United States Court of Appeals for the Second Circuit

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Second Circuit
Court of Appeals
Chief:Robert KatzmannJudges:13
Active judges
Senior Judges
Former Judges
(Numbers indicate % of seats vacant.)
More than 40%

The United States Court of Appeals for the Second Circuit, sometimes referred to simply as the Second Circuit, is one of the thirteen federal appellate courts. The court was established in 1891 and has a total of thirteen posts. The court is located at the Thurgood Marshall Federal Courthouse in New York, New York.

Vacancy warning level

The vacancy warning level for the Second Circuit is set at green. The court has no current vacancies.

Pending nominations

There are no pending nominations for the United States Court of Appeals for the Second Circuit.

Active judges

Article III judges

JudgeBornHomeAppointed byActiveChiefPreceededBachelorsLaw
Judge Christopher Droney1954Hartford, CTObama 11/28/2011-PresentGuido CalabresiCollege of the Holy Cross, B.A., 1976U. of Connecticut Law, J.D., 1979
Judge Denny Chin1954Kowloon, Hong KongObama 04/23/2010 - CurrentRobert SackPrinceton, 1975Fordham U. Law, 1978
Judge Gerard Lynch1951Brooklyn, NYObama 9/17/2009 - PresentChester StraubColumbia, B.A., 1972Columbia Law, J.D., 1975
Judge Dennis Jacobs1944New York, NYH.W. Bush 10/2/1992 - Present10/1/2006 - 08/31/2013Wilfred FeinbergQueens College CUNY, B.A., 1964New York U., J.D., 1973
Judge Jose Cabranes1940Mayagüez, PRClinton 8/10/1994 - PresentRichard CardamoneColumbia, A.B., 1961Yale Law, J.D., 1965
Judge Rosemary Pooler1938New York, NYClinton 6/3/1998 - PresentFrank AltimariBrooklyn College, B.A., 1959U. of Michigan Law, J.D., 1965
Chief Judge Robert Katzmann1944New York, NYClinton 7/16/1999 - Present09/01/2013 - PresentJon NewmanColumbia, A.B., 1973Yale Law, J.D., 1980
Judge Reena Raggi1951Jersey City, NJW. Bush 10/4/2002 - PresentAmalya KearseWellesley College '73Harvard Law '76
Judge Richard Wesley1949Canandaigua, NYW. Bush 6/12/2003 - PresentPierre LevalSUNY Albany, B.A., 1971Cornell Law, J.D., 1974
Judge Peter Hall1948Hartford, CTW. Bush 7/7/2004 - PresentFred ParkerU. of North Carolina, B.A., 1971Cornell Law, J.D., 1977
Judge Debra Livingston1959Waycross, GAW. Bush 5/17/2007 - PresentJohn WalkerPrinceton, B.A., 1980Harvard Law, J.D., 1984
Judge Raymond Lohier1965Montreal, CanadaObama 12/19/2010 - PresentSonia SotomayorHarvard, A.B., 1988New York U., J.D., 1991
Judge Susan L. Carney1951Waltham, MAObama 5/17/2011 - PresentBarrington ParkerHarvard, A.B., 1973Harvard Law, J.D., 1977

Senior judges

JudgeAppointed byActiveChiefSeniorBachelorsLaw
Senior Judge Pierre LevalClinton 10/20/1993 - 8/16/20028/16/2002 - PresentHarvard, A.B., 1959Harvard Law, J.D., 1963
Senior Judge Wilfred FeinbergL.B. Johnson 3/7/1966 - 1/31/19911980-19881/31/1991 - PresentColumbia, B.A., 1940Columbia Law, LL.B., 1946
Senior Judge Jon NewmanCarter 6/21/1979 - 7/1/19971993-19977/1/1997 - PresentPrinceton, A.B., 1953Yale Law, LL.B., 1956
Senior Judge Amalya KearseCarter 6/21/1979 - 6/11/20026/11/2002 - PresentWellesley College, B.A., 1959U. of Michigan Law, J.D., 1962
Senior Judge Ralph WinterReagan 12/10/1981 - 9/30/20001997-20009/30/2000 - PresentYale, B.A., 1957Yale Law, LL.B., 1960
Senior Judge John WalkerH.W. Bush 11/27/1989 - 10/1/20062001-200610/1/2006 - PresentYale, B.A., 1962U. Michigan Law, J.D., 1966
Senior Judge Chester StraubClinton 6/3/1998 - 7/16/20087/16/2008 - PresentSt. Peter's College, B.A., 1958U. of Virginia Law, LL.B., 1961
Senior Judge Guido CalabresiClinton 7/18/1994 - 7/21/20097/21/2009 - PresentYale, B.S., 1953
Oxford, B.A., 1955
Yale Law, LL.B., 1958
Senior Judge Robert SackClinton 6/16/1998 - 8/6/20098/6/2009 - PresentU. of Rochester, B.A., 1960Columbia Law, LL.B., 1963
Senior Judge Barrington ParkerW. Bush 10/16/2001 - 10/10/200910/10/2009 - PresentYale, B.A., 1965Yale Law, LL.B., 1969
Senior Judge Richard CardamoneReagan 10/29/1981- 11/13/199311/13/1993 - PresentHarvard, B.A., 1948Syracuse U. Law, LL.B., 1952


United States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Second CircuitUnited States District Court for the Western District of New YorkUnited States District Court for the Northern District of New YorkUnited States District Court for the District of VermontUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the District of Connecticut
Map of the Second Circuit. Click on a district to find out more about it.

The Second Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Second Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Ruth Bader Ginsburg is the Circuit Justice for the Second Circuit.

The United States Court of Appeals for the Second Circuit's territory comprises the states of Connecticut, New York, and Vermont. The court has appellate jurisdiction over the United States district courts in the following federal judicial districts:


Federal Court Case Load Statistics*
YearStarting case load:Cases filed:Total cases:Cases terminated:Remaining casesTerminations on merits:Terminations on ProcedureCross Appeals:Total Terminations: Written decisions per Judge**
*All statistics are taken from the Official Federal Courts' Website (for District Courts) and reflect the calendar year through September.    **This statistic reflects only judges that are active for the entire 12 month period.

Notable cases

For a search-able list of decisions from the Second Circuit, please see: Second Circuit Searchable Opinions


Court history

The Second Circuit was established by the United States Congress in 1891 through the Evarts Act of 1891, which established the first nine appeals circuits. Over the years, ten additional seats were added to the court resulting in a total of thirteen seats.[47]

Judicial posts

The following table highlights the development of judicial posts for the Second Circuit:

Year Statute Total Seats
March 3, 1891 26 Stat. 826 3
April 17, 1902 32 Stat. 106 4
December 12, 1910 36 Stat. 539 5 (1 temporary, at-large post established under the Commerce Court)[48]
January 1, 1916 Temporary post expired 4
January 17, 1929 45 Stat. 1081 5
July 1, 1929 36 Stat. 539 6 (1 temporary, at-large post established under the Commerce Court)[49]
May 31, 1938 52 Stat. 584 7 (1 temporary, at-large post established under the Commerce Court)[50]
September 6, 1940 Temporary post expired 6
May 19, 1961 75 Stat. 80 9
October 20, 1978 92 Stat. 1629 11
July 10, 1984 98 Stat. 333 13

Former judges

Former Chief Judges

In order to qualify for the office of Chief Judge in one of the federal courts, 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 in the office of Chief Judge 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. Unlike the Chief Justice of the United States, a Chief Judge returns to active service after the expiration of his or her term and does not create a vacancy on the bench by the fact of his or her promotion.[52][53]

Former judges

For information on the former judges of the Second Circuit, see former federal judges of the Second Circuit.



The Second Circuit ordinarily has its clerk's office and hears oral arguments at the Thurgood Marshall U.S. Courthouse in Foley Square in Lower Manhattan. Foley square was originally part of the dangerous New York neighborhood known as the Five Points. Architect Cass Gilbert, whose later work included the U.S. Chamber of Commerce (1925) and the U.S. Supreme Court Building (1935), was commissioned in 1931 to design the new federal courthouse on Foley Square. Construction began in 1932, and was not completed for over three years. The building was one of the first federal skyscrapers. Prominent features of the courthouse include its 30-story tower, ten Corinthian columns, and a monumental staircase. The building was given the honor of being added to the National Register of Historic Places in 1987.[54] Due to renovations at that building, during the summer of 2006, the court temporarily relocated to the Daniel Patrick Moynihan U.S. Courthouse in New York City across Pearl Street from the Marshall Courthouse. Some of the Court's offices, including the Office of Legal Affairs, moved to the Woolworth Building for the duration of the renovations, which were expected to take several years. After six years, in January 2013, the court returned to the Thurgood Marshall U.S. Courthouse.[55]

See also

External links


  1. New York Times, "Apple Wins Temporary Stay on Court Monitor," January 21, 2014
  2. New York Times, "Secretive Apple Squirms in Gaze of U.S. Monitor," January 13, 2014
  3. Star Tribune, "Federal appeals panel in NY restores Apple monitor but spells out limits to his authority," February 10, 2014
  4. Reuters, "Apple loses latest bid to block e-books antitrust monitor," February 10, 2014
  5. New York Times, "Court Rejects Apple Appeal in E-Book Case," February 10, 2014
  6. Buffalo News, "Sedita, in firing Sacha, discloses Pigeon 'immunity,'" October 6, 2009
  7. Buffalo News, "Federal appeals court upholds dismissal of Sacha suit," November 29, 2013
  8. Center for Constitutional Rights, "Second Circuit Decision in Floyd v. City of New York FAQ," accessed January 25, 2014
  9. New York Daily News, "Stop-and-frisk judge removed from case, reforms put on hold after federal appeals court ruling," October 31, 2013
  10. Courthouse News Service, "Boot to Stop-and-Frisk Judge Won't Kill Rulings," November 22, 2013
  11. New York Times, "Judge Rejects New York's Stop-and-Frisk Policy," August 12, 2013
  12. National Journal, "Why 'Stop and Frisk' Was Ruled Unconstitutional," August 12, 2013
  13. Nation Sun Journal, "Federal court strikes down New York's stop-and-frisk policy," August 12, 2013
  14. Reuters, "Appeals court reinstates Vermont prison forced labor case," August 3, 2012
  15. MyFoxDC, "New York can't scare smokers with graphic images, court ruled," July 12, 2012
  16. Second Circuit, "Ruling for 94th St. Grocery v. N.Y.C. Bd. of Health," July 10, 2012
  17. 17.0 17.1 17.2 Associated Press, "Court rules NY town's prayer violated Constitution," May 18, 2012
  18. 18.0 18.1 Fox News, "Court rules NY town's prayer violated Constitution," May 17, 2012
  19. 13 WHAM, "Federal Appellate Court Overturns Ruling on Prayer at Greece Town Board Meetings," May 17, 2012
  20. SCOTUSblog.com, "Town of Greece v. Galloway," accessed August 15, 2013
  21. Reuters, "Citigroup wins in workers' 401(k) stock drop appeal," October 13, 2011
  22. 22.0 22.1 New York Daily News, "Denied! Federal judge rejected Sen. Hiram Monserrate's plea to stay in office," February 19, 2010
  23. Monserrate v. New York State Senate, 599 F. 3d 148 - Court of Appeals, 2nd Circuit 2010
  24. 24.0 24.1 Washington Post, "Judge Rules Fed Must Disclose Firms That Accept Aid," August 26, 2009
  25. Reuters, "Judge puts Fed's bailout revelations on hold," August 28, 2009
  27. 27.0 27.1 New York Times, "Judge Rejects Copyright Suit Against Jessica Seinfeld," September 10, 2009
  28. LAPINE v. Seinfeld, Court of Appeals, 2nd Circuit 2010
  29. Lapine v. Seinfeld, 31 Misc. 3d 736 - NY: Supreme Court 2011
  30. Title VII of the Civil Rights Act of 1964: Equal Employment Opportunity on FindLaw
  31. 31.0 31.1 31.2 New York Times, "Selected Cases of Judge Sonia Sotomayor," accessed January 25, 2014
  32. New York Times, "Because of Race: Ricci v. DeStefano - Stanley Fish Blog," July 13, 2009
  33. SCOTUSblog, "Argument Recap: Ricci v. DeStefano," April 24, 2009
  34. Legal Information Institute Bulletin, "Ricci v. DeStefano," accessed January 25, 2014
  35. Cornell Law School Supreme Court Collection, "Ricci v. DeStefano," accessed January 25, 2014
  36. Supremecourt.gov, Ricci v. DeStefano, accessed January 25, 2014
  37. 37.0 37.1 37.2 New York Times, "Sotomayor's Notable Court Opinions and Articles," July 10, 2009
  38. Christian Science Monitor, "U.S. Supreme Court takes up 'reverse discrimination' case," January 9, 2009
  39. 39.0 39.1 Time Magazine, "Sonia Sotomayor: A Justice Like No Other," May 28, 2009
  40. Time Magazine, "Sotomayor Hearing: Why Shouldn't Judges Make Policy," July 16, 2009
  41. Time Magazine, "How the Republicans Will Go After Sonia Sotomayor," July 13, 2009
  42. Time Magazine, "Where Sonia Sotomayor Really Stands on Race," June 11, 2009
  43. OpenJurist.org, "Riverkeeper Inc. v. United States Envrionmental Protection Agency," accessed January 25, 2014
  44. OpenJurist.org, "Center for Reproductive Law and Policy v. Bush," accessed January 25, 2014
  45. Washington Post, "Abortion Rights Backers Get Reassurances on Nominee," May 29, 2009
  46. OpenJurist.org, "John Malesko v. Correctional Services Corporation," accessed January 25, 2014
  47. History of the Second Circuit on the Federal Judicial Center website
  48. History of the Commerce Court on the Federal Judicial Center website
  49. History of the Commerce Court on the Federal Judicial Center website
  50. History of the Commerce Court on the Federal Judicial Center website
  51. History of the Second Circuit from the Federal Judicial Center
  52. United States Courts, Frequently Asked Questions
  53. United States Courts, "On Being Chief Judge," February 2009
  54. U.S. General Services Administration, "History of the Thurgood Marshall U.S. Courthouse," accessed February 24, 2014
  55. The Wall Street Journal Law Blog, "You Can Go Home Again: Second Circuit To Return to Old Digs," January 2, 2013