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United States Court of Appeals for the Ninth Circuit
Federal appellate court for the western U.S.

The United States Court of Appeals for the Ninth Circuit is the largest of the 13 U.S. federal courts of appeals, with appellate jurisdiction over district courts in nine states, including the District of Arizona, the Northern District of California, and others, as well as territorial courts such as the District of Guam. Headquartered in San Francisco, it holds sessions in locations like Seattle and Portland. The court manages hearings to minimize travel for attorneys, grouping cases by region, and judges may also serve temporarily on the High Court of American Samoa. It maintains 29 active judgeships and handles a wide array of federal appeals across a vast jurisdiction.

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History

YearJurisdictionTotal populationPop. as % of nat'l pop.Number of active judgeships
1891California, Idaho, Montana, Nevada, Oregon, Washington2,087,0003.3%2
1900Territory of Hawaii added2,798,0003.7%3
1912Arizona added7,415,00036.7%3
194011,881,00049.0%7
1960Alaska and Guam added22,607,00012.6%9
1980Northern Mariana Islands added37,170,00016.4%23
200054,575,00019.3%28
200760,400,00019.9%28
200961,403,30719.72%29
201061,742,85819.99%29
202066,848,86920.17%29

The Ninth Circuit's large size is due to the dramatic increases in both the population of the western states and the court's geographic jurisdiction that have occurred since the U.S. Congress created the Ninth Circuit in 1891.5 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 admission to the Union in 1912, the Territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the Northern Mariana Islands in 1977.

The Ninth Circuit also had jurisdiction over certain American interests in China, in that it had jurisdiction over appeals from the United States Court for China during the existence of that court from 1906 through 1943.67

However, the Philippines was never under the Ninth Circuit's jurisdiction. Congress never created a federal district court in the Philippines from which the Ninth Circuit could hear appeals.8 Instead, appeals from the Supreme Court of the Philippines were taken directly to the Supreme Court of the United States.9

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 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 the 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."10 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, Montana, and Nevada.

Judge Andrew J. Kleinfeld, who maintains his judicial chambers in Fairbanks, Alaska, wrote in a letter in 1998: "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."11

Criticism

Rate of overturned decisions

From 1999 to 2008, of the Ninth Circuit Court rulings that were accepted for review by the Supreme Court, 20% were affirmed, 19% were vacated, and 61% were reversed; the median reversal rate for all federal appellate courts was 68.29% for the same period.12 From 2010 to 2015, of the cases it accepted to review, the Supreme Court reversed around 79% of the cases from the Ninth Circuit, ranking its reversal rate third among the circuits; the median reversal rate for all federal circuits for the same time period was around 70 percent.13

Some 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.1415

However, a detailed study in 2018 reported by Brian T. Fitzpatrick, a law professor at Vanderbilt University, looked at how often a federal circuit court was reversed for every thousand cases it terminated on the merits between 1994 and 2015.16 The study found that the Ninth Circuit's decisions were reversed at a rate of 2.50 cases per thousand, which was by far the highest rate in the country, with the Sixth Circuit second as 1.73 cases per thousand.1718 Fitzpatrick also noted that the 9th Circuit was unanimously reversed more than three times as often as the least reversed circuits and over 20% more often than the next closest circuit.19

Size of the court

Many commentators have argued that the Ninth Circuit faces several adverse consequences of its large size,20 such as "unwieldly size, procedural inefficiencies, jurisprudential unpredictability, and unusual en banc process."21

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 29 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 by the Chief Judge and a panel of 10 randomly selected judges.22 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. That 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 provide for full en banc review in limited circumstances.23

All recently 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 using limited en banc courts.24

In March 2007, Associate 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.25

Congressional officials, legislative commissions, and interest groups have all submitted proposals to divide the Ninth Circuit such as:

  • Ninth Circuit Court of Appeals Reorganization Act of 1993, H.R. 365426
  • Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals27
  • Ninth Circuit Court of Appeals of Reorganization Act of 2003, S. 562
  • Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003, H.R. 2723
  • 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)
  • Circuit Court of Appeals Restructuring and Modernization Act of 2005, S. 184528
  • Circuit Court of Appeals Restructuring and Modernization Act of 2007, S. 52529
  • Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2017, H.R. 19630

The more recent proposals have aimed to redefine the Ninth Circuit to cover California, Hawaii, Guam, and the Northern Mariana Islands, and to create a new Twelfth Circuit to cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.

