Federal judicial appointment history
Encyclopedia
The appointment of federal judges has become viewed as a political process in the last several decades. This is especially true of U.S. Supreme Court and court of appeals
appointments. These charts show the composition of the Supreme and circuit court
s at the end of each four year presidential term, categorizing the judges by the presidential term during which they were nominated for their seat.
As of November 2011, most federal appeals courts still had a majority of Republican
appointees, reflecting Republican dominance of the presidency in recent times; of the thirty years between 1979 and 2009, twenty have been spent under Republican presidents. Seven courts have a majority of Republican appointees (the Supreme Court and six circuit courts), five have a majority of Democratic appointees, and two have an equal number of appointees from each party. However, the party of the president who appointed a judge is not always a good indicator of that judge's judicial philosophy
and place on the political spectrum
.
was established by the Constitution of the United States.
Originally, the Judiciary Act of 1789
set the number of Justices at six. Subsequently, the United States Congress
increased the number of Justices to seven in 1807, nine in 1837 and ten in 1863.
The Judiciary Act of 1869
reduced the number of Justices to nine again
were established by the Judiciary Act of 1891
as "United States circuit courts of appeals" (the name was changed to its current form in 1948). The act authorized 19 appellate judgeships in 9 circuits. Since then, the number of authorized judgeships has increased to 179.
First Circuit
Second Circuit
Third Circuit
Fourth Circuit
Fifth Circuit
Note: The 5th Circuit judges who were transferred to the 11th Circuit in 1981 are not included in the 5th Circuit numbers for 1980.
Sixth Circuit
Seventh Circuit
Eighth Circuit
Ninth Circuit
Note: SEC. 509. of the Court Security Improvement Act of 2007 provided for the creation of a 29th seat on the Ninth Circuit in January 2009.
Tenth Circuit
Eleventh Circuit
Note: In 1980, the 11th Circuit had not yet been created, but the judges that were later transferred to the 11th Circuit from the 5th Circuit are shown here.
Federal Circuit
Note: The Federal Circuit was created in 1982. The judges that sat on the courts that were combined into the Federal Circuit are shown in 1980 for trend comparison purposes.
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
appointments. These charts show the composition of the Supreme and circuit court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
s at the end of each four year presidential term, categorizing the judges by the presidential term during which they were nominated for their seat.
As of November 2011, most federal appeals courts still had a majority of Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
appointees, reflecting Republican dominance of the presidency in recent times; of the thirty years between 1979 and 2009, twenty have been spent under Republican presidents. Seven courts have a majority of Republican appointees (the Supreme Court and six circuit courts), five have a majority of Democratic appointees, and two have an equal number of appointees from each party. However, the party of the president who appointed a judge is not always a good indicator of that judge's judicial philosophy
Judicial philosophy
Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases....
and place on the political spectrum
Political spectrum
A political spectrum is a way of modeling different political positions by placing them upon one or more geometric axes symbolizing independent political dimensions....
.
Supreme Court
The Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
was established by the Constitution of the United States.
Originally, the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
set the number of Justices at six. Subsequently, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
increased the number of Justices to seven in 1807, nine in 1837 and ten in 1863.
The Judiciary Act of 1869
Judiciary Act of 1869
The Judiciary Act of 1869 , also called the Circuit Judges Act of 1869, was a United States statute that made two important reforms of the federal judiciary....
reduced the number of Justices to nine again
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ | DDE 2 | DDE 1 | HST 2 | FDR /HST | FDR 3 | FDR 2 |
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1948 |
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | FDR /HST | FDR 3 | FDR 2 | FDR 1 | HCH | JCC | WGH /JCC | TWW 2 | TWW 1 | WHT |
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1936 | |
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Courts of appeals
The United States Court of AppealsUnited States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
were established by the Judiciary Act of 1891
Judiciary Act of 1891
The Judiciary Act of 1891 , also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts...
as "United States circuit courts of appeals" (the name was changed to its current form in 1948). The act authorized 19 appellate judgeships in 9 circuits. Since then, the number of authorized judgeships has increased to 179.
Summary of 13 circuits combined
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ | DDE 2 | DDE 1 |
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current | |||||||||||||||||||
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1984 | |||||||||||||||||||
1980 |
- There were temporarily 178 existing appellate federal judgeships, due to the elimination of a 12th seat on the D.C. Circuit by Section 509. of the Court Security Improvement Act of 2007. The Act also provided for the creation of a 29th seat on the Ninth Circuit in January 2009 which increased the number of authorized appellate judgeships to 179 again.
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ | DDE 2 | DDE 1 |
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1984 | |||||||||||||||||||
1980 |
Partisan mix of the circuit courts
As of November 28, 2011 Appeals Court (in numerical order) | Percentage of occupied seats appointed by Republicans | Percentage of occupied seats appointed by Democrats | Republican/ Democrat/ Vacant | Percentage of total seats appointed by Republicans | Percentage of total seats appointed by Democrats | Percentage of total seats currently vacant |
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1st United States Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts... |
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2nd United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals... |
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3rd United States Court of Appeals for the Third Circuit The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey... |
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4th United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina... |
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5th United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana... |
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6th United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky... |
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7th United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois... |
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8th United States Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas... |
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9th United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona... |
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10th United States Court of Appeals for the Tenth Circuit The United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas... |
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11th United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama... |
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DC | ||||||
Federal United States Court of Appeals for the Federal Circuit -Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge... |
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Total of 13 circuits |
First CircuitUnited States Court of Appeals for the First CircuitThe United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ |
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1980 |
Second CircuitUnited States Court of Appeals for the Second CircuitThe United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ |
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1980 |
Third CircuitUnited States Court of Appeals for the Third CircuitThe United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ |
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1980 |
Fourth CircuitUnited States Court of Appeals for the Fourth CircuitThe United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ | DDE 2 |
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1980 |
Fifth CircuitUnited States Court of Appeals for the Fifth CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ | DDE 2 | DDE 1 |
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1980 |
Note: The 5th Circuit judges who were transferred to the 11th Circuit in 1981 are not included in the 5th Circuit numbers for 1980.
Sixth CircuitUnited States Court of Appeals for the Sixth CircuitThe United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ | DDE 2 |
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1980 |
Seventh CircuitUnited States Court of Appeals for the Seventh CircuitThe United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ |
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1980 |
Eighth CircuitUnited States Court of Appeals for the Eighth CircuitThe United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ |
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1980 |
Ninth CircuitUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ |
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1984 | |||||||||||||||||
1980 |
Note: SEC. 509. of the Court Security Improvement Act of 2007 provided for the creation of a 29th seat on the Ninth Circuit in January 2009.
Tenth CircuitUnited States Court of Appeals for the Tenth CircuitThe United States Court of Appeals for the Tenth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Colorado* District of Kansas...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ |
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1984 | |||||||||||||||||
1980 |
Eleventh CircuitUnited States Court of Appeals for the Eleventh CircuitThe United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ |
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1984 | ