United States Courts of Appeals courts are equally as important as the United States Supreme Court. They are the first federal courts that consider matters of law and interpret the Constitution and the application of the United States Code. When the Surpreme Court is examining petitions to "grant cert" most of them have been considered by the appellate court first. Thus, the composition of these courts is as important to the administration of justice as the Supreme Court.
I've noted the positions filled and the number of vacances in each circuit.
I'll begin with the three most important of the circuits, the District of Columbia, the Ninth, and the Second.
District of Columbia Circuit - 11 Seats - 2 Vacancies
While it has the smallest geographic jurisdiction of any of the United States courts of appeals, the D.C. Circuit, with eleven active judgeships, is arguably the most important inferior appellate court, thereby making it often regarded as the second highest court in the land. The court is given the responsibility of directly reviewing the decisions and rulemaking of many federal independent agencies of the United States government based in the national capital, often without prior hearing by a district court.
Conservative Tilt: +3
Prospects:
The President has to act aggressively on this very important court. He could appoint 2 the two vacant seats and bring this court to a +1 Conservative tilt pretty quickly. Additionally, a few of these judges are approaching senior status, which is a form of semi-retirement. Judges Rogers and Tatel may take senior status next year, meaning two Clinton appointees will be gone, tilting this court +5 conservative. Scalia Clone Chief Judge Sentelle would be elegible for senior status today, had he not been elevated to Chief Judge last year. That move extended his retirement to age 70, which means he will be around until 2013. However, Judge Henderson may also take senior status next year, Judge Ginsburg in 2011. With these two appointments and filling the vacancies, the President could finish his first term with this court +1 Moderate. (Liberals are unlikely to make it through the Senate to this court.)
The Ninth Circuit - 29 Seats - 2 Vacancies
Headquartered in San Francisco, California, USA, the Ninth Circuit is by far the largest of the thirteen courts of appeals, with 29 active judgeships. The court's regular meeting places are Seattle, Portland, San Francisco, and Pasadena, but panels of the court occasionally travel to hear cases in other locations within its territorial jurisdiction. Although the judges travel around the circuit, the court arranges its hearings so that cases from the northern region of the circuit are heard in Seattle or Portland, cases from southern California are heard in Pasadena, and cases from northern California, Nevada, Arizona, and Hawaii are heard in San Francisco.
Liberal Tilt: +5
Prospects:
If there is any court that could be dubbed "The Clinton Court" it is the Ninth Circuit. This court is huge. It needs to be split, but previous attempts over the past 15 years have always run aground in Congress. Judge Hawkins gets senior status next year, so there are three appointments available to this court. In addition, the President will likely get to appoint the aging Carter, Reagan, and Bush I appointees. Except Cheif Judge Kozinski, a Reagan appointee elevated in 2007. He will turn 65 in 2015 and can keep his position until 2014. The President could end his first term with this court tilting +10 Liberal assuming it isn't split.
The Second Circuit - 13 Seats - 4 Vacancies
The Second Circuit sits in Manhattan at the famed Thurgood Marshall Courthouse. It is a very important court due to New York's importance in commercial, organized crime, terrorism, and international law cases. It is the court form which Justice Sotomayor was elevated and is the historic home of my favorite justice of all time, the estimable Learned Hand, known for his brilliant mix of progressivism and restraint.
Conservative Tilt: +0
Prospects:
The President has already elevated one former district judge to this court and has nominated Styvesant High School, Princeton and Fordham graduate Denny Chin to a seat. If he can get Chin confirmed and fill the 3 other seats, he would tilt this court +4 "liberal." Chief Judge Dennis Jacobs, a Bush I appointee, wont reach 70 until 2014 and wont finish his his term as Chief Judge until 2013. Still, the President could have an immediate impact on this important court.
The First Circuit - 6 Seats - 1 Vacancy
The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, but the court sits for two weeks each year in Old San Juan, Puerto Rico and occasionally at other locations within the circuit.
Conservative Tilt: +1
Prospects:
The President has nominated Judge Ojetta Rogeriee Thompson, who grew up in segregated South Carolina to fill the vacant seat. Judge Brown is a graduate of Brown and BU Law School. She was recommended to the President by Senator Whitehouse, whose legal mind I respect. In addition, the President will likely get to replace two Republican appointed judges who are beyond age 70. Chief Judge Sandra Lynch assumed office last year and is an appointee of President Clinton. She is, to date, the only woman to ever serve on this court. Let's hope the President follows up Judge Thompson's nomination with another woman to give this court some balance.
The Third Circuit - 14 Seats - 2 Vacancies
This Court sits in Philadelphia and also has jurisdiction over the Virgin Islands.
Conservative Tilt: +0
Prospects:
Both Clinton and Bush the younger appointed 5 judges each to this court. Chief Judge Anthony Joseph Scirica, a Reagan appointee, turns 70 next year, ending his term as Chief. The Chiefship will like pass to Clinton appointee Judge Theodore McKee. Both Scirica and Carter appointee Judge Dolores Korman Sloviter will likely pass into senior status during President Obama's first term. The President has nominated two district court judges to fill the vacant seats, Judge Joseph A. Greenaway, Jr. and Judge Thomas I. Vanaskie. The President could finish his first term with this court +3 Liberal.