Current composition of the court

As of November 15, 2023:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
94Chief JudgeMary H. MurguiaPhoenix, AZ19602011–present2021–present—Obama
79Circuit JudgeKim McLane WardlawPasadena, CA19541998–present——Clinton
82Circuit JudgeRonald M. GouldSeattle, WA19461999–present——Clinton
86Circuit JudgeJohnnie B. RawlinsonLas Vegas, NV19522000–present——Clinton
89Circuit JudgeConsuelo CallahanSacramento, CA19502003–present——G.W. Bush
91Circuit JudgeMilan SmithEl Segundo, CA19422006–present——G.W. Bush
92Circuit JudgeSandra Segal IkutaPasadena, CA19542006–present——G.W. Bush
95Circuit JudgeMorgan ChristenAnchorage, AK19612012–present——Obama
96Circuit JudgeJacqueline NguyenPasadena, CA19652012–present——Obama
99Circuit JudgeJohn B. OwensSan Diego, CA19712014–present——Obama
100Circuit JudgeMichelle FriedlandSan Jose, CA19722014–present——Obama
101Circuit JudgeMark J. BennettHonolulu, HI19532018–present——Trump
102Circuit JudgeRyan D. NelsonIdaho Falls, ID19732018–present——Trump
103Circuit JudgeEric D. MillerSeattle, WA19752019–present——Trump
104Circuit JudgeBridget S. BadePhoenix, AZ19652019–present——Trump
105Circuit JudgeDaniel P. CollinsPasadena, CA19632019–present——Trump
106Circuit JudgeKenneth K. LeeSan Diego, CA19752019–present——Trump
107Circuit JudgeDaniel BressSan Francisco, CA19792019–present——Trump
108Circuit JudgeDanielle J. ForrestPortland, OR19772019–present——Trump
109Circuit JudgePatrick J. BumataySan Diego, CA19782019–present——Trump
110Circuit JudgeLawrence VanDykeReno, NV19722020–present——Trump
111Circuit JudgeLucy KohSan Francisco, CA19682021–present——Biden
112Circuit JudgeJennifer SungPortland, OR19722021–present——Biden
113Circuit JudgeGabriel P. SanchezSan Francisco, CA19762022–present——Biden
114Circuit JudgeHolly A. ThomasPasadena, CA19792022–present——Biden
115Circuit JudgeSalvador Mendoza Jr.Richland, WA19712022–present——Biden
116Circuit JudgeRoopali DesaiPhoenix, AZ19782022–present——Biden
117Circuit JudgeAnthony JohnstoneMissoula, MT19732023–present——Biden
118Circuit JudgeAna de AlbaFresno, CA19792023–present——Biden
40Senior Circuit JudgeJ. Clifford WallaceSan Diego, CA19281972–19961991–19961996–presentNixon
47Senior Circuit JudgeMary M. SchroederPhoenix, AZ19401979–20112000–20072011–presentCarter
54Senior Circuit JudgeDorothy Wright NelsonPasadena, CA19281979–1995—1995–presentCarter
55Senior Circuit JudgeWilliam CanbyPhoenix, AZ19311980–1996—1996–presentCarter
66Senior Circuit JudgeDiarmuid O'ScannlainPortland, OR19371986–2016—2016–presentReagan
68Senior Circuit JudgeStephen S. Trottinactive19391988–2004—2004–presentReagan
69Senior Circuit JudgeFerdinand FernandezPasadena, CA19371989–2002—2002–presentG.H.W. Bush
72Senior Circuit JudgeAndrew KleinfeldFairbanks, AK19451991–2010—2010–presentG.H.W. Bush
73Senior Circuit JudgeMichael Daly HawkinsPhoenix, AZ19451994–2010—2010–presentClinton
74Senior Circuit JudgeA. Wallace TashimaPasadena, CA19341996–2004—2004–presentClinton
75Senior Circuit JudgeSidney R. ThomasBillings, MT19531996–20232014–20212023–presentClinton
76Senior Circuit JudgeBarry G. SilvermanPhoenix, AZ19511998–2016—2016–presentClinton
77Senior Circuit JudgeSusan P. GraberPortland, OR19491998–2021—2021–presentClinton
78Senior Circuit JudgeM. Margaret McKeownSan Diego, CA19511998–2022—2022–presentClinton
80Senior Circuit JudgeWilliam A. FletcherSan Francisco, CA19451998–2022—2022–presentClinton
83Senior Circuit JudgeRichard PaezPasadena, CA19472000–2021—2021–presentClinton
84Senior Circuit JudgeMarsha BerzonSan Francisco, CA19452000–2022—2022–presentClinton
85Senior Circuit JudgeRichard C. TallmanCoeur d'Alene, ID19532000–2018—2018–presentClinton
87Senior Circuit JudgeRichard CliftonHonolulu, HI19502002–2016—2016–presentG.W. Bush
88Senior Circuit JudgeJay BybeeLas Vegas, NV19532003–2019—2019–presentG.W. Bush
90Senior Circuit JudgeCarlos BeaSan Francisco, CA19342003–2019—2019–presentG.W. Bush
93Senior Circuit JudgeN. Randy SmithPocatello, ID19492007–2018—2018–presentG.W. Bush
98Senior Circuit JudgeAndrew D. HurwitzPhoenix, AZ19472012–2022—2022–presentObama

