Bench Memos

Law & the Courts

Summaries of D.C. Circuit, First Circuit, Second Circuit, Third Circuit, and Federal Circuit

To complete my formulaic summaries of who will become eligible to take senior status in each federal court of appeals:

D.C. CircuitThe D.C. Circuit has 11 active judgeships. All of them are filled. The court has 7 appointees of Democratic presidents (4 Obama, 3 Biden) and only 4 of Republican presidents (1 GHW Bush, 3 Trump).

Karen Henderson, appointed by George H.W. Bush in 1990, is eligible to take senior status. Obama appointee Cornelia Pillard will become senior-eligible at the end of 2027, and Obama appointee Patricia Millett at the end of 2028.


First Circuit. The First Circuit (Maine Massachusetts, New Hampshire, Puerto Rico, Rhode Island) has only 6 active judgeships. The court has 5 appointees of Democratic presidents (1 Obama, 4 Biden) and one vacancy. No one on that court will become senior-eligible before 2030.

Second Circuit. The Second Circuit (Connecticut, New York, Vermont) has 13 active judgeships. The court has 7 appointees of Democratic presidents (1 Obama, 6 Biden) and 6 of Republican presidents (1 GW Bush, 5 Trump).

Debra Livingston, appointed by George W. Bush, is eligible to take senior status, but her tenure as chief judge continues until September 2027.

Third Circuit. The Third Circuit (Delaware, New Jersey, Pennsylvania) has 14 active judgeships. The court has 7 appointees of Republican presidents (3 GW Bush, 4 Trump) and 6 of Democratic presidents (3 Obama, 3 Biden). In addition to one current vacancy, Kent Jordan, appointed by George W. Bush, will take senior status on January 15, 2025.




Michael Chagares, appointed by George W. Bush, will become senior-eligible in May 2027, but his tenure as chief judge continues until December 2028. On the Democratic side, Felipe Restrepo will become senior-eligible in August 2026, and Patty Shwartz in July 2027.

Federal Circuit. The Federal Circuit, which has specialized jurisdiction over patents, copyrights, government contracts, and other defined matters, has 12 active judgeships, all of which are filled. Appointees of Democratic presidents hold 8 of those seats (1 Clinton, 5 Obama, 2 Biden), and appointees of Republican presidents hold 4 (1 Reagan, 1 GHW Bush, 2 GW Bush).

Three appointees of Republican presidents—Alan Lourie, Pauline Newman, and Sharon Prost—are eligible for senior status. So are three appointees of Democratic president—Timothy Dyk, Jimmie Reyna, and Richard Taranto.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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