The Fourth Circuit - 15 Seats - 4 Vacancies
The court sits in Richmond and has jurisdiction over the Virginias and Carolinas.
Conservative Tilt: +1
Prospects:
The Senate has confirmed Andover and Penn graduate Judge Andre Davis to a seat in November. The President has nominated judges to fill three out of the four vacant seats: Virginia Supreme Court Judge Barbara Keenan, North Carolina Superior Court Judge Albert Diaz, and North Carolina Court of Appeals Judge James Wynn. Noted wingnut J. Harvie Wilkinson sits on this court and will reach senior status during President Obama's first term. However, as a former Chief Judge, he could stick around until 2014. President needs to seriously work on this court and his current crop of nominees look good. The problem is getting them confirmed on this traditionally conservative court.
The Fifth Circuit - 17 Seats - 1 Vacancy
The court sits in New Orleans and, notably, covers Texas, Louisiana, and Mississippi.
Conservative Tilt: +8
Prospects:
This court may as well be called the "Bush Privy Council." Eight out of fourteen active judges were appointed by a Bush. It is neck deep in nutcase fringe. However, a few of the Reagan appointees may be assuming senior status soon, and possibly three more over the course of the President's first term. Little chance it will make much difference, but you gotta start somewhere.
The Sixth Circuit - 16 Seats - 1 Vacancy
The court sits in Cincinnati and covers Ohio, Kentucky, Michigan and Tennessee.
Conservative Tilt: +6
Prospects:
If you need any proof that elections have consequences, look no further than this court. George W. Bush appointed half its 16 seats. They are relatively young and uniformly conservative. Exception must be made for Judge Helen White, who was a Clinton nominee stymied by Republicans. Bush appointed her in a deal that also allowed him to appoint noted underachiever Judge Raymond M. Kethledge. President Obama has nominated Tennessee labor lawyer Jane Branstetter Stranch to the vacant seat.
The Seventh Circuit - 11 Seats - No Vacancies
The Court sits in Chicago and also covers Wisconsin and Indiana. It is notable for being the court of famed conservative philosophers Judge Frank Easterbrook and Judge Richard Posner.
Conservative Tilt: +3
Prospects:
The Senate has confirmed Obama nominee Judge David F. Hamilton to this court, who is notable for this:
In November 2005, Hamilton drew headlines for ruling that the Indiana state legislature is not permitted to begin its sessions with Christian prayers, that invocations that use names like Jesus Christ or Christian terms like savior are sectarian, but that names for God in other languages (like 'Allah,' 'Gott,' Dieu,' 'Theos,' or 'Elohim') are permissible unless there is evidence that those words are used in order to advance or disparage a particular religion.Hamilton concluded that using proselytizing words in invocations at the statehouse violated the United States Constitution. "All are free to pray as they wish in their own houses of worship or in other settings," Hamilton wrote. "Those who wish to participate in a practice of official prayer must be willing to stay within constitutional bounds."
Four members of this court, all Reagan appointees, including Judge Posner, are over 70. Judge Terence Evans, a Clinton appointee, will likely seek senior status next year.
The Eighth Circuit - 11 Seats - No Vacancies
The court sits in St. Louis and has jurisdiction over many states along the Mississippi and Nebraska.
Conservative Tilt: + 7
Prospects:
George W. Bush appointed 7 members of this court. The two Clinton appointees are over 70, as Reagan appointee Judge Roger Wollman and G.H.W. Bush appointee Chief Judge James Loken. Chief Judge Loken's term as Chief ends next year. Senior status is not far off for four of the eleven seats.
The Tenth Circuit - 12 Seats - 1 Vacancy
The court sits in Denver and has jurisdiction over a number of Rocky Mountain states as well as Kansas & Oklahoma.
Conservative Tilt: +3
Prospects:
This is another court President Obama will likely get the chance to tilt back. The four Clinton appointees are relatively young, and the Bush II appointeed older than the norm. Chief Judge Robert Henry has already announced he will retire next year to become President of Oklahoma City University. You folks who are into preserving wildlands or tribal issues had better stay focused on getting good people appointed to this court. George W. Bush appointed five of its members, two of whom are under 50. One is just 42 years old.
The Eleventh Circuit - 12 Seats - 1 Vacancy
The court sits in Atlanta and has jurisdiction over Alabama and Florida.
Conservative Tilt: +1
Prospects:
Here is another court where President Obama (and a Democratic Senate) could have a big impact. Judge Stanley F. Birch, Jr., a Bush I appointee, has announced he will take senior status next year. Four other Republican appointees will reach senior status over President Obama's first term. Clinton appointed four young appointees to this court and George W. Bush only one. President Obama has nominated district court Judge Beverly Martin to the vacant seat.
In summary, out of 12 Courts of Appeals, President Obama could transform four of them, and tilt the balance favorably in four more. Give him another term, and his presidency will prove even more decisive than George W. Bush's when it comes to appellate courts.
Of course, without a Democratic Senate, it's a much tougher row to hoe.