United States Court of Appeals for the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit (in case citations,
9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over
United States Court of
Appeals for the Ninth
the U.S. district courts in the following federal judicial districts:
Circuit
▪ District of Alaska (9th Cir.)
▪ District of Arizona
▪ Central District of California
▪ Eastern District of California
▪ Northern District of California
▪ Southern District of California
▪ District of Hawaii
▪ District of Idaho
▪ District of Montana
▪ District of Nevada
▪ District of Oregon
▪ Eastern District of Washington
▪ Western District of Washington
The Ninth Circuit also has appellate jurisdiction over the territorial courts for the
District of Guam and the District of the Northern Mariana Islands. Additionally,
it sometimes handles appeals that originate from American Samoa, which has no
district court and partially relies on the District of Hawaii for its federal cases.[1]

Headquartered in San Francisco, California, the Ninth Circuit is by far the largest Location James R. Browning
of the 13 U.S. Courts of Appeals, covering a total of nine states and two U.S. Court of Appeals
territories and with 29 active judgeships. The court's regular meeting places are Building
Seattle at the William Kenzo Nakamura United States Courthouse, Portland at (San Francisco,
the Pioneer Courthouse, San Francisco at the James R. Browning U.S. Court of California)
Appeals Building, and Pasadena at the Richard H. Chambers U.S. Court of More [show]
Appeals. locations
William Kenzo
Panels of the court occasionally travel to hear cases in other locations within the
Nakamura U.S.
circuit. Although the judges travel around the circuit, the court arranges its
Courthouse
hearings so that cases from the northern region of the circuit are heard in Seattle (Seattle,
or Portland, cases from southern California and Arizona are heard in Pasadena, Washington)
and cases from northern California, Nevada, Hawaii, and the Pacific territories
Pioneer Courthouse
are heard in San Francisco. Additionally, the court holds yearly sittings in
(Portland, Oregon)
Anchorage and Honolulu. For lawyers who must come and present their cases to
the court in person, this administrative grouping of cases helps to reduce the time Richard H.

and cost of travel. Ninth Circuit judges are also appointed by the United States Chambers U.S. Court

Secretary of the Interior to serve as temporary acting Associate Justices for non- of Appeals
(Pasadena,
federal appellate sessions at the High Court of American Samoa in Fagatogo.[1]
California)
History Appeals from District of Alaska
District of Arizona
Pop. as % Number of Central District of
Total
Year Jurisdiction of nat'l active
population California
pop. judgeships
Eastern District of
California, Idaho, Montana,
1891 Nevada, Oregon, 2,087,000 3.3% 2 California
Washington
Northern District of
1900 Territory of Hawaii added 2,798,000 3.7% 3 California
1912 Arizona added 7,415,000[a] 6.7% 3 Southern District of
California
1940 11,881,000[a] 9.0% 7
District of Hawaii
1960 Alaska and Guam added 22,607,000 12.6% 9
District of Idaho
Northern Mariana Islands
1980 37,170,000 16.4% 23 District of Montana
added

2000 54,575,000 19.3% 28 District of Nevada

District of Oregon
2007 60,400,000 19.9% 28
Eastern District of
2009 61,403,307 19.72% 29
Washington
2010 61,742,858 19.99% 29
Western District of
2020 66,848,869 20.17% 29 Washington
District of Guam
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 District of the
occurred since the U.S. Congress created the Ninth Circuit in 1891.[2] The court Northern Mariana
was originally granted appellate jurisdiction over federal district courts in Islands
California, Idaho, Montana, Nevada, Oregon, and Washington. As new states and Established March 3, 1891
territories were added to the federal judicial hierarchy in the twentieth century, Judges 29
many of those in the West were placed in the Ninth Circuit: the newly acquired
Circuit Justice Elena Kagan
Territory of Hawaii in 1900, Arizona upon its admission to the Union in 1912,
Chief Judge Mary H. Murguia
the Territory of Alaska in 1948, Guam in 1951, and the Commonwealth of the
Northern Mariana Islands in 1977. www.ca9.uscourts.gov (https://www.ca
9.uscourts.gov)
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.[3][a]

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.[4] Instead, appeals from the Supreme Court of
the Philippines were taken directly to the Supreme Court of the United States.[5]

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 Ninth Circuit Court House in 1905
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."[6] 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."[7]

Criticism The Richard H. Chambers U.S. Court

of Appeals, Pasadena, California

Rate of overturned decisions

From 1999 to 2008, of the Ninth Circuit Court rulings that were reviewed 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.[8] 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.[9]

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.[10][11]

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.[12] 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.[13][12] 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.[12]

Size of the court

Many commentators have argued that the Ninth Circuit faces several adverse
consequences of its large size,[14] such as "unwieldly size, procedural inefficiencies,
jurisprudential unpredictability, and unusual en banc process."[15]

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.[16] This means that en banc reviews may not actually reflect
Mary M. Schroeder, when
the views of the majority of the court and indeed may not include any of the three judges
appointed (Nov. 2000) Chief
involved in the decision being reviewed in the first place. The result, according to Judge of the Ninth Circuit,
detractors, is a high risk of intracircuit conflicts of law where different groupings of with her predecessor, Procter
judges end up delivering contradictory opinions. That is said to cause uncertainty in the Ralph Hug Jr.
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.[17]

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.[18]

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.[19]

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. 3654[20]

▪ Final Report of the Commission on Structural Alternatives for the Federal Courts of Appeals[21]
▪ 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. 1845[22]
▪ Circuit Court of Appeals Restructuring and Modernization Act of 2007, S. 525[23]
▪ Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2017, H.R. 196[24]
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:
 Term of service
Duty Appointed
# Title Judge station Born Active Chief Senior by

2011– 2021–
94 Chief Judge Mary H. Murguia Phoenix, AZ 1960 — Obama
present present

Kim McLane 1998–

79 Circuit Judge Pasadena, CA 1954 — — Clinton
Wardlaw present

1999–
82 Circuit Judge Ronald M. Gould Seattle, WA 1946 — — Clinton
present

Johnnie B. 2000–
86 Circuit Judge Las Vegas, NV 1952 — — Clinton
Rawlinson present

Sacramento, 2003–
89 Circuit Judge Consuelo Callahan 1950 — — G.W. Bush
CA present

2006–
91 Circuit Judge Milan Smith El Segundo, CA 1942 — — G.W. Bush
present

2006–
92 Circuit Judge Sandra Segal Ikuta Pasadena, CA 1954 — — G.W. Bush
present

2012–
95 Circuit Judge Morgan Christen Anchorage, AK 1961 — — Obama
present

2012–
96 Circuit Judge Jacqueline Nguyen Pasadena, CA 1965 — — Obama
present

2014–
99 Circuit Judge John B. Owens San Diego, CA 1971 — — Obama
present

2014–
100 Circuit Judge Michelle Friedland San Jose, CA 1972 — — Obama
present

2018–
101 Circuit Judge Mark J. Bennett Honolulu, HI 1953 — — Trump
present

2018–
102 Circuit Judge Ryan D. Nelson Idaho Falls, ID 1973 — — Trump
present

2019–
103 Circuit Judge Eric D. Miller Seattle, WA 1975 — — Trump
present

2019–
104 Circuit Judge Bridget S. Bade Phoenix, AZ 1965 — — Trump
present

2019–
105 Circuit Judge Daniel P. Collins Pasadena, CA 1963 — — Trump
present

2019–
106 Circuit Judge Kenneth K. Lee Carlsbad, CA 1975 — — Trump
present

San Francisco, 2019–

107 Circuit Judge Daniel Bress 1979 — — Trump
CA present

2019–
108 Circuit Judge Danielle J. Forrest Portland, OR 1977 — — Trump
present

2019–
109 Circuit Judge Patrick J. Bumatay San Diego, CA 1978 — — Trump
present

Lawrence 2020–
110 Circuit Judge Reno, NV 1972 — — Trump
VanDyke present

San Francisco, 2021–

111 Circuit Judge Lucy Koh 1968 — — Biden
CA present
 Term of service
Appointed
# Title Judge Duty station Born Active Chief Senior by

2021–
112 Circuit Judge Jennifer Sung Portland, OR 1972 — — Biden
present

San Francisco, 2022–

113 Circuit Judge Gabriel P. Sanchez 1976 — — Biden
CA present

2022–
114 Circuit Judge Holly A. Thomas Pasadena, CA 1979 — — Biden
present

Salvador Mendoza 2022–

115 Circuit Judge Richland, WA 1971 — — Biden
Jr. present

2022–
116 Circuit Judge Roopali Desai Phoenix, AZ 1978 — — Biden
present

Anthony 2023–
117 Circuit Judge Missoula, MT 1973 — — Biden
Johnstone present

2023–
118 Circuit Judge Ana de Alba Fresno, CA 1979 — — Biden
present

Senior Circuit 1996–

40 J. Cli�ord Wallace San Diego, CA 1928 1972–1996 1991–1996 Nixon
Judge present

Senior Circuit Mary M. 2011–

47 Phoenix, AZ 1940 1979–2011 2000–2007 Carter
Judge Schroeder present

Senior Circuit Dorothy Wright 1995–

54 Pasadena, CA 1928 1979–1995 — Carter
Judge Nelson present

Senior Circuit 1996–

55 William Canby Phoenix, AZ 1931 1980–1996 — Carter
Judge present

Senior Circuit Diarmuid 2016–

66 Portland, OR 1937 1986–2016 — Reagan
Judge O'Scannlain present

Senior Circuit 2004–

68 Stephen S. Trott Boise, ID 1939 1988–2004 — Reagan
Judge present

Senior Circuit Ferdinand 2002–

69 Pasadena, CA 1937 1989–2002 — G.H.W. Bush
Judge Fernandez present

Senior Circuit 2010–

72 Andrew Kleinfeld Fairbanks, AK 1945 1991–2010 — G.H.W. Bush
Judge present

Senior Circuit Michael Daly 2010–

73 Phoenix, AZ 1945 1994–2010 — Clinton
Judge Hawkins present

Senior Circuit A. Wallace 2004–

74 Pasadena, CA 1934 1996–2004 — Clinton
Judge Tashima present

Senior Circuit 2023–

75 Sidney R. Thomas Billings, MT 1953 1996–2023 2014–2021 Clinton
Judge present

Senior Circuit Barry G. 2016–

76 Phoenix, AZ 1951 1998–2016 — Clinton
Judge Silverman present

Senior Circuit 2021–

77 Susan P. Graber Portland, OR 1949 1998–2021 — Clinton
Judge present

Senior Circuit M. Margaret 2022–

78 San Diego, CA 1951 1998–2022 — Clinton
Judge McKeown present

Senior Circuit William A. San Francisco, 2022–

80 1945 1998–2022 — Clinton
Judge Fletcher CA present
 Term of service
Appointed
# Title Judge Duty station Born Active Chief Senior by

Senior Circuit 2021–

83 Richard Paez Pasadena, CA 1947 2000–2021 — Clinton
Judge present

Senior Circuit San Francisco, 2022–

84 Marsha Berzon 1945 2000–2022 — Clinton
Judge CA present

Senior Circuit Richard C. Coeur d'Alene, 2018–

85 1953 2000–2018 — Clinton
Judge Tallman ID present

Senior Circuit 2016–

87 Richard Cli�on Honolulu, HI 1950 2002–2016 — G.W. Bush
Judge present

Senior Circuit 2019–

88 Jay Bybee Las Vegas, NV 1953 2003–2019 — G.W. Bush
Judge present

Senior Circuit San Francisco, 2019–

90 Carlos Bea 1934 2003–2019 — G.W. Bush
Judge CA present

Senior Circuit 2018–

93 N. Randy Smith Pocatello, ID 1949 2007–2018 — G.W. Bush
Judge present

Senior Circuit Andrew D. 2022–

98 Phoenix, AZ 1947 2012–2022 — Obama
Judge Hurwitz present

List of former judges

 Born– Active Chief Senior Reason for
# Judge State died service Judge status Appointed by termination

Grant / Operation
1 Lorenzo Sawyer CA 1820–1891 1891 — — death
of law[b]

2 Joseph McKenna CA 1843–1926 1892–1897 — — B. Harrison resignation

William Ball
3 OR 1847–1931 1892–1931 — — B. Harrison death
Gilbert

Erskine Mayo
4 CA 1845–1928 1895–1925 — 1925–1928 Cleveland death
Ross

William W.
5 CA 1843–1929 1897–1923 — 1923–1929 McKinley resignation
Morrow

William Henry [c]

6 MT 1857–1949 1911–1928 — 1928 resignation
Hunt

7 Frank H. Rudkin WA 1864–1931 1923–1931 — — Harding death

Wallace 1925[d]–
8 OR 1867–1944 — — Coolidge not con�irmed
McCamant 1926

Frank Sigel
9 ID 1863–1930 1927–1930 — — Coolidge death
Dietrich

10 Curtis D. Wilbur CA 1867–1954 1929–1945 — 1945–1954 Hoover[e] death

William Henry
11 AZ 1868–1934 1931–1934 — — Hoover death
Sawtelle

Francis Arthur
12 WA 1870–1948 1933–1948 — — F. Roosevelt death
Garrecht

13 William Denman CA 1872–1959 1935–1957 1948–1957 1957–1959 F. Roosevelt death

14 Cli�on Mathews AZ 1880–1962 1935–1953 — 1953–1962 F. Roosevelt death

15 Bert E. Haney OR 1879–1943 1935–1943 — — F. Roosevelt death

Albert Lee
16 CA 1874–1965 1937–1961 1957–1959 1961–1965 F. Roosevelt death
Stephens Sr.

17 William Healy ID 1881–1962 1937–1958 — 1958–1962 F. Roosevelt death

18 Homer Bone WA 1883–1970 1944–1956 — 1956–1970 F. Roosevelt death

William Edwin
19 NV 1881–1965 1945–1956 — 1956–1965 Truman death
Orr

Walter Lyndon
20 MT 1889–1969 1949–1961 1959 1961–1969 Truman death
Pope

Dal Millington
21 CA 1887–1958 1954–1958 — — Eisenhower death
Lemmon

Richard Harvey
22 AZ 1906–1994 1954–1976 1959–1976 1976–1994 Eisenhower death
Chambers

23 James Alger Fee OR 1888–1959 1954–1959 — — Eisenhower death

24 Stanley Barnes CA 1900–1990 1956–1970 — 1970–1990 Eisenhower death

Frederick George
25 WA 1903–1975 1956–1971 — 1971–1975 Eisenhower death
Hamley

Oliver Deveta
26 CA 1892–1973 1958–1963 — 1963–1973 Eisenhower death
Hamlin Jr.
 Born– Active Chief Senior Reason for
# Judge State died service Judge status Appointed by termination

Gilbert H.
27 CA 1897–1973 1958–1967 — 1967–1973 Eisenhower death
Jertberg

Charles Merton
28 NV 1907–1996 1959–1974 — 1974–1996 Eisenhower death
Merrill

Montgomery
29 ID 1912–1992 1959–1976 — 1976–1992 Eisenhower death
Oliver Koelsch

James R.
30 CA 1918–2012 1961–2000 1976–1988 2000–2012 Kennedy death
Browning

Benjamin C.
31 CA 1907–1986 1961–1976 — 1976–1986 Kennedy death
Duniway

Walter Raleigh
32 CA 1913–1984 1964–1979 — 1979–1984 L. Johnson death
Ely Jr.

James Marshall
33 CA 1904–1979 1967–1971 — 1971–1979 L. Johnson death
Carter

Shirley
34 CA 1925–2016 1968–1979 — — L. Johnson resignation
Hufstedler

Eugene Allen
35 WA 1913–2002 1969–1983 — 1983–2002 Nixon death
Wright

36 John Kilkenny OR 1901–1995 1969–1971 — 1971–1995 Nixon death

Ozell Miller
37 AZ 1909–1984 1969–1979 — 1979–1984 Nixon death
Trask

38 Herbert Choy HI 1916–2004 1971–1984 — 1984–2004 Nixon death

39 Alfred Goodwin CA 1923–2022 1971–1991 1988–1991 1991–2022 Nixon death

Joseph Tyree
41 CA 1920–2008 1973–1987 — 1987–2008 Nixon death
Sneed III

Anthony 1936– elevation to

42 CA 1975–1988 — — Ford
Kennedy present Supreme Court

J. Blaine
43 ID 1922–1988 1976–1988 — — Ford death
Anderson

Procter Ralph
44 NV 1931–2019 1977–2002 1996–2000 2002–2017 Carter retirement
Hug Jr.