Vacancies and pending nominations

SeatPrior Judge's Duty StationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
1Pasadena, CASandra Segal IkutaSenior statusTBD31––

List of former judges

#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason fortermination
1Lorenzo SawyerCA1820–18911891—— Grant / Operation of law32death
2Joseph McKennaCA1843–19261892–1897——B. Harrisonresignation
3William Ball GilbertOR1847–19311892–1931——B. Harrisondeath
4Erskine Mayo RossCA1845–19281895–1925—1925–1928 Clevelanddeath
5William W. MorrowCA1843–19291897–1923—1923–1929 McKinleyresignation
6William Henry HuntMT1857–19491911–1928—192833resignation
7Frank H. RudkinWA1864–19311923–1931—— Hardingdeath
8Wallace McCamantOR1867–1944192534–1926—— Coolidgenot confirmed
9Frank Sigel DietrichID1863–19301927–1930—— Coolidgedeath
10Curtis D. WilburCA1867–19541929–1945—1945–1954 Hoover35death
11William Henry SawtelleAZ1868–19341931–1934—— Hooverdeath
12Francis Arthur GarrechtWA1870–19481933–1948——F. Rooseveltdeath
13William DenmanCA1872–19591935–19571948–19571957–1959F. Rooseveltdeath
14Clifton MathewsAZ1880–19621935–1953—1953–1962F. Rooseveltdeath
15Bert E. HaneyOR1879–19431935–1943——F. Rooseveltdeath
16Albert Lee Stephens Sr.CA1874–19651937–19611957–19591961–1965F. Rooseveltdeath
17William HealyID1881–19621937–1958—1958–1962F. Rooseveltdeath
18Homer BoneWA1883–19701944–1956—1956–1970F. Rooseveltdeath
19William Edwin OrrNV1881–19651945–1956—1956–1965 Trumandeath
20Walter Lyndon PopeMT1889–19691949–196119591961–1969 Trumandeath
21Dal Millington LemmonCA1887–19581954–1958—— Eisenhowerdeath
22Richard Harvey ChambersAZ1906–19941954–19761959–19761976–1994 Eisenhowerdeath
23James Alger FeeOR1888–19591954–1959—— Eisenhowerdeath
24Stanley BarnesCA1900–19901956–1970—1970–1990 Eisenhowerdeath
25Frederick George HamleyWA1903–19751956–1971—1971–1975 Eisenhowerdeath
26Oliver Deveta Hamlin Jr.CA1892–19731958–1963—1963–1973 Eisenhowerdeath
27Gilbert H. JertbergCA1897–19731958–1967—1967–1973 Eisenhowerdeath
28Charles Merton MerrillNV1907–19961959–1974—1974–1996 Eisenhowerdeath
29Montgomery Oliver KoelschID1912–19921959–1976—1976–1992 Eisenhowerdeath
30James R. BrowningCA1918–20121961–20001976–19882000–2012 Kennedydeath
31Benjamin C. DuniwayCA1907–19861961–1976—1976–1986 Kennedydeath
32Walter Raleigh Ely Jr.CA1913–19841964–1979—1979–1984L. Johnsondeath
33James Marshall CarterCA1904–19791967–1971—1971–1979L. Johnsondeath
34Shirley HufstedlerCA1925–20161968–1979——L. Johnsonresignation
35Eugene Allen WrightWA1913–20021969–1983—1983–2002 Nixondeath
36John KilkennyOR1901–19951969–1971—1971–1995 Nixondeath
37Ozell Miller TraskAZ1909–19841969–1979—1979–1984 Nixondeath
38Herbert ChoyHI1916–20041971–1984—1984–2004 Nixondeath
39Alfred GoodwinCA1923–20221971–19911988–19911991–2022Nixondeath
41Joseph Tyree Sneed IIICA1920–20081973–1987—1987–2008 Nixondeath
42Anthony KennedyCA1936–present1975–1988—— Fordelevation to Supreme Court
43J. Blaine AndersonID1922–19881976–1988—— Forddeath
44Procter Ralph Hug Jr.NV1931–20191977–20021996–20002002–2017 Carterretirement
45Thomas TangAZ1922–19951977–1993—1993–1995 Carterdeath
46Betty Binns FletcherWA1923–20121979–1998—1998–2012 Carterdeath
48Otto Richard Skopil Jr.OR1919–20121979–1986—1986–2012 Carterdeath
49Jerome FarrisWA1930–20201979–1995—1995–2020 Carterdeath
50Arthur AlarcónCA1925–20151979–1992—1992–2015 Carterdeath
51Harry PregersonCA1923–20171979–2015—2015–2017 Carterdeath
52Warren J. FergusonCA1920–20081979–1986—1986–2008 Carterdeath
53Cecil F. PooleCA1914–19971979–1996—1996–1997 Carterdeath
56Robert BoocheverAK1917–20111980–1986—1986–2011 Carterdeath
57William Albert NorrisCA1927–20171980–1994—1994–1997 Carterretirement
58Stephen ReinhardtCA1931–20181980–2018—— Carterdeath
59Robert R. BeezerWA1928–20121984–1996—1996–2012 Reagandeath
60Cynthia Holcomb HallCA1929–20111984–1997—1997–2011 Reagandeath
61Charles E. WigginsCA1927–20001984–1996—1996–2000 Reagandeath
62Melvin T. BrunettiNV1933–20091985–1999—1999–2009 Reagandeath
63Alex KozinskiCA1950–present1985–20172007–2014— Reaganretirement
64John T. Noonan Jr.CA1926–20171985–1996—1996–2017 Reagandeath
65David R. ThompsonCA1930–20111985–1998—1998–2011 Reagandeath
67Edward LeavyOR1929–20231987–1997—1997–2023 Reagandeath
70Pamela Ann RymerCA1941–20111989–2011——G.H.W. Bushdeath
71Thomas G. NelsonID1936–20111990–2003—2003–2011G.H.W. Bushdeath
81Raymond C. FisherCA1939–20201999–2013—2013–2020 Clintondeath
97Paul J. WatfordCA1967–present2012–2023—— Obamaresignation

