United States Court of Appeals for the Third Circuit
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The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
- District of Delaware
- District of New Jersey
- Eastern District of Pennsylvania
- Middle District of Pennsylvania
- Western District of Pennsylvania
This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV territorial court and not a district court under Article III of the Constitution.
The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the United States Virgin Islands. It is one of 13 United States courts of appeals. Due to the court's appellate jurisdiction over Delaware, where more than half of publicly traded companies in the United States incorporate, the court handles a significant number of influential commercial cases in the United States.
Current composition of the court
As of October 9, 2025[update]:
| # | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
|---|---|---|---|---|---|---|---|---|
| Active | Chief | Senior | ||||||
| 61 | Chief Judge | Michael Chagares | Newark, NJ | 1962 | 2006–present | 2021–present | — | G.W. Bush |
| 63 | Circuit Judge | Thomas Hardiman | Pittsburgh, PA | 1965 | 2007–present | — | — | G.W. Bush |
| 66 | Circuit Judge | Patty Shwartz | Newark, NJ | 1961 | 2013–present | — | — | Obama |
| 67 | Circuit Judge | Cheryl Ann Krause | Philadelphia, PA | 1968 | 2014–present | — | — | Obama |
| 68 | Circuit Judge | L. Felipe Restrepo | Philadelphia, PA | 1959 | 2016–present | — | — | Obama |
| 69 | Circuit Judge | Stephanos Bibas | Philadelphia, PA | 1969 | 2017–present | — | — | Trump |
| 70 | Circuit Judge | David J. Porter | Pittsburgh, PA | 1966 | 2018–present | — | — | Trump |
| 71 | Circuit Judge | Paul Matey | Newark, NJ | 1971 | 2019–present | — | — | Trump |
| 72 | Circuit Judge | Peter J. Phipps | Pittsburgh, PA | 1973 | 2019–present | — | — | Trump |
| 73 | Circuit Judge | Arianna J. Freeman | Philadelphia, PA | 1978 | 2022–present | — | — | Biden |
| 74 | Circuit Judge | T. Montgomery-Reeves | Wilmington, DE | 1981 | 2023–present | — | — | Biden |
| 75 | Circuit Judge | Cindy K. Chung | Pittsburgh, PA | 1975 | 2023–present | — | — | Biden |
| 76 | Circuit Judge | Emil Bove | Newark, NJ | 1981 | 2025–present | — | — | Trump |
| 77 | Circuit Judge | Jennifer Mascott | Wilmington, DE | 1976 | 2025–present | — | — | Trump |
| 45 | Senior Judge | Anthony Joseph Scirica | Philadelphia, PA | 1940 | 1987–2013 | 2003–2010 | 2013–present | Reagan |
| 46 | Senior Judge | Robert Cowen | inactive | 1930 | 1987–1998 | — | 1998–present | Reagan |
| 47 | Senior Judge | Richard Lowell Nygaard | Erie, PA | 1940 | 1988–2005 | — | 2005–present | Reagan |
| 49 | Senior Judge | Jane Richards Roth | Wilmington, DE | 1935 | 1991–2006 | — | 2006–present | G.H.W. Bush |
| 51 | Senior Judge | Theodore McKee | Philadelphia, PA | 1947 | 1994–2022 | 2010–2016 | 2022–present | Clinton |
| 53 | Senior Judge | Marjorie Rendell | Philadelphia, PA | 1947 | 1997–2015 | — | 2015–present | Clinton |
| 55 | Senior Judge | Thomas L. Ambro | Wilmington, DE | 1949 | 2000–2023 | — | 2023–present | Clinton |
| 56 | Senior Judge | Julio M. Fuentes | Newark, NJ | 1946 | 2000–2016 | — | 2016–present | Clinton |
| 57 | Senior Judge | D. Brooks Smith | Duncansville, PA | 1951 | 2002–2021 | 2016–2021 | 2021–present | G.W. Bush |
| 59 | Senior Judge | D. Michael Fisher | Pittsburgh, PA | 1944 | 2003–2017 | — | 2017–present | G.W. Bush |
List of former judges
| # | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
|---|---|---|---|---|---|---|---|---|
| 1 | Marcus Wilson Acheson | PA | 1828–1906 | 1891–1906 | — | — | B. Harrison / Operation of law | death |
| 2 | George M. Dallas | PA | 1839–1917 | 1892–1909 | — | — | B. Harrison | retirement |
| 3 | George Gray | DE | 1840–1925 | 1899–1914 | — | — | McKinley | retirement |
| 4 | Joseph Buffington | PA | 1855–1947 | 1906–1938 | — | 1938–1947 | T. Roosevelt | death |
| 5 | William M. Lanning | NJ | 1849–1912 | 1909–1912 | — | — | Taft | death |
| 6 | Robert W. Archbald | PA | 1848–1926 | 1911–1913 | — | — | removal | |
| 7 | John Bayard McPherson | PA | 1846–1919 | 1912–1919 | — | — | Taft | death |
| 8 | Victor Baynard Woolley | DE | 1867–1945 | 1914–1938 | — | 1938–1945 | Wilson | death |
| 9 | Thomas Griffith Haight | NJ | 1879–1942 | 1919–1920 | — | — | Wilson | resignation |
| 10 | John Warren Davis | NJ | 1867–1945 | 1920–1939 | — | 1939–1941 | Wilson | resignation |
| 11 | Joseph Whitaker Thompson | PA | 1861–1946 | 1931–1938 | — | 1938–1946 | Hoover | death |
| 12 | John Biggs Jr. | DE | 1895–1979 | 1937–1965 | 1948–1965 | 1965–1979 | F. Roosevelt | death |
| 13 | Albert Branson Maris | PA | 1893–1989 | 1938–1958 | — | 1958–1989 | F. Roosevelt | death |
| 14 | William Clark | NJ | 1891–1957 | 1938–1943 | — | — | F. Roosevelt | resignation |
| 15 | Francis Biddle | PA | 1886–1968 | 1939–1940 | — | — | F. Roosevelt | resignation |
| 16 | Charles Alvin Jones | PA | 1887–1966 | 1939–1944 | — | — | F. Roosevelt | resignation |
| 17 | Herbert Funk Goodrich | PA | 1889–1962 | 1940–1962 | — | — | F. Roosevelt | death |
| 18 | Gerald McLaughlin | NJ | 1893–1977 | 1943–1968 | — | 1968–1977 | F. Roosevelt | death |
| 19 | John Joseph O'Connell | PA | 1894–1949 | 1945–1949 | — | — | Truman | death |
| 20 | Harry Ellis Kalodner | PA | 1896–1977 | 1946–1969 | 1965–1966 | 1969–1977 | Truman | death |
| 21 | William H. Hastie | VI | 1904–1976 | 1949–1971 | 1968–1971 | 1971–1976 | Truman | death |
| 22 | Austin Leander Staley | PA | 1902–1978 | 1950–1967 | 1966–1967 | 1967–1978 | Truman | death |
| 23 | Phillip Forman | NJ | 1895–1978 | 1959–1961 | — | 1961–1978 | Eisenhower | death |
| 24 | James Cullen Ganey | PA | 1899–1972 | 1961–1966 | — | 1966–1972 | Kennedy | death |
| 25 | William Francis Smith | NJ | 1903–1968 | 1961–1968 | — | — | Kennedy | death |
| 26 | Abraham Lincoln Freedman | PA | 1904–1971 | 1964–1971 | — | — | L. Johnson | death |