45 Thomas Tang AZ 1922–1995 1977–1993 — 1993–1995 Carter death

Betty Binns
46 WA 1923–2012 1979–1998 — 1998–2012 Carter death
Fletcher

Otto Richard
48 OR 1919–2012 1979–1986 — 1986–2012 Carter death
Skopil Jr.

49 Jerome Farris WA 1930–2020 1979–1995 — 1995–2020 Carter death

50 Arthur Alarcón CA 1925–2015 1979–1992 — 1992–2015 Carter death

51 Harry Pregerson CA 1923–2017 1979–2015 — 2015–2017 Carter death

Warren J.
52 CA 1920–2008 1979–1986 — 1986–2008 Carter death
Ferguson

53 Cecil F. Poole CA 1914–1997 1979–1996 — 1996–1997 Carter death

 Born– Active Chief Senior Reason for
# Judge State died service Judge status Appointed by termination

Robert
56 AK 1917–2011 1980–1986 — 1986–2011 Carter death
Boochever

William Albert
57 CA 1927–2017 1980–1994 — 1994–1997 Carter retirement
Norris

Stephen
58 CA 1931–2018 1980–2018 — — Carter death
Reinhardt

59 Robert R. Beezer WA 1928–2012 1984–1996 — 1996–2012 Reagan death

Cynthia Holcomb
60 CA 1929–2011 1984–1997 — 1997–2011 Reagan death
Hall

Charles E.
61 CA 1927–2000 1984–1996 — 1996–2000 Reagan death
Wiggins

Melvin T.
62 NV 1933–2009 1985–1999 — 1999–2009 Reagan death
Brunetti

1950–
63 Alex Kozinski CA 1985–2017 2007–2014 — Reagan retirement
present

John T. Noonan
64 CA 1926–2017 1985–1996 — 1996–2017 Reagan death
Jr.

David R.
65 CA 1930–2011 1985–1998 — 1998–2011 Reagan death
Thompson

67 Edward Leavy OR 1929–2023 1987–1997 — 1997–2023 Reagan death

Pamela Ann
70 CA 1941–2011 1989–2011 — — G.H.W. Bush death
Rymer

Thomas G.
71 ID 1936–2011 1990–2003 — 2003–2011 G.H.W. Bush death
Nelson

Raymond C.
81 CA 1939–2020 1999–2013 — 2013–2020 Clinton death
Fisher

1967–
97 Paul J. Watford CA 2012–2023 — — Obama resignation
present

Chief judges
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.[27]

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.[28] Chief Judge

Denman 1948–1957

Stephens, Sr. 1957–1959

Succession of seats Pope 1959

Chambers 1959–1976
The court has 29 seats for active judges, numbered in the order in which they were
Browning 1976–1988
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 Goodwin 1988–1991
appoint new judges to fill their seats. Wallace 1991–1996

Hug, Jr. 1996–2000

Schroeder 2000–2007

Kozinski 2007–2014

S.R. Thomas 2014–2021

Murguia 2021–present

Seat 1 Seat 2 Seat 3 Seat 4

Established on December 10, 1869, Established on June 16, Established on February 18, Established as a temporary
by the Judiciary Act of 1869 as a 1891, by the Judiciary Act of 1895, by 28 Stat. 665 judgeship on March 1, 1929, by
circuit judgeship for the Ninth 1891 45 Stat. 1414
Circuit 1895–
Ross CA
1892– 1925 Made permanent on June 16,
Gilbert OR
Reassigned to the United States 1931 1933, by 48 Stat. 310
Circuit Court of Appeals for the 1925–
McCamant OR
Ninth Circuit by the Judiciary Act 1935– 1926 1929–
Denman CA Wilbur CA
of 1891 1957 1945
1927–
Dietrich ID
Sawyer CA 1891 Hamlin 1958– 1930 1945–
CA Orr NV
Jr. 1963 1956
McKenna CA 1892–1897 1931–
Sawtelle AZ
1964– 1934 1956–
Ely Jr. CA Barnes CA
Morrow CA 1897–1923 1979 1970
1935–
Mathews AZ
Rudkin WA 1923–1931 1980– 1953 1971–
Norris CA Choy HI
1994 1984
Garrecht WA 1933–1948 1954–
Fee OR
W. 1998– 1959 1985–
Pope MT 1949–1961 CA Brunetti NV
Fletcher 2022 1999
1959–
Browning MT 1961–2000 Koelsch ID
H.A. 2022– 1976 2000–
CA Rawlinson NV
Thomas present present
2006– 1976–
Ikuta CA Anderson ID
present 1988