Chief judges

Chief Judge
Denman1948–1957
Stephens, Sr.1957–1959
Pope1959
Chambers1959–1976
Browning1976–1988
Goodwin1988–1991
Wallace1991–1996
Hug, Jr.1996–2000
Schroeder2000–2007
Kozinski2007–2014
S.R. Thomas2014–2021
Murguia2021–present

Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve, unless the circuit justice (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, 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.36

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 or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.37

Succession of seats

The court has 29 seats for active judges, numbered in the order in which they were initially filled. Judges who assume senior status enter a kind of retirement in which they remain on the bench but vacate their seats, thus allowing the U.S. President to appoint new judges to fill their seats.

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
SawyerCA1891
McKennaCA1892–1897
MorrowCA1897–1923
RudkinWA1923–1931
GarrechtWA1933–1948
PopeMT1949–1961
BrowningMT1961–2000
IkutaCA2006–present
Seat 2
Established on June 16, 1891 by the Judiciary Act of 1891
GilbertOR1892–1931
DenmanCA1935–1957
Hamlin Jr.CA1958–1963
Ely Jr.CA1964–1979
NorrisCA1980–1994
W. FletcherCA1998–2022
H.A. ThomasCA2022–present
Seat 3
Established on February 18, 1895 by 28 Stat. 665
RossCA1895–1925
McCamantOR1925–1926
DietrichID1927–1930
SawtelleAZ1931–1934
MathewsAZ1935–1953
FeeOR1954–1959
KoelschID1959–1976
AndersonID1976–1988
T. NelsonID1990–2003
N.R. SmithID2007–2018
R. NelsonID2018–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
WilburCA1929–1945
OrrNV1945–1956
BarnesCA1956–1970
ChoyHI1971–1984
BrunettiNV1985–1999
RawlinsonNV2000–present
Seat 5
Established on August 2, 1935 by 49 Stat. 508
HaneyOR1935–1943
BoneWA1944–1956
HamleyWA1956–1971
Sneed IIICA1973–1987
TrottCA/ID1988–2004
OwensCA2014–present
Seat 6
Established on April 14, 1937 by 50 Stat. 64
Stephens Sr.CA1937–1961
DuniwayCA1961–1976
Hug Jr.NV1977–2002
BybeeNV2003–2019
VanDykeNV2020–present
Seat 7
Established on April 14, 1937 by 50 Stat. 64
HealyID1937–1958
MerrillNV1959–1974
KennedyCA1975–1988
RymerCA1989–2011
WatfordCA2012–2023
de AlbaCA2023–present
Seat 8
Established on February 10, 1954 by 68 Stat. 871
LemmonCA1954–1958
JertbergCA1958–1967
CarterCA1967–1971
WallaceCA1972–1996
WardlawCA1998–present
Seat 9
Established on February 10, 1954 by 68 Stat. 871
