United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Second Circuit (2d Cir.)
Map
Thurgood Marshall United States Courthouse at 40 Centre Street.
Location	Thurgood Marshall United States Courthouse New York City
Appeals from	District of Connecticut Eastern District of New York Northern District of New York Southern District of New York Western District of New York District of Vermont
Established	June 16, 1891
Chief judge	Robert A. Katzmann
Active judges	13
Senior judges	10
Circuit justice	Ruth Bader Ginsburg
Official website

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

• District of Connecticut
• Eastern District of New York
• Northern District of New York
• Southern District of New York
• Western District of New York
• District of Vermont

The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square, and certain court offices temporarily relocated to the Woolworth Building at 233 Broadway.

Current composition of the court

Daniel Patrick Moynihan United States Courthouse at 500 Pearl Street; the court's temporary home.

With 13 active and 9 senior judges, the Second Circuit is midsized among the thirteen United States courts of appeals.

As of December 1, 2011, the active judges on the court are as follows: Ten former circuit judges continue to serve on senior status:

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
59	Chief Judge	Robert Katzmann	New York, NY	1953	1999–present	2013–present	—	Clinton
50	Circuit Judge	Dennis G. Jacobs	New York, NY	1944	1992–present	2006–2013	—	G.H.W. Bush
53	Circuit Judge	José A. Cabranes	New Haven, CT	1940	1994–present	—	—	Clinton
55	Circuit Judge	Rosemary S. Pooler	Syracuse, NY	1938	1998–present	—	—	Clinton
61	Circuit Judge	Reena Raggi	Brooklyn, NY	1951	2002–present	—	—	G.W. Bush
62	Circuit Judge	Richard C. Wesley	Geneseo, NY	1949	2003–present	—	—	G.W. Bush
63	Circuit Judge	Peter W. Hall	Rutland, VT	1948	2004–present	—	—	G.W. Bush
64	Circuit Judge	Debra Ann Livingston	New York, NY	1959	2007–present	—	—	G.W. Bush
65	Circuit Judge	Gerard E. Lynch	New York, NY	1951	2009–present	—	—	Obama
66	Circuit Judge	Denny Chin	New York, NY	1954	2010–present	—	—	Obama
67	Circuit Judge	Raymond Lohier, Jr.	New York, NY	1965	2010–present	—	—	Obama
68	Circuit Judge	Susan L. Carney	New Haven, CT	1951	2011–present	—	—	Obama
69	Circuit Judge	Christopher F. Droney	Hartford, CT	1954	2011–present	—	—	Obama
39	Senior Judge	Jon Ormond Newman	Hartford, CT	1932	1979–1997	1993–1997	1997–present	Carter
40	Senior Judge	Amalya Lyle Kearse	New York, NY	1937	1979–2002	—	2002–present	Carter
43	Senior Judge	Ralph K. Winter, Jr.	New Haven, CT	1935	1981–2000	1997–2000	2000–present	Reagan
48	Senior Judge	John M. Walker, Jr.	New Haven, CT	1940	1989–2006	2000–2006	2006–present	G.H.W. Bush
51	Senior Judge	Pierre N. Leval	New York, NY	1936	1993–2002	—	2002–present	Clinton
52	Senior Judge	Guido Calabresi	New Haven, CT	1932	1994–2009	—	2009–present	Clinton
56	Senior Judge	Chester J. Straub	New York, NY	1937	1998–2008	—	2008–present	Clinton
57	Senior Judge	Robert D. Sack	New York, NY	1939	1998–2009	—	2009–present	Clinton
60	Senior Judge	Barrington Daniels Parker, Jr.	New York, NY	1944	2001–2009	—	2009–present	G.W. Bush

List of former judges

Forty six judges used to serve on the court, but no longer do:

#	Judge	State	Born/Died	Active service	Chief Judge	Senior status	Appointed by	Reason for termination
1	William James Wallace	NY	1837–1917	1891–1907	—	—	Arthur	retirement
2	Emile Henry Lacombe	NY	1846–1924	1891–1916	—	—	Cleveland	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	—	1921–1924	T. Roosevelt	retirement
7	Walter Chadwick Noyes	CT	1865–1926	1907–1913	—	—	T. Roosevelt	resignation
8	Henry Wade Rogers	CT	1853–1926	1913–1926	—	—	Wilson	death
9	Charles Merrill Hough	NY	1858–1927	1916–1927	—	—	Wilson	death
10	Martin Thomas Manton	NY	1880–1946	1918–1939	—	—	Wilson	resignation
11	Julius Marshuetz Mayer	NY	1865–1925	1921–1924	—	—	Harding	resignation
12	Learned Hand	NY	1872–1961	1924–1951	1948–1951	1951–1961	Coolidge	death
13	Thomas Walter Swan	CT	1877–1975	1926–1953	1951–1953	1953–1975	Coolidge	death
14	Augustus Noble Hand	NY	1869–1954	1927–1953	—	1953–1954	Coolidge	death
15	Harrie Brigham Chase	VT	1889–1969	1929–1954	1953–1954	1954–1969	Coolidge	death
16	Charles Edward Clark	CT	1889–1963	1939–1963	1954–1959	—	F. Roosevelt	death
17	Robert Porter Patterson, Sr.	NY	1891–1952	1939–1940	—	—	F. Roosevelt	resignation
18	Jerome New Frank	NY	1889–1957	1941–1957	—	—	F. Roosevelt	death
19	Harold Raymond Medina	NY	1888–1990	1951–1958	—	1958–1980	Truman	retirement
20	Carroll Clark Hincks	CT	1889–1964	1953–1959	—	1959–1964	Eisenhower	death
21	John Marshall Harlan II	NY	1899–1971	1954–1955	—	—	Eisenhower	elevated to SCOTUS
22	Joseph Edward Lumbard	NY	1901–1999	1955–1971	1959–1971	1971–1999	Eisenhower	death
23	Sterry Robinson Waterman	VT	1901–1984	1955–1970	—	1970–1984	Eisenhower	death
24	Leonard Page Moore	NY	1898–1982	1957–1971	—	1971–1982	Eisenhower	death
25	Henry Friendly	NY	1903–1986	1959–1974	1971–1973	1974–1986	Eisenhower	death
26	John Joseph Smith	CT	1904–1980	1960–1971	—	1971–1980	Eisenhower	death
27	Irving Kaufman	NY	1910–1992	1961–1987	1973–1980	1987–1992	Kennedy	death
28	Paul Raymond Hays	NY	1903–1980	1962–1974	—	1974–1980	Kennedy	death
29	Thurgood Marshall	NY	1908–1993	1962–1965	—	—	Kennedy	resignation
30	Robert Palmer Anderson	CT	1906–1978	1964–1971	—	1971–1978	L. Johnson	death
31	Wilfred Feinberg	NY	1920–2014	1966–1991	1980–1988	1991–2014	L. Johnson	death
32	Walter Roe Mansfield	NY	1911–1987	1971–1981	—	1981–1987	Nixon	death
33	William Hughes Mulligan	NY	1918–1996	1971–1981	—	—	Nixon	resignation
34	James Lowell Oakes	VT	1924–2007	1971–1992	1988–1992	1992–2007	Nixon	death
35	William Homer Timbers	CT	1915–1994	1971–1981	—	1981–1994	Nixon	death
36	Murray Irwin Gurfein	NY	1907–1979	1974–1979	—	—	Nixon	death
37	Ellsworth Alfred Van Graafeiland	NY	1915–2004	1974–1985	—	1985–2004	Ford	death
38	Thomas Joseph Meskill	CT	1928–2007	1975–1993	1992–1993	1993–2007	Ford	death
41	Richard J. Cardamone	NY	1925–2015	1981–1993	—	1993–2015	Reagan	death
42	Lawrence Warren Pierce	NY	1924–present	1981–1990	—	1990–1995	Reagan	retirement
44	George Cheney Pratt	NY	1928–present	1982–1993	—	1993–1995	Reagan	retirement
45	Roger Jeffrey Miner	NY	1934–2012	1985–1997	—	1997–2012	Reagan	death
46	Frank X. Altimari	NY	1928–1998	1985–1996	—	1996–1998	Reagan	death
47	John Daniel Mahoney	NY	1931–1996	1986–1996	—	—	Reagan	death
49	Joseph Michael McLaughlin	NY	1933–2013	1990–1998	—	1998–2013	G.H.W. Bush	death
54	Fred I. Parker	VT	1938–2003	1994–2003	—	—	Clinton	death
58	Sonia Sotomayor	NY	1954–present	1998–2009	—	—	Clinton	elevated to SCOTUS