1990–
T. Nelson ID
2003

2007–
N.R. Smith ID
2018

2018–
R. Nelson ID
present
 Seat 5 Seat 6 Seat 7 Seat 8

Established on August 2, 1935, Established on April 14, 1937, Established on April 14, 1937, Established on February 10,
by 49 Stat. 508 by 50 Stat. 64 by 50 Stat. 64 1954, by 68 Stat. 871

1935– Stephens 1937– Healy ID 1937–1958 Lemmon CA 1954–1958

Haney OR CA
1943 Sr. 1961
Merrill NV 1959–1974 Jertberg CA 1958–1967
1944– 1961–
Bone WA Duniway CA Kennedy CA 1975–1988 Carter CA 1967–1971
1956 1976

1956– 1977– Rymer CA 1989–2011 Wallace CA 1972–1996

Hamley WA Hug Jr. NV
1971 2002
Watford CA 2012–2023 1998–
Wardlaw CA
1973– 2003– present
Sneed III CA Bybee NV 2023–
1987 2019 de Alba CA
present
CA/ 1988– 2020–
Trott VanDyke NV
ID 2004 present

2014–
Owens CA
present

Seat 9 Seat 10 Seat 11 Seat 12

Established on February 10, Established on June 18, 1968, by Established on June 18, 1968, Established on June 18, 1968,
1954, by 68 Stat. 871 82 Stat. 184 by 82 Stat. 184 by 82 Stat. 184

Chambers AZ 1954–1976 1968– Wright WA 1969–1983 1969–

Hufstedler CA Kilkenny OR
1979 1971
Tang AZ 1977–1993 Beezer WA 1984–1996
1980– 1971–
Hawkins AZ 1994–2010 Boochever AK 1999– Goodwin OR
1986 Gould WA 1991
present
2011– 1986– 1991–
Murguia AZ O'Scannlain OR Kleinfeld AK
present 2016 2010

2019– 2011–
Forrest OR Christen AK
present present

Seat 13 Seat 14 Seat 15

Established on June 18, 1968, by Established on October 20, 1978, by Established on October 20, 1978, by
82 Stat. 184 92 Stat. 1629 92 Stat. 1629

Trask AZ 1969–1979 Schroeder AZ 1979–2011 Skopil Jr. OR 1979–1986

Canby AZ 1980–1996 Hurwitz AZ 2012–2022 Leavy OR 1987–1997

Silverman AZ 1998–2016 Desai AZ 2022–present Graber OR 1998–2021

Bade AZ 2019–present Sung OR 2021–present

Seat 19

Established on October 20,

1978, by 92 Stat. 1629

Pregerson CA 1979–2015

2019–
Collins CA
present
 Seat 16 Seat 17 Seat 18

Established on October 20, Established on October 20, 1978, Established on October 20,
1978, by 92 Stat. 1629 by 92 Stat. 1629 1978, by 92 Stat. 1629

B. 1979– 1979– 1979–

WA Farris WA Alarcón CA
Fletcher 1998 1995 1992

2000– WA/ 1998– 1996–

Tallman WA McKeown Tashima CA
2018 CA 2022 2004

2019– Mendoza 2022– M.D. 2006–

Miller WA WA CA
present Jr. present Smith present

Seat 20 Seat 21 Seat 22 Seat 23

Established on October 20, Established on October 20, Established on October 20, 1978, Established on October 20,
1978, by 92 Stat. 1629 1978, by 92 Stat. 1629 by 92 Stat. 1629 1978, by 92 Stat. 1629

