United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Second Circuit. It is a federal appellate court with jurisdiction over New York, Connecticut, and Vermont. Established by the Judiciary Act of 1891, the court is one of the thirteen United States courts of appeals and is considered among the most influential, particularly in areas of commercial law and First Amendment jurisprudence. Its decisions are binding on federal trial courts within the Second Circuit and are often cited by other circuits and the Supreme Court of the United States.

History

The court was created by the Evarts Act, which established the intermediate appellate courts to relieve the caseload of the Supreme Court of the United States. Initially headquartered in New York City, its early docket was dominated by admiralty law and commercial law cases arising from the busy port of New York Harbor. Throughout the 20th century, it gained prominence under chief judges like Learned Hand, whose rulings on free speech and tort law had a national impact. The court has been a critical venue for major financial regulation cases stemming from Wall Street and landmark decisions on civil liberties during periods like the Red Scare and the War on Terror.

Jurisdiction

The Second Circuit has appellate jurisdiction over decisions from the District of Connecticut, the Eastern, Northern, Southern, and Western Districts of New York, and the District of Vermont. It also reviews decisions from certain federal administrative agencies, including the National Labor Relations Board and the Securities and Exchange Commission. Appeals from its rulings may be taken to the Supreme Court of the United States via writ of certiorari.

Current composition of the court

As of 2023, the court has 13 authorized judgeships. The chief judge is Debra Ann Livingston. Active judges include José A. Cabranes, a former member of the United States Foreign Intelligence Surveillance Court, and Richard J. Sullivan, a former Southern District of New York judge. The court also includes several senior status judges, such as Pierre N. Leval and Guido Calabresi, a former dean of Yale Law School. Judges are appointed by the President of the United States and confirmed by the United States Senate.

Notable cases

The Second Circuit has decided many precedent-setting cases. In New York Times Co. v. United States (1971), it played a pivotal role in the Pentagon Papers litigation prior to the Supreme Court's decision. United States v. Stein (2008) addressed prosecutorial misconduct in tax shelter cases. More recently, Microsoft Corp. v. United States (2016) involved a major clash over data privacy and extraterritorial warrants. Other significant rulings include those pertaining to the Copyright Act of 1976, the Alien Tort Statute, and the constitutionality of the Defense of Marriage Act.

Courthouse

The court is housed in the Thurgood Marshall United States Courthouse at 40 Foley Square in the Manhattan neighborhood of New York City. This historic Art Deco building, completed in 1936, was originally named for Southern District judge Charles L. Brieant before being renamed in honor of Supreme Court Justice Thurgood Marshall. The courthouse is also home to the United States District Court for the Southern District of New York and features courtrooms and the court's library and clerk's office.

List of former judges

Prominent former judges include Learned Hand, often called the greatest judge never to serve on the Supreme Court of the United States; Henry J. Friendly, renowned for his scholarly opinions; and Thurgood Marshall, who served on the court before his elevation to the Supreme Court. Other notable alumni are Amalya Lyle Kearse, the first African American woman to serve on the court; James L. Oakes; and Jon O. Newman. The court's legacy has been shaped by these jurists, whose writings continue to influence American law.