1998–present — — Clinton
76 Circuit Judge Susan P. Graber Portland, Oregon 1949 1998–present — — Clinton
77 Circuit Judge M. Margaret McKeown San Diego, California 1951 1998–present — — Clinton
78 Circuit Judge Kim McLane Wardlaw Pasadena, California 1954 1998–present — — Clinton
79 Circuit Judge William A. Fletcher San Francisco, California 1945 1998–present — — Clinton
81 Circuit Judge Ronald M. Gould Seattle, Washington 1946 1999–present — — Clinton
82 Circuit Judge Richard A. Paez Pasadena, California 1947 2000–present — — Clinton
83 Circuit Judge Marsha S. Berzon San Francisco, California 1945 2000–present — — Clinton
84 Circuit Judge Richard C. Tallman Seattle, Washington 1953 2000–present — — Clinton
85 Circuit Judge Johnnie B. Rawlinson Las Vegas, Nevada 1952 2000–present — — Clinton
86 Circuit Judge Richard R. Clifton Honolulu, Hawaii 1950 2002–present — — G.W. Bush
87 Circuit Judge Jay Bybee Las Vegas, Nevada 1953 2003–present — — G.W. Bush
88 Circuit Judge Consuelo Maria Callahan Sacramento, California 1950 2003–present — — G.W. Bush
89 Circuit Judge Carlos T. Bea San Francisco, California 1934 2003–present — — G.W. Bush
90 Circuit Judge Milan D. Smith, Jr. El Segundo, California 1942 2006–present — — G.W. Bush
91 Circuit Judge Sandra Segal Ikuta Pasadena, California 1954 2006–present — — G.W. Bush
92 Circuit Judge N. Randy Smith Pocatello, Idaho 1949 2007–present — — G.W. Bush
93 Circuit Judge Mary H. Murguia Phoenix, Arizona 1960 2011–present — — Obama
94 Circuit Judge Morgan Christen Anchorage, Alaska 1961 2012–present — — Obama
95 Circuit Judge Jacqueline Nguyen Pasadena, California 1965 2012–present — — Obama
96 Circuit Judge Paul J. Watford Pasadena, California 1967 2012–present — — Obama
97 Circuit Judge Andrew D. Hurwitz Phoenix, Arizona 1947 2012–present — — Obama
— Circuit Judge vacant since December 31, 2004 — — — — — —
— Circuit Judge vacant since April 1, 2013 — — — — — —
38 Senior Circuit Judge Alfred Theodore Goodwin Pasadena, California 1923 1971–1991 1988–1991 1991–present Nixon
39 Senior Circuit Judge J. Clifford Wallace San Diego, California 1928 1972–1996 1991–1996 1996–present Nixon
43 Senior Circuit Judge Procter Ralph Hug, Jr. Reno, Nevada 1931 1977–2002 1996–2000 2002–present Carter
46 Senior Circuit Judge Mary M. Schroeder Phoenix, Arizona 1940 1979–2012 2000–2007 2012–present Carter
48 Senior Circuit Judge Joseph Jerome Farris Seattle, Washington 1930 1979–1995 — 1995–present Carter
49 Senior Circuit Judge Arthur Lawrence Alarcon Los Angeles, California 1925 1979–1992 — 1992–present Carter
53 Senior Circuit Judge Dorothy Wright Nelson Pasadena, California 1928 1979–1995 — 1995–present Carter
54 Senior Circuit Judge William Cameron Canby, Jr. Phoenix, Arizona 1931 1980–1996 — 1996–present Carter
63 Senior Circuit Judge John T. Noonan, Jr. San Francisco, California 1926 1985–1996 — 1996–present Reagan
66 Senior Circuit Judge Edward Leavy Portland, Oregon 1929 1987–1997 — 1997–present Reagan
67 Senior Circuit Judge Stephen S. Trott Boise, Idaho 1939 1988–2004 — 2005–present Reagan
68 Senior Circuit Judge Ferdinand Francis Fernandez Pasadena, California 1937 1989–2002 — 2002–present G.H.W. Bush
71 Senior Circuit Judge Andrew Jay Kleinfeld Fairbanks, Alaska 1945 1991–2010 — 2010–present G.H.W. Bush
72 Senior Circuit Judge Michael Daly Hawkins Phoenix, Arizona 1945 1994–2010 — 2010–present Clinton
73 Senior Circuit Judge A. Wallace Tashima Pasadena, California 1934 1996–2004 — 2004–present Clinton
80 Senior Circuit Judge Raymond C. Fisher Pasadena, California 1939 1999–2013 — 2013–present Clinton