Ferguson CA 1979–1986 Poole CA 1979–1996 1979– Reinhardt CA 1980–2018

D. Nelson CA
1995
Fernandez CA 1989–2002 Paez CA 2000–2021 2019–
Lee CA
1996– present
2003– 2021– S.R. Thomas MT
Callahan CA Koh CA 2023
present present
2023–
Johnstone MT
present

Seat 24 Seat 25 Seat 26

Established on July 10, 1984, by 98 Stat. 333 Established on July 10, 1984, by 98 Stat. 333 Established on July 10, 1984, by 98 Stat. 333

Wiggins CA 1984–1996 Hall CA 1984–1997 Kozinski CA 1985–2017

Bea CA 2003–2019 Cli�on HI 2002–2016 Bress CA 2019–present

Bumatay CA 2019–present Bennett HI 2018–present

Seat 27 Seat 28 Seat 29

Established on July 10, 1984, by Established on July 10, 1984, by Established on January 21, 2009,
98 Stat. 333 98 Stat. 333 by 121 Stat. 2543[29]
Thompson CA 1985–1998 Noonan Jr. CA 1985–1996 2012–
Nguyen CA
present
Fisher CA 1999–2013 Berzon CA 2000–2022

2014– 2022–
Friedland CA Sanchez CA
present present

See also
▪ Courts of California
▪ Ninth Circuit appointment history
▪ List of current United States circuit judges
▪ Same-sex marriage in the Ninth Circuit

Notes
a. 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.
b. 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.
c. 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 Ta�. 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.
d. Recess appointment not con�irmed
e. President Coolidge �irst nominated Wilbur for the judgeship in the �inal days of his presidency, but the Senate
failed to act on it before the 70tb Congress ended on March 3, 1929.[25][26] Hoover then resubmitted the
nomination to the Senate in the 71st Congress, which approved it.

