United States Court of Appeals for the Tenth Circuit

United States Court of Appeals for the Tenth Circuit
Court name	United States Court of Appeals for the Tenth Circuit
Established	0 1929
Country	United States
Location	Byron White U.S. Courthouse, Denver, Colorado
Authority	Article III of the U.S. Constitution
Appeals from	District courts in the Tenth Circuit
Terms	Life tenure
Positions	12
Chiefjudge	Jerome A. Holmes
Website	http://www.ca10.uscourts.gov/

United States Court of Appeals for the Tenth Circuit is a federal appellate court with jurisdiction over six western and midwestern states. It is one of the thirteen United States courts of appeals and hears appeals from the district courts within its geographical boundaries. The court is based at the Byron White U.S. Courthouse in Denver, Colorado, and its decisions may be reviewed by the Supreme Court of the United States.

History

The court was established by the Judiciary Act of 1929, which divided the existing Eighth Circuit to alleviate its growing caseload. It began operations in 1929, with its initial jurisdiction covering Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. The circuit's territory was later expanded to include the District of Wyoming upon Alaska's statehood, but this was short-lived. A significant early figure was Judge Orie Leon Phillips, who served as its first chief judge. The court's headquarters moved to the Byron White U.S. Courthouse, named for the former Supreme Court justice and Colorado alumnus, in the late 20th century.

Jurisdiction

The Tenth Circuit has appellate jurisdiction over all final decisions from the federal district courts within its six-state region. This includes the District of Colorado, the District of Kansas, the District of New Mexico, the Western District of Oklahoma, the Northern District of Oklahoma, the District of Utah, and the District of Wyoming. It also reviews decisions from certain federal administrative agencies and interlocutory appeals under the Collateral order doctrine. Cases are typically heard by randomly selected three-judge panels, with en banc reviews being relatively rare.

Current composition of the court

As of 2023, the court is authorized twelve judgeships. The current active judges include Chief Judge Jerome A. Holmes and Judges Mary Beck Briscoe, Timothy M. Tymkovich, Nancy L. Moritz, Scott M. Matheson Jr., Carolyn B. McHugh, Robert E. Bacharach, Joel M. Carson III, Allison H. Eid, Joel M. Carson III, and two vacancies. The court also utilizes a roster of senior judges, such as Stephanie K. Seymour and David M. Ebel, who continue to hear cases. Judges are appointed by the President of the United States and confirmed by the United States Senate.

Chief judges

The chief judge is the administrative head of the circuit, selected from among the active judges based on seniority and age. Notable chief judges have included Orie Leon Phillips, the first chief; William Judson Holloway Jr.; Stephanie K. Seymour, the first woman to hold the position; and Deanell Reece Tacha. The role involves overseeing court administration, implementing Judicial Conference policies, and representing the circuit. The current chief judge is Jerome A. Holmes, who assumed the role in 2023 following the retirement of Judge Timothy M. Tymkovich.

Former judges

Many distinguished jurists have served on the Tenth Circuit before advancing to other roles or taking senior status. David M. Ebel served for decades before taking senior status. Neil Gorsuch served on the court from 2006 until his appointment to the Supreme Court of the United States in 2017 by President Donald Trump. Other notable former judges include Bobby Ray Baldock, Wade Brorby, and John Carbone Porfilio. The court's history also includes judges like James Earl Barrett and John Lewis Henry Jr., who contributed significantly to its jurisprudence.

Circuit justice

The Supreme Court justice assigned to oversee emergency applications and other procedural matters from the Tenth Circuit is known as the circuit justice. Since 2020, this duty has been held by Neil Gorsuch, who is uniquely familiar with the circuit due to his prior service there. The role involves reviewing applications for stays, injunctions, and other time-sensitive petitions before they can be considered by the full Supreme Court. Prior circuit justices for the Tenth have included Byron White and Sonia Sotomayor.

Notable cases

The Tenth Circuit has ruled on many consequential issues. In *United States v. Nichols*, it upheld the convictions of Oklahoma City bombing conspirator Terry Nichols. The court's decision in *Hobby Lobby Stores, Inc. v. Sebelius* (later affirmed by the Supreme Court) addressed the Religious Freedom Restoration Act in the context of the Affordable Care Act. In *Kimble v. Marvel Entertainment, LLC*, it grappled with patent law and royalty agreements, a case that also reached the Supreme Court. Other significant rulings have involved Native American law, such as cases pertaining to the Muscogee (Creek) Nation reservation, and First Amendment issues in the digital age.

Category:United States courts of appeals Category:1929 establishments in the United States Category:Courts and tribunals established in 1929