Vacancies and pending nominations

Seat Seat last held by Vacancy reason Date of vacancy Nominee Nomination(s)
5 Stephen S. Trott Senior status December 31, 2004 —— ——
28 Raymond C. Fisher Senior status April 1, 2013 —— ——

List of former judges

# Judge State Born/Died Active service Term as Chief Judge Senior status Appointed by Reason for
termination
1 Sawyer, LorenzoLorenzo Sawyer CA 1820–1891 1891–1891 — — [17] death
2 McKenna, JosephJoseph McKenna CA 1843–1926 1892–1897 — — Harrison, B.B. Harrison Appointed U.S. Attorney General
3 Gilbert, William BallWilliam Ball Gilbert OR 1847–1931 1892–1931 — — Harrison, B.B. Harrison death
4 Ross, Erskine MayoErskine Mayo Ross CA 1845–1928 1895–1925 — 1925–1928 Cleveland, Cleveland death
5 Morrow, William W.William W. Morrow CA 1843–1929 1897–1923 — — McKinley, McKinley resignation
— Hunt, William HenryWilliam Henry Hunt MT 1857–1949 1911–1928 — 1928–1928 [18] resignation
6 Rudkin, Frank H.Frank H. Rudkin WA 1864–1931 1923–1931 — — Harding, Harding death
7 McCamant, WallaceWallace McCamant OR 1867–1944 1925[19]–1926 — — Coolidge, Coolidge recess appointment not confirmed by the United States Senate
8 Dietrich, Frank SigelFrank Sigel Dietrich ID 1863–1930 1927–1930 — — Coolidge, Coolidge death
9 Wilbur, Curtis D.Curtis D. Wilbur CA 1867–1954 1929–1945 — 1945–1954 Hoover, Hoover[20] death
10 Sawtelle, William HenryWilliam Henry Sawtelle AZ 1868–1934 1931–1934 — — Hoover, Hoover death
11 Garrecht, Francis ArthurFrancis Arthur Garrecht WA 1870–1948 1933–1948 — — Roosevelt, F.F. Roosevelt death
12 Denman, WilliamWilliam Denman CA 1872–1959 1935–1957 1948–1957 1957–1959 Roosevelt, F.F. Roosevelt death
13 Mathews, CliftonClifton Mathews AZ 1880–1962 1935–1953 — 1953–1962 Roosevelt, F.F. Roosevelt death
14 Haney, Bert EmoryBert Emory Haney OR 1879–1943 1935–1943 — — Roosevelt, F.F. Roosevelt death
15 Stephens, Sr., Albert LeeAlbert Lee Stephens, Sr. CA 1874–1965 1937–1961 1957–1959 1961–1965 Roosevelt, F.F. Roosevelt death
16 Healy, WilliamWilliam Healy ID 1881–1962 1937–1958 — 1958–1962 Roosevelt, F.F. Roosevelt death
17 Bone, HomerHomer Bone WA 1883–1970 1944–1956 — 1956–1970 Roosevelt, F.F. Roosevelt death
18 Orr, William EdwinWilliam Edwin Orr NV 1881–1965 1945–1956 — 1956–1965 Truman, Truman death
19 Pope, Walter LyndonWalter Lyndon Pope MT 1889–1969 1949–1961 1959–1959 1961–1969 Truman, Truman death
20 Lemmon, Dal MillingtonDal Millington Lemmon CA 1887–1958 1954–1958 — — Eisenhower, Eisenhower death
21 Chambers, Richard HarveyRichard Harvey Chambers AZ 1906–1994 1954–1976 1959–1976 1976–1994 Eisenhower, Eisenhower death
22 Fee, James AlgerJames Alger Fee OR 1888–1959 1954–1959 — — Eisenhower, Eisenhower death
23 Barnes, Stanley NelsonStanley Nelson Barnes CA 1900–1990 1956–1970 — 1970–1990 Eisenhower, Eisenhower death
24 Hamley, Frederick GeorgeFrederick George Hamley WA 1903–1975 1956–1971 — 1971–1975 Eisenhower, Eisenhower death