References
1. Jenkins, Jr., William O. (September 18, 2008). American Samoa: Issues Associated with Some Federal Court
Options (https://www.gao.gov/products/GAO-08-1124T) (Report). United States Government Accountability
O�ice. GAO-08-1124T. Retrieved August 30, 2023.
2. Frederick, David C. (1994). Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891–1941.
University of California Press. ISBN 9780520083813.
3. 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 o�icers claimed to be the representatives of the Republic's legitimate government.
4. Go, Julian (2003). "Introduction" (https://books.google.com/books?id=_wJ9tnBsi2YC&pg=PA7). 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.)
5. Kepner v. United States, 195 U.S. 100 (https://supreme.justia.com/cases/federal/us/195/100/) (1904).
6. White v. Samsung Elec. Am., Inc., 989 F.2d 1512, 1521 (9th Cir. 1993) (Kozinski, J., dissenting).
7. Kleinfeld, Andrew J. (May 22, 1998). "RE: Splitting the Ninth Circuit (http://www.library.unt.edu/gpo/csafca/heari
ngs/submitted/KLEINFEL.htm)". Retrieved June 21, 2005.
8. Hofer, Roy E. (January–February 2010). "Supreme Court Reversal Rates: Evaluating the Federal Courts of
Appeals" (https://ipo.org/wp-content/uploads/2013/03/Supremecourtreversalrates.pd�) (PDF). Landslide. Vol. 2,
no. 3. American Bar Association Intellectual Property Law Section. ISSN 1942-7239 (https://www.worldcat.org/iss
n/1942-7239). LCCN 2008213101 (https://lccn.loc.gov/2008213101). Archived (https://web.archive.org/web/2023101
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9. Carroll, Lauren (February 10, 2017). "No, the 9th Circuit isn't the 'most overturned court in the country,' as
Hannity says" (http://www.politifact.com/punditfact/statements/2017/feb/10/sean-hannity/no-9th-circuit-isnt-mo
st-overturned-court-country-). PolitiFact. Archived (https://web.archive.org/web/20230608194315/https://www.poli
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10. 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).
11. Williams, Carol J. (July 18, 2011). "U.S. Supreme Court again rejects most decisions by the U.S. 9th Circuit Court
of Appeals" (http://articles.latimes.com/2011/jul/18/local/la-me-ninth-circuit-scorecard-20110718). Los Angeles
Times. Retrieved August 4, 2012.
12. Fitzpatrick, Brian (July 31, 2018). "Written Testimony at Hearing on Oversight of the Structure of the Federal
Courts" (https://www.judiciary.senate.gov/imo/media/doc/07-31-18%20Fitzpatrick%20Testimony.pd�) (PDF).
United States Senate Committee on the Judiciary. Retrieved June 12, 2019.
13. Qiu, Linda (November 26, 2018). "Does the Ninth Circuit Have the Highest Reversal Rate in the Country?" (http
s://www.nytimes.com/2018/11/26/us/politics/fact-check-trump-ninth-circuit.html). New York Times. Retrieved
June 12, 2019.
14. O'Scannlain, Diarmuid (October 2005). "Ten Reasons Why the Ninth Circuit Should Be Split" (https://web.archiv
e.org/web/20150924011410/http://www.fed-soc.org/Publications/Engage/Oct+05.pd�) (PDF). Engage. 6 (2): 58–64.
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s/gmlr26&i=1353). George Mason Law Review. 26 (4): 1299–1329.
16. Rule 35–3 http://cdn.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf
17. "Statement of Circuit Judge Alex Kozinski to the House Judiciary Subcommittee on Courts" (https://web.archive.o
rg/web/20120926114549/http://judiciary.house.gov/legacy/kozinski102103.htm). U.S. House of Representatives.
October 21, 2003. Archived from the original (http://judiciary.house.gov/legacy/kozinski102103.htm) on
September 26, 2012. Retrieved February 6, 2012.
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s://online.wsj.com/public/resources/documents/wsj_court_united.pd�) (PDF). Engage. 7 (1): 63–66. Retrieved
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+Duke+L.+J.+351+pd�) (PDF) on March 6, 2011. Retrieved June 14, 2009.
21. Final Report, Commission on Structural Alternatives for the Federal Courts of Appeals, December 18, 1998
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nate.gov/hearings/testimony.cfm?id=e655f9e2809e5476862f735da10bb4f9&wit_id=e655f9e2809e5476862f735da10b
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November 19, 2007.
23. Govtrack.us (https://www.govtrack.us/congress/bill.xpd?bill=s110-525) S. 525—110th Congress (2007): Circuit
Court of Appeals Restructuring and Modernization Act of 2007 (database of federal legislation): govtrack.us (http
s://www.govtrack.us/congress/bill.xpd?bill=s110-525); retrieved February 18, 2008.
24. Govtrack.us (https://www.govtrack.us/congress/bills/115/hr196/text); retrieved February 27, 2021,
25. "Wilbur Nominated for Judge Post", Woodland Daily Democrat, March 1, 1929 at p. 1 (noting, as the Coolidge
Administration ended, that Coolidge nominated Wilbur for the new judgeship).
26. "Sentence Cut Out by Hoover", Oakland Tribune, 1929-03-04, Section D, p. 1 (noting that the Wilbur nomination
was not acted upon before the 70th Congress ended).
27. 28 U.S.C. § 45 (https://www.law.cornell.edu/uscode/text/28/45)
28. 62 Stat. 871 (https://legislink.org/us/stat-62-871), 72 Stat. 497 (https://legislink.org/us/stat-72-497), 96 Stat. 51 (htt
ps://legislink.org/us/stat-96-51)
29. Court Security Improvement Act of 2007, Pub. L. 110–177 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbn
ame=110_cong_public_laws&docid=f:publ177.110.pd�) § 509(a)(2), 121 Stat. 2534, 2543, January 7, 2008

External links
▪ United States Court of Appeals for the Ninth Circuit (https://www.ca9.uscourts.gov)
▪ This website includes links to the court's published and unpublished opinions, court-speci�ic rules of appellate
procedure, and general operating procedures.
▪ Ninth Circuit Library (https://www.ca9.uscourts.gov/library/)
 ▪ Recent opinions from FindLaw (http://caselaw.lp.�indlaw.com/scripts/getcase.pl?court=9th&navby=year&year=rec
ent)
▪ Federal Judicial Center (http://www.�jc.gov/history/home.nsf/usca_09_frm?OpenFrameSet)
▪ Disposition of Supreme Court decisions on certiorari or appeal from state and territory supreme courts, and from
federal courts of appeals, 1950–2006 (http://web.mit.edu/keithw/www/statestats.html)

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