ChambersAZ1954–1976
TangAZ1977–1993
HawkinsAZ1994–2010
MurguiaAZ2011–present
Seat 10
Established on June 18, 1968 by 82 Stat. 184
HufstedlerCA1968–1979
BoocheverAK1980–1986
O'ScannlainOR1986–2016
ForrestOR2019–present
Seat 11
Established on June 18, 1968 by 82 Stat. 184
WrightWA1969–1983
BeezerWA1984–1996
GouldWA1999–present
Seat 12
Established on June 18, 1968 by 82 Stat. 184
KilkennyOR1969–1971
GoodwinOR1971–1991
KleinfeldAK1991–2010
ChristenAK2011–present
Seat 13
Established on June 18, 1968 by 82 Stat. 184
TraskAZ1969–1979
CanbyAZ1980–1996
SilvermanAZ1998–2016
BadeAZ2019–present
Seat 14
Established on October 20, 1978 by 92 Stat. 1629
SchroederAZ1979–2011
HurwitzAZ2012–2022
DesaiAZ2022–present
Seat 15
Established on October 20, 1978 by 92 Stat. 1629
Skopil Jr.OR1979–1986
LeavyOR1987–1997
GraberOR1998–2021
SungOR2021–present
Seat 16
Established on October 20, 1978 by 92 Stat. 1629
B. FletcherWA1979–1998
TallmanWA2000–2018
MillerWA2019–present
Seat 17
Established on October 20, 1978 by 92 Stat. 1629
FarrisWA1979–1995
McKeownWA/CA1998–2022
Mendoza Jr.WA2022–present
Seat 18
Established on October 20, 1978 by 92 Stat. 1629
AlarcónCA1979–1992
TashimaCA1996–2004
M.D. SmithCA2006–present
Seat 19
Established on October 20, 1978 by 92 Stat. 1629
PregersonCA1979–2015
CollinsCA2019–present
Seat 20
Established on October 20, 1978 by 92 Stat. 1629
FergusonCA1979–1986
FernandezCA1989–2002
CallahanCA2003–present
Seat 21
Established on October 20, 1978 by 92 Stat. 1629
PooleCA1979–1996
PaezCA2000–2021
KohCA2021–present
Seat 22
Established on October 20, 1978 by 92 Stat. 1629
D. NelsonCA1979–1995
S.R. ThomasMT1996–2023
JohnstoneMT2023–present
Seat 23
Established on October 20, 1978 by 92 Stat. 1629
ReinhardtCA1980–2018
LeeCA2019–present
Seat 24
Established on July 10, 1984 by 98 Stat. 333
WigginsCA1984–1996
BeaCA2003–2019
BumatayCA2019–present
Seat 25
Established on July 10, 1984 by 98 Stat. 333
HallCA1984–1997
CliftonHI2002–2016
BennettHI2018–present
Seat 26
Established on July 10, 1984 by 98 Stat. 333
KozinskiCA1985–2017
BressCA2019–present
Seat 27
Established on July 10, 1984 by 98 Stat. 333
ThompsonCA1985–1998
FisherCA1999–2013
FriedlandCA2014–present
Seat 28
Established on July 10, 1984 by 98 Stat. 333
Noonan, Jr.CA1985–1996
BerzonCA2000–2022
SanchezCA2022–present
Seat 29
Established on January 21, 2009 by 121 Stat. 254338
NguyenCA2012–present