25 Hamlin, Jr., Oliver DevetaOliver Deveta Hamlin, Jr. CA 1892–1973 1958–1963 — 1963–1973 Eisenhower, Eisenhower death
26 Jertberg, Gilbert H.Gilbert H. Jertberg CA 1897–1973 1958–1967 — 1967–1973 Eisenhower, Eisenhower death
27 Merrill, Charles MertonCharles Merton Merrill NV 1907–1996 1959–1974 — 1974–1996 Eisenhower, Eisenhower death
28 Koelsch, Montgomery OliverMontgomery Oliver Koelsch ID 1912–1992 1959–1976 — 1976–1992 Eisenhower, Eisenhower death
29 Browning, James R.James R. Browning CA 1918-2012 1961–2000 1976–1988 2000–2012 Kennedy death
30 Duniway, Benjamin CushingBenjamin Cushing Duniway CA 1907–1986 1961–1976 — 1976–1986 Kennedy, Kennedy death
31 Ely, Jr., Walter RaleighWalter Raleigh Ely, Jr. CA 1913–1984 1964–1979 — 1979–1984 Johnson, L.L. Johnson death
32 Carter, James MarshallJames Marshall Carter CA 1904–1979 1967–1971 — 1971–1979 Johnson, L.L. Johnson death
33 Hufstedler, ShirleyShirley Hufstedler CA 1925–present 1968–1979 — — Johnson, L.L. Johnson Appointed U.S. Secretary of Education
34 Wright, Eugene AllenEugene Allen Wright WA 1913–2002 1969–1983 — 1983–2002 Nixon, Nixon death
35 Kilkenny, John FrancisJohn Francis Kilkenny OR 1901–1995 1969–1971 — 1971–1995 Nixon, Nixon death
36 Trask, Ozell MillerOzell Miller Trask AZ 1909–1984 1971–1984 — — Nixon, Nixon death
37 Choy, HerbertHerbert Choy HI 1916–2004 1971–1984 — 1984–2004 Nixon, Nixon death
40 Sneed III, Joseph TyreeJoseph Tyree Sneed III CA 1920-2008 1973–1987 — 1987–2008 Nixon, Nixon death
41 Kennedy, AnthonyAnthony Kennedy CA 1936–present 1975–1988 — — Ford, Ford elevation to Supreme Court
42 Anderson, J. BlaineJ. Blaine Anderson ID 1922–1988 1976–1988 — — Ford, Ford death
44 Tang, ThomasThomas Tang AZ 1922–1995 1977–1993 — 1993–1995 Carter, Carter death
45 Betty Binns Fletcher WA 1923-2012 1979–1998 — 1998–2012 Carter death
47 Otto Richard Skopil, Jr. OR 1919-2012 1979–1986 — 1986–2012 Carter death
51 Warren John Ferguson CA 1920–2008 1979–1986 — 1986–2008 Carter, Carter death
52 Poole, Cecil F.Cecil F. Poole CA 1914–1997 1979–1996 — 1996–1997 Carter, Carter death
55 Boochever, RobertRobert Boochever CA 1917-2011 1980–1986 — 1986–2011 Carter death
56 Norris, William AlbertWilliam Albert Norris CA 1927–present 1980–1994 — 1994–1997 Carter, Carter retirement
58 Beezer, Robert R.Robert R. Beezer WA 1928–2012 1984-1996 — 1996–2012 Reagan death
59 Cynthia Holcomb Hall CA 1929–2011 1984–1997 — 1997–2011 Reagan death
60 Wiggins, Charles EdwardCharles Edward Wiggins CA 1927–2000 1984–1996 — 1996–2000 Reagan, Reagan death
61 Brunetti, Melvin T.Melvin T. Brunetti NV 1933–2009 1985–1999 — 1999–2009 Reagan, Reagan death
64 Thompson, David R.David R. Thompson CA 1930–2011 1985–1998 — 1998–2011 Reagan death
69 Rymer, Pamela AnnPamela Ann Rymer CA 1941–2011 1989–2011 — (none) G.H.W. Bush death
70 Nelson, Thomas G.Thomas G. Nelson ID 1936–2011 1990–2003 — 2003–2011 G.H.W. Bush death