| 27 | Collins J. Seitz | DE | 1914–1998 | 1966–1989 | 1971–1984 | 1989–1998 | L. Johnson | death |
| 28 | Francis Lund Van Dusen | PA | 1912–1993 | 1967–1977 | — | 1977–1993 | L. Johnson | death |
| 29 | Ruggero J. Aldisert | PA | 1919–2014 | 1968–1986 | 1984–1986 | 1986–2014 | L. Johnson | death |
| 30 | David Henry Stahl | PA | 1920–1970 | 1968–1970 | — | — | L. Johnson | death |
| 31 | Arlin M. Adams | PA | 1921–2015 | 1969–1987 | — | — | Nixon | retirement |
| 32 | John Joseph Gibbons | NJ | 1924–2018 | 1969–1990 | 1987–1990 | — | Nixon | retirement |
| 33 | Max Rosenn | PA | 1910–2006 | 1970–1981 | — | 1981–2006 | Nixon | death |
| 34 | James Rosen | NJ | 1909–1972 | 1971–1972 | — | — | Nixon | death |
| 35 | James Hunter III | NJ | 1916–1989 | 1971–1986 | — | 1986–1989 | Nixon | death |
| 36 | Joseph F. Weis Jr. | PA | 1923–2014 | 1973–1988 | — | 1988–2014 | Nixon | death |
| 37 | Leonard I. Garth | NJ | 1921–2016 | 1973–1986 | — | 1986–2016 | Nixon | death |
| 38 | A. Leon Higginbotham Jr. | PA | 1928–1998 | 1977–1991 | 1990–1991 | 1991–1993 | Carter | retirement |
| 39 | Dolores Sloviter | PA | 1932–2022 | 1979–2013 | 1991–1998 | 2013–2022 | Carter | death |
| 40 | Edward R. Becker | PA | 1933–2006 | 1981–2003 | 1998–2003 | 2003–2006 | Reagan | death |
| 41 | Carol Los Mansmann | PA | 1942–2002 | 1985–2002 | — | — | Reagan | death |
| 42 | Walter King Stapleton | DE | 1934–2024 | 1985–1999 | — | 1999–2024 | Reagan | death |
| 43 | Morton Ira Greenberg | NJ | 1933–2021 | 1987–2000 | — | 2000–2021 | Reagan | death |
| 44 | William D. Hutchinson | PA | 1932–1995 | 1987–1995 | — | — | Reagan | death |
| 48 | Samuel Alito | NJ | 1950–present | 1990–2006 | — | — | G.H.W. Bush | elevation |
| 50 | Timothy K. Lewis | PA | 1954–present | 1992–1999 | — | — | G.H.W. Bush | resignation |
| 52 | H. Lee Sarokin | NJ | 1928–2023 | 1994–1996 | — | — | Clinton | retirement |
| 54 | Maryanne Trump Barry | NJ | 1937–2023 | 1999–2011 | — | 2011–2019 | Clinton | retirement |
| 58 | Michael Chertoff | NJ | 1953–present | 2003–2005 | — | — | G.W. Bush | resignation |
| 60 | Franklin Van Antwerpen | PA | 1941–2016 | 2004–2006 | — | 2006–2016 | G.W. Bush | death |
| 62 | Kent A. Jordan | DE | 1957–present | 2006–2025 | — | — | G.W. Bush | retirement |
| 64 | Joseph A. Greenaway Jr. | NJ | 1957–present | 2010–2023 | — | — | Obama | retirement |
| 65 | Thomas I. Vanaskie | PA | 1953–present | 2010–2018 | — | 2018–2019 | Obama | retirement |
Chief judges
| Chief Judge | |
|---|---|
| Biggs Jr. | 1948–1965 |
| Kalodner | 1965–1966 |
| Staley | 1966–1967 |
| Hastie | 1968–1971 |
| Seitz | 1971–1984 |
| Aldisert | 1984–1986 |
| Gibbons | 1987–1990 |
| Higginbotham | 1990–1991 |
| Sloviter | 1991–1998 |
| Becker | 1998–2003 |
| Scirica | 2003–2010 |
| McKee | 2010–2016 |
| D. Smith | 2016–2021 |
| Chagares | 2021–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.
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.
Succession of seats
The court has fourteen 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 | |||
|---|---|---|---|
| Seat 1 Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Third Circuit Reassigned on June 16, 1891 to the newly formed United States Circuit Court of Appeals for the Third Circuit by the Judiciary Act of 1891 Acheson PA 1892–1906 Buffington PA 1906–1938 Biddle PA 1939–1940 Goodrich PA 1940–1962 Freedman PA 1964–1971 Weis, Jr. PA 1973–1988 Nygaard PA 1988–2005 Hardiman PA 2007–present | Seat 2 Established on June 16, 1891 by the Judiciary Act of 1891 Dallas PA 1892–1909 Lanning NJ 1909–1912 McPherson PA 1912–1919 Haight NJ 1919–1920 Davis NJ 1920–1939 Jones PA 1939–1944 Kalodner PA 1946–1969 Adams PA 1969–1987 Hutchinson PA 1987–1995 Rendell PA 1997–2015 Bibas PA 2017–present | Seat 3 Established on February 23, 1899 by 30 Stat. 846 Gray DE 1899–1914 Woolley DE 1914–1938 Maris PA 1938–1958 Forman NJ 1959–1961 W. Smith NJ 1961–1968 Hunter III NJ 1971–1986 Cowen NJ 1987–1998 Fuentes NJ 2000–2016 Matey NJ 2019–present | Seat 4 Established on June 10, 1930 by 46 Stat. 538 Thompson PA 1931–1938 Clark NJ 1938–1943 McLaughlin NJ 1943–1968 Gibbons NJ 1969–1990 Alito NJ 1990–2006 Greenaway, Jr. NJ 2010–2023 Bove III NJ 2025–present |
| Established on December 10, 1869 by the Judiciary Act of 1869 as a circuit judgeship for the Third Circuit | |||
| Reassigned on June 16, 1891 to the newly formed United States Circuit Court of Appeals for the Third Circuit by the Judiciary Act of 1891 | |||
| Acheson | PA | 1892–1906 | |
| Buffington | PA | 1906–1938 | |
| Biddle | PA | 1939–1940 | |
| Goodrich | PA | 1940–1962 | |
| Freedman | PA | 1964–1971 | |
| Weis, Jr. | PA | 1973–1988 | |
| Nygaard | PA | 1988–2005 | |
| Hardiman | PA | 2007–present | |
| Seat 2 | |||
| Established on June 16, 1891 by the Judiciary Act of 1891 | |||
| Dallas | PA | 1892–1909 | |
| Lanning | NJ | 1909–1912 | |
| McPherson | PA | 1912–1919 | |
| Haight | NJ | 1919–1920 | |
| Davis | NJ | 1920–1939 | |
| Jones | PA | 1939–1944 | |
| Kalodner | PA | 1946–1969 | |
| Adams | PA | 1969–1987 | |
| Hutchinson | PA | 1987–1995 | |
| Rendell | PA | 1997–2015 | |
| Bibas | PA | 2017–present | |
| Seat 3 | |||
| Established on February 23, 1899 by 30 Stat. 846 | |||
| Gray | DE | 1899–1914 | |
| Woolley | DE | 1914–1938 | |
| Maris | PA | 1938–1958 | |
| Forman | NJ | 1959–1961 | |
| W. Smith | NJ | 1961–1968 | |
| Hunter III | NJ | 1971–1986 | |
| Cowen | NJ | 1987–1998 | |
| Fuentes | NJ | 2000–2016 | |
| Matey | NJ | 2019–present | |
| Seat 4 | |||
| Established on June 10, 1930 by 46 Stat. 538 | |||
| Thompson | PA | 1931–1938 | |
| Clark | NJ | 1938–1943 | |
| McLaughlin | NJ | 1943–1968 | |
| Gibbons | NJ | 1969–1990 | |
| Alito | NJ | 1990–2006 | |
| Greenaway, Jr. | NJ | 2010–2023 | |
| Bove III | NJ | 2025–present |
| Seat 5 | |||
|---|---|---|---|
| Seat 5 Established as a temporary judgeship on June 24, 1936 by 49 Stat. 1903 Made permanent on May 31, 1938, by 52 Stat. 584 Biggs, Jr. DE 1937–1965 Seitz DE 1966–1989 Roth DE 1991–2006 Jordan DE 2006–2025 Mascott DE 2025–present | Seat 6 Established on December 7, 1944, by 58 Stat. 796 O'Connell PA 1945–1949 Staley PA 1950–1967 Aldisert PA 1968–1986 Scirica PA 1987–2013 Restrepo PA 2016–present | Seat 7 Established on August 3, 1949 by 63 Stat. 493 Hastie VI 1950–1971 Rosen NJ 1971–1972 Garth NJ 1973–1986 Greenberg NJ 1987–2000 Chertoff NJ 2003–2005 Chagares NJ 2006–present | Seat 8 Established on May 19, 1961 by 75 Stat. 80 Ganey PA 1961–1966 Van Dusen PA 1967–1977 Higginbotham, Jr. PA 1977–1991 McKee PA 1994–2022 Freeman PA 2022–present |