Chief judge

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 thirteen 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 6, 1869 by the Judiciary Act of 1869 as a circuit 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 the Judiciary Act of 1891 Wallace NY 1891–1907 Ward NY 1907–1921 Mayer NY 1921–1924 L. Hand NY 1924–1951 Medina NY 1951–1958 Friendly NY 1959–1974 Van Graafeiland NY 1974–1985 Altimari NY 1985–1996 Pooler NY 1998–present

Seat 2 Established on March 3, 1887 by 24 Stat. 492 as a circuit 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 the Judiciary Act of 1891 Lacombe NY 1891–1916 Hough NY 1916–1927 A. Hand NY 1927–1953 Harlan NY 1954–1955 Lumbard NY 1955–1971 Mulligan NY 1971–1981 Cardamone NY 1981–1993 Cabranes CT 1994–present

Seat 3 Established on June 16, 1891 by the Judiciary Act of 1891 Shipman CT 1892–1902 Townsend CT 1902–1907 Noyes CT 1907–1913 Rogers CT 1913–1926 Swan CT 1926–1953 Hincks CT 1953–1959 Smith CT 1960–1971 Meskill CT 1975–1993 Calabresi CT 1994–2009 Droney CT 2011–present

Seat 4 Established on April 17, 1902 by 32 Stat. 106 Coxe NY 1902–1917 Manton NY 1918–1939 Patterson NY 1939–1940 Frank NY 1941–1957 Moore NY 1958–1971 Mansfield NY 1971–1981 Winter CT 1981–2000 B. Parker NY 2001–2009 Carney CT 2011–present

Seat 5 Established on January 17, 1929 by 45 Stat. 1081 Chase VT 1929–1954 Waterman VT 1955–1970 Oakes VT 1971–1992 F. Parker VT 1994–2003 Hall VT 2004–present

Seat 6 Established on May 31, 1938 by 52 Stat. 584 Clark CT 1939–1963 Anderson CT 1964–1971 Timbers CT 1971–1981 Pratt NY 1982–1993 Leval NY 1993–2002 Wesley NY 2003–present

Seat 7 Established on May 19, 1961 by 75 Stat. 80 Kaufman NY 1961–1987 Walker NY 1989–2006 Livingston NY 2007–present

Seat 8 Established on May 19, 1961 by 75 Stat. 80 Hays NY 1962–1974 Gurfein NY 1974–1979 Pierce NY 1981–1990 McLaughlin NY 1990–1998 Straub NY 1998–2008 Lynch NY 2009–present

Seat 9 Established on May 19, 1961 by 75 Stat. 80 Marshall 1962–1965 Feinberg NY 1966–1991 Jacobs NY 1992–present

Seat 10 Established on October 20, 1978 by 92 Stat. 1629 Kearse NY 1979–2002 Raggi NY 2002–present

Seat 11 Established on October 20, 1978 by 92 Stat. 1629 Newman CT 1979–1997 Katzmann DC 1999–present

Seat 12 Established on July 10, 1984 by 98 Stat. 333 Miner NY 1985–1997 Sack NY 1998–2009 Chin NY 2010–present

Seat 13 Established on July 10, 1984 by 98 Stat. 333 Mahoney NY 1986–1996 Sotomayor NY 1998–2009 Lohier NY 2010–present

Notables

• Judge Learned Hand served on the Second Circuit from 1924 to 1961, as did his cousin, Augustus Noble Hand, from 1927 until 1953.
• Judge Henry Friendly served on the court from 1959 to 1986, and wrote a large number of notable and enduring opinions.
• Three U.S. Supreme Court Justices previously served on the Second Circuit: John Marshall Harlan II, Thurgood Marshall, and Sonia Sotomayor.

See also

• Federal judicial appointment history#Second Circuit

External links

• United States Court of Appeals for the Second Circuit
• Recent opinions from FindLaw