Chief judges

Chief Judge
Denman 1948–1957
Stephens 1957–1959
Pope 1959–1959
Chambers 1959–1976
Browning 1976–1988
Goodwin 1988–1991
Wallace 1991–1996
Hug 1996–2000
Schroeder 2000–2007
Kozinski 2007–present

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 29 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 Ninth Circuit
Reassigned to the United States Circuit Court of Appeals for the Ninth Circuit by the Judiciary Act of 1891
Sawyer CA 1891–1891
McKenna CA 1892–1897
Morrow CA 1897–1923
Rudkin WA 1923–1931
Garrecht WA 1933–1948
Pope MT 1949–1961
Browning DC 1961–2000
Ikuta CA 2006–present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
Gilbert OR 1892–1931
Denman CA 1935–1957
Hamlin CA 1958–1963
Ely CA 1964–1979
Norris CA 1980–1994
W. Fletcher CA 1998–present
Seat 3
Established on February 18, 1895 by 28 Stat. 665
Ross CA 1895–1925
McCamant OR 1925–1926
Dietrich ID 1927–1930
Sawtelle AZ 1931–1934
Mathews AZ 1935–1953
Fee OR 1954–1959
Koelsch ID 1959–1976
Anderson ID 1976–1988
T. Nelson ID 1990–2003
N.R. Smith ID 2007–present
Seat 4
Established as a temporary judgeship on March 1, 1929 by 45 Stat. 1414
Made permanent on June 16, 1933 by 48 Stat. 310
Wilbur CA 1929–1945
Orr NV 1945–1956
Barnes CA 1956–1970
Choy HI 1971–1984
Brunetti NV 1985–1999
Rawlinson NV 2000–present
Seat 5
Established on August 2, 1935 by 49 Stat. 508
Haney OR 1935–1943
Bone WA 1944–1956
Hamley WA 1956–1971
Sneed CA 1973–1987
Trott ID 1988–2004
(vacant) (n/a) 2004–present
Seat 6
Established on April 14, 1937 by 50 Stat. 64
Stephens CA 1937–1961
Duniway CA 1961–1976
Hug NV 1977–2002
Bybee NV 2003–present
Seat 7
Established on April 14, 1937 by 50 Stat. 64
Healy ID 1937–1958
Merrill NV 1959–1974
Kennedy CA 1975–1988
Rymer CA 1989–2011
Watford CA 2012–present
Seat 8
Established on February 10, 1954 by 68 Stat. 871
Lemmon CA 1954–1958
Jertberg CA 1958–1967
Carter CA 1967–1971
Wallace CA 1972–1996
Wardlaw CA 1998–present
Seat 9
Established on February 10, 1954 by 68 Stat. 871
Chambers AZ 1954–1976
Tang AZ 1977–1993
Hawkins AZ 1994–2010
Murguia AZ 2011–present
Seat 10
Established on June 18, 1968 by 82 Stat. 184
Hufstedler CA 1968–1979
Boochever AK 1980–1986
O'Scannlain OR 1986–present
Seat 11
Established on June 18, 1968 by 82 Stat. 184
Wright WA 1969–1983
Beezer WA 1984–1996
Gould WA 1999–present
Seat 12
Established on June 18, 1968 by 82 Stat. 184
Kilkenny OR 1969–1971
Goodwin OR 1971–1991
Kleinfeld AK 1991–2010
Christen AK 2011–present
Seat 13
Established on June 18, 1968 by 82 Stat. 184
Trask AZ 1969–1979
Canby AZ 1980–1996
Silverman AZ 1998–present
Seat 14
Established on October 20, 1978 by 92 Stat. 1629
B. Fletcher WA 1979–1998
Tallman WA 2000–present
Seat 15
Established on October 20, 1978 by 92 Stat. 1629
Schroeder AZ 1979–2012
Hurwitz AZ 2012–present
Seat 16
Established on October 20, 1978 by 92 Stat. 1629
Skopil OR 1979–1986
Leavy OR 1987–1997
Graber OR 1998–present
Seat 17
Established on October 20, 1978 by 92 Stat. 1629
Farris WA 1979–1995
McKeown WA 1998–present
Seat 18
Established on October 20, 1978 by 92 Stat. 1629
Alarcon CA 1979–1992
Tashima CA 1996–2004
M.D. Smith CA 2006–present
Seat 19
Established on October 20, 1978 by 92 Stat. 1629
Pregerson CA 1979–present
Seat 20
Established on October 20, 1978 by 92 Stat. 1629
Ferguson CA 1979–1986
Fernandez CA 1989–2002
Callahan CA 2003–present
Seat 21
Established on October 20, 1978 by 92 Stat. 1629
Poole CA 1979–1996
Paez CA 2000–present
Seat 22
Established on October 20, 1978 by 92 Stat. 1629
D. Nelson CA 1979–1995
Thomas MT 1996–present
Seat 23
Established on October 20, 1978 by 92 Stat. 1629
Reinhardt CA 1980–present
Seat 24
Established on July 10, 1984 by 98 Stat. 333
Hall CA 1984–1997
Clifton HI 2002–present
Seat 25
Established on July 10, 1984 by 98 Stat. 333
Wiggins NV 1984–1996
Bea CA 2003–present
Seat 26
Established on July 10, 1984 by 98 Stat. 333
Kozinski DC 1985–present
Seat 27
Established on July 10, 1984 by 98 Stat. 333
Noonan CA 1985–1996
Berzon CA 2000–present
Seat 28
Established on July 10, 1984 by 98 Stat. 333
Thompson CA 1985–1998
Fisher CA 1999–present
Seat 29
Established by Court Security Improvement Act of 2007;[21] Effective Jan 21, 2009
Nguyen CA 2012–present