See also

Notes

Wikisource has original works on the topic: United States Court of Appeals for the Ninth Circuit

References

  1. Jenkins, Jr., William O. (September 18, 2008). American Samoa: Issues Associated with Some Federal Court Options (Report). United States Government Accountability Office. GAO-08-1124T. Retrieved August 30, 2023. https://www.gao.gov/products/GAO-08-1124T ↩

  2. Jenkins, Jr., William O. (September 18, 2008). American Samoa: Issues Associated with Some Federal Court Options (Report). United States Government Accountability Office. GAO-08-1124T. Retrieved August 30, 2023. https://www.gao.gov/products/GAO-08-1124T ↩

  3. The population of China is not included in the chart for 1912 or 1940, since the Court for China lacked plenary jurisdiction over China's domestic population, then numbering about 430 million people; the court exercised only extraterritorial jurisdiction over the relatively small number of American citizens in China. /wiki/Extraterritorial_jurisdiction ↩

  4. The population of China is not included in the chart for 1912 or 1940, since the Court for China lacked plenary jurisdiction over China's domestic population, then numbering about 430 million people; the court exercised only extraterritorial jurisdiction over the relatively small number of American citizens in China. /wiki/Extraterritorial_jurisdiction ↩

  5. Frederick, David C. (1994). Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891–1941. University of California Press. ISBN 9780520083813. 9780520083813 ↩

  6. 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. /wiki/Warlord_era ↩

  7. The population of China is not included in the chart for 1912 or 1940, since the Court for China lacked plenary jurisdiction over China's domestic population, then numbering about 430 million people; the court exercised only extraterritorial jurisdiction over the relatively small number of American citizens in China. /wiki/Extraterritorial_jurisdiction ↩

  8. Go, Julian (2003). "Introduction". In Go, Julian; Foster, Anne L. (eds.). The American Colonial State in the Philippines: Global Perspectives. Durham: Duke University Press. pp. 1–42. ISBN 9780822384519. (At p. 7.) 9780822384519 ↩

  9. Kepner v. United States, 195 U.S. 100 (1904). /wiki/List_of_United_States_Supreme_Court_cases,_volume_195 ↩

  10. White v. Samsung Elec. Am., Inc., 989 F.2d 1512, 1521 (9th Cir. 1993) (Kozinski, J., dissenting). Archived from the original on December 8, 2020. https://scholar.google.com/scholar_case?case=15763501998860364615 ↩

  11. Kleinfeld, Andrew J. (May 22, 1998). "RE: Splitting the Ninth Circuit". Retrieved June 21, 2005. http://www.library.unt.edu/gpo/csafca/hearings/submitted/KLEINFEL.htm ↩

  12. Hofer, Roy E. (January–February 2010). "Supreme Court Reversal Rates: Evaluating the Federal Courts of Appeals" (PDF). Landslide. Vol. 2, no. 3. American Bar Association Intellectual Property Law Section. ISSN 1942-7239. LCCN 2008213101. Archived (PDF) from the original on October 10, 2023. https://ipo.org/wp-content/uploads/2013/03/Supremecourtreversalrates.pdf ↩

  13. Carroll, Lauren (February 10, 2017). "No, the 9th Circuit isn't the 'most overturned court in the country,' as Hannity says". PolitiFact. Archived from the original on June 8, 2023. http://www.politifact.com/punditfact/statements/2017/feb/10/sean-hannity/no-9th-circuit-isnt-most-overturned-court-country- ↩

  14. Farris, Jerome, 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 percent of the Ninth Circuit's cases). /wiki/Joseph_Jerome_Farris ↩

  15. Williams, Carol J. (July 18, 2011). "U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court of Appeals". Los Angeles Times. Retrieved August 4, 2012. https://www.latimes.com/local/la-xpm-2011-jul-18-la-me-ninth-circuit-scorecard-20110718-story.html ↩

  16. Fitzpatrick, Brian (July 31, 2018). "Written Testimony at Hearing on Oversight of the Structure of the Federal Courts" (PDF). United States Senate Committee on the Judiciary. Retrieved June 12, 2019. /wiki/Brian_T._Fitzpatrick ↩