| Established as a temporary judgeship on June 24, 1936 by 49 Stat. 1903 | |||
| Made permanent on May 31, 1938, by 52 Stat. 584 | |||
| Biggs, Jr. | DE | 1937–1965 | |
| Seitz | DE | 1966–1989 | |
| Roth | DE | 1991–2006 | |
| Jordan | DE | 2006–2025 | |
| Mascott | DE | 2025–present | |
| Seat 6 | |||
| Established on December 7, 1944, by 58 Stat. 796 | |||
| O'Connell | PA | 1945–1949 | |
| Staley | PA | 1950–1967 | |
| Aldisert | PA | 1968–1986 | |
| Scirica | PA | 1987–2013 | |
| Restrepo | PA | 2016–present | |
| Seat 7 | |||
| Established on August 3, 1949 by 63 Stat. 493 | |||
| Hastie | VI | 1950–1971 | |
| Rosen | NJ | 1971–1972 | |
| Garth | NJ | 1973–1986 | |
| Greenberg | NJ | 1987–2000 | |
| Chertoff | NJ | 2003–2005 | |
| Chagares | NJ | 2006–present | |
| Seat 8 | |||
| Established on May 19, 1961 by 75 Stat. 80 | |||
| Ganey | PA | 1961–1966 | |
| Van Dusen | PA | 1967–1977 | |
| Higginbotham, Jr. | PA | 1977–1991 | |
| McKee | PA | 1994–2022 | |
| Freeman | PA | 2022–present |
| Seat 9 | ||
|---|---|---|
| Seat 9 Established on June 18, 1968 by 82 Stat. 184 Stahl PA 1968–1970 Rosenn PA 1970–1981 Becker PA 1981–2003 Van Antwerpen PA 2004–2006 Vanaskie PA 2010–2018 Phipps PA 2019–present | Seat 10 Established on October 20, 1978 by 92 Stat. 1629 Sloviter PA 1979–2013 Krause PA 2014–present | Seat 11 Established on July 10, 1984 by 98 Stat. 333 Mansmann PA 1985–2002 Fisher PA 2003–2017 Porter PA 2018–present |
| Established on June 18, 1968 by 82 Stat. 184 | ||
| Stahl | PA | 1968–1970 |
| Rosenn | PA | 1970–1981 |
| Becker | PA | 1981–2003 |
| Van Antwerpen | PA | 2004–2006 |
| Vanaskie | PA | 2010–2018 |
| Phipps | PA | 2019–present |
| Seat 10 | ||
| Established on October 20, 1978 by 92 Stat. 1629 | ||
| Sloviter | PA | 1979–2013 |
| Krause | PA | 2014–present |
| Seat 11 | ||
| Established on July 10, 1984 by 98 Stat. 333 | ||
| Mansmann | PA | 1985–2002 |
| Fisher | PA | 2003–2017 |
| Porter | PA | 2018–present |
| Seat 12 | ||
|---|---|---|
| Seat 12 Established on July 10, 1984 by 98 Stat. 333 Stapleton DE 1985–1999 Ambro DE 2000–2023 Montgomery-Reeves DE 2023–present | Seat 13 Established on December 1, 1990 by 104 Stat. 5089 Lewis PA 1992–1999 D. Smith PA 2002–2021 Chung PA 2023–present | Seat 14 Established on December 1, 1990 by 104 Stat. 5089 Sarokin NJ 1994–1996 Barry NJ 1999–2011 Shwartz NJ 2013–present |
| Established on July 10, 1984 by 98 Stat. 333 | ||
| Stapleton | DE | 1985–1999 |
| Ambro | DE | 2000–2023 |
| Montgomery-Reeves | DE | 2023–present |
| Seat 13 | ||
| Established on December 1, 1990 by 104 Stat. 5089 | ||
| Lewis | PA | 1992–1999 |
| D. Smith | PA | 2002–2021 |
| Chung | PA | 2023–present |
| Seat 14 | ||
| Established on December 1, 1990 by 104 Stat. 5089 | ||
| Sarokin | NJ | 1994–1996 |
| Barry | NJ | 1999–2011 |
| Shwartz | NJ | 2013–present |
See also
- Judicial appointment history for United States federal courts#Third Circuit
- List of current United States circuit judges