“State Representation” in Appointments to Federal Circuit Courts

Susan Navarro Smelcer
Analyst on the Federal Judiciary

R. Sam Garrett
Analyst in American National Government

When a seat becomes vacant on a federal court of appeals (the "circuit courts"), the President has the opportunity to nominate a new judge for the Senate's consideration. Geography is often a factor in the decision, particularly whether the new judge will be nominated from the same state as the predecessor. One scholar refers to the custom of maintaining state continuity in seats within a court (e.g., a "Missouri seat" or an "Ohio seat") as "state representation." Federal statutes currently require that judges "reside" in the circuit at the time of appointment and while in active service, and that each state within the circuit be represented among the court's judges, but do not require that particular seats be reserved for nominees from particular states. 

This report provides an overview and analysis of changes in state representation of circuit court judges confirmed since 1891, when Congress created the modern regional appeals courts. The data reveal that some seats are consistently filled by judges from the same state. Other seats are filled by judges from various states in that circuit. Overall, changes in state representation have occurred in 23% of confirmed nominations since 1891. Changes in state representation were more common prior to the 1960s than in recent decades. Over 40% of appointments made during the Kennedy Administration or earlier have resulted in changes to state representation in a circuit; 13% of circuit court appointments after the Kennedy Administration have made such a change. The frequency of those changes has also varied by circuit. 

As of the writing of this report, President Obama has nominated 16 individuals to circuit court judgeships (excluding nominations made to the Federal Circuit and the U.S. Court of Appeals for the District of Columbia). Of the seven confirmed, none have resulted in changes of state representation in these circuits. Of the nine whose nominations have not yet received final action, the confirmation of one nominee would result in a change of state representation in the U.S. Court of Appeals for the Fourth Circuit.


Date of Report: March 24, 2010
Number of Pages: 11
Order Number:RS22510
Price: $29.95

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