  17. Qiu, Linda (November 26, 2018). "Does the Ninth Circuit Have the Highest Reversal Rate in the Country?". New York Times. Retrieved June 12, 2019. https://www.nytimes.com/2018/11/26/us/politics/fact-check-trump-ninth-circuit.html ↩

  18. Fitzpatrick, Brian (July 31, 2018). "Written Testimony at Hearing on Oversight of the Structure of the Federal Courts" (PDF). United States Senate Committee on the Judiciary. Retrieved June 12, 2019. /wiki/Brian_T._Fitzpatrick ↩

  19. Fitzpatrick, Brian (July 31, 2018). "Written Testimony at Hearing on Oversight of the Structure of the Federal Courts" (PDF). United States Senate Committee on the Judiciary. Retrieved June 12, 2019. /wiki/Brian_T._Fitzpatrick ↩

  20. O'Scannlain, Diarmuid (October 2005). "Ten Reasons Why the Ninth Circuit Should Be Split" (PDF). Engage. 6 (2): 58–64. Archived from the original (PDF) on September 24, 2015. Retrieved May 29, 2006. /wiki/Diarmuid_O%27Scannlain ↩

  21. Shapiro, Ilya; Harvey, Nathan (2019). "Break Up the Ninth Circuit". George Mason Law Review. 26 (4): 1299–1329. https://heinonline.org/HOL/P?h=hein.journals/gmlr26&i=1353 ↩

  22. Rule 35–3 http://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf http://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf ↩

  23. "Statement of Circuit Judge Alex Kozinski to the House Judiciary Subcommittee on Courts". U.S. House of Representatives. October 21, 2003. Archived from the original on September 26, 2012. Retrieved February 6, 2012. https://web.archive.org/web/20120926114549/http://judiciary.house.gov/legacy/kozinski102103.htm ↩

  24. 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. /wiki/Mary_M._Schroeder ↩

  25. America and the Courts. C-SPAN. March 17, 2007. Event occurs at 48:30. Retrieved April 8, 2023. https://www.c-span.org/video/?197182-1/america-courts ↩

  26. Gribbin, Eric J. "47 Duke L.J. 351". law.duke.edu. Archived from the original (PDF) on March 6, 2011. Retrieved June 14, 2009. https://web.archive.org/web/20110306021624/http://www.law.duke.edu/shell/cite.pl?47+Duke+L.+J.+351+pdf ↩

  27. Final Report, Commission on Structural Alternatives for the Federal Courts of Appeals, December 18, 1998 ↩

  28. Testimony of Circuit Judge Richard Tallman: U.S. Court of Appeals for the Ninth Circuit Archived November 13, 2013, at the Wayback Machine, United States Senate: Committee on the Judiciary, October 26, 2005; retrieved November 19, 2007. http://www.judiciary.senate.gov/hearings/testimony.cfm?id=e655f9e2809e5476862f735da10bb4f9&wit_id=e655f9e2809e5476862f735da10bb4f9-1-2 ↩

  29. Govtrack.us S. 525—110th Congress (2007): Circuit Court of Appeals Restructuring and Modernization Act of 2007 (database of federal legislation): govtrack.us; retrieved February 18, 2008. https://www.govtrack.us/congress/bill.xpd?bill=s110-525 ↩

  30. Govtrack.us; retrieved February 27, 2021, https://www.govtrack.us/congress/bills/115/hr196/text ↩

  31. Raymond, Nate (March 18, 2025). "Trump gains first new appellate court vacancy with 9th Circuit seat". Reuters. Retrieved March 19, 2025. https://www.reuters.com/legal/government/trump-gains-first-new-appellate-court-vacancy-with-9th-circuit-seat-2025-03-17/ ↩

  32. 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. /wiki/United_States_circuit_court ↩

  33. 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. /wiki/United_States_Commerce_Court ↩

  34. Recess appointment not confirmed /wiki/Recess_appointment ↩

  35. 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.[26][27] Hoover then resubmitted the nomination to the Senate in the 71st Congress, which approved it. ↩

  36. 28 U.S.C. § 45 /wiki/Title_28_of_the_United_States_Code ↩

  37. 62 Stat. 871, 72 Stat. 497, 96 Stat. 51 /wiki/United_States_Statutes_at_Large ↩

  38. Court Security Improvement Act of 2007, Pub. L. 110–177 § 509(a)(2), 121 Stat. 2534, 2543, January 7, 2008 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ177.110.pdf ↩