See also

Notes

  1. ^ See, e.g., Republic of China v. Merchants' Fire Ass'n of N.Y., 49 F.2d 862 (9th Cir. 1931). As the court noted, this bizarre insurance claim dispute arose directly from the "perplexing" civil war during China's warlord era, in which various groups of military officers claimed to be the representatives of the Republic's legitimate government.
  2. ^ Kepner v. United States, 195 U.S. 100 (1904).
  3. ^ White v. Samsung Elec. Am., Inc., 989 F.2d 1512, 1521 (9th Cir. 1993) (Kozinski, J., dissenting).
  4. ^ Kleinfeld, Andrew J. (1998-05-22). Memo to the Commission on Structural Alternatives for the Federal Courts of Appeals. URL Retrieved June 21, 2005.
  5. ^ Bagley, Constance E.; Savage, Diane (2009). Managers and the Legal Environment: Strategies for the 21st Century. Cengage Learning. p. 1033. ISBN 9780324582048. Retrieved 4 August 2012. 
  6. ^ Matt Hadro (6 August 2012). "PBS Reporter Waters Down Liberal Bias of Ninth Circuit Court". NewsBusters. Media Research Center. Retrieved 28 July 2012. 
  7. ^ Jerome Farris, The Ninth Circuit—Most Maligned Circuit in the Country Fact or Fiction? 58 Ohio St. L.J. 1465 (1997) (noting that, in 1996, the Supreme Court let stand 99.7% of the Ninth Circuit's cases).
  8. ^ Carol J. Williams (18 July 2011). "U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals". Los Angeles Times. Retrieved 4 August 2012. 
  9. ^ O'Scannlain, Diarmuid (October 2005). "Ten Reasons Why the Ninth Circuit Should Be Split" (PDF). Engage 6 (2): 58–64. Archived from the original on May 10, 2006. Retrieved May 29, 2006. 
  10. ^ "Statement of Circuit Judge Alex Kozinski to the House Judiciary Subcommittee on Courts". U.S. House of Representatives. October 21, 2003. Retrieved February 6, 2012. 
  11. ^ Schroeder, Mary M.; et al. (April 2006). "A Court United: A Statement of a Number of Ninth Circuit Judges" (PDF). Engage 7 (1): 63–66. Retrieved June 6, 2006. 
  12. ^ C-SPAN America and the Courts, (March 17, 2007).
  13. ^ Eric J. Gribbin, 47 Duke L.J. 351, law.duke.edu
  14. ^ Final Report, Commission on Structural Alternatives for the Federal Courts of Appeals, Dec. 18, 1998
  15. ^ Testimony of Circuit Judge Richard Tallman: U.S. Court of Appeals for the Ninth Circuit. United States Senate: Committee on the Judiciary. Retrieved November 19, 2007.
  16. ^ Govtrack.us S. 525--110th Congress (2007): Circuit Court of Appeals Restructuring and Modernization Act of 2007, GovTrack.us (database of federal legislation): govtrack.us (Retrieved February 18, 2008)
  17. ^ Sawyer was appointed as a circuit judge for the Ninth Circuit in 1869 by Ulysses S. Grant. The Judiciary Act of 1891 reassigned his seat to what is now the U.S. Court of Appeals for the Ninth Circuit.
  18. ^ Hunt 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. Hunt was assigned to the Ninth Circuit upon his commission.
  19. ^ Recess appointment.
  20. ^ President Coolidge first nominated Wilbur for the judgeship in the final days of his presidency, but the Senate failed to act on it before the 70tb Congress ended on March 3, 1929. "Wilbur Nominated for Judge Post," Woodland Daily Democrat, 1929-03-01 at p. 1 (noting, as the Coolidge Administration ended, that Coolidge nominated Wilbur for the new judgeship); "Sentence Cut Out by Hoover," Oakland Tribune, 1929-03-04, Section D, p. 1 (noting that the Wilbur nomination was not acted upon before the 70th Congress ended). Hoover then resubmitted the nomination to the Senate in the 71st Congress, which approved it.
  21. ^ Court Security Improvement Act of 2007, Pub. L. 110-177 § 509(a)(2), 121 Stat. 2534, 2543, January 7, 2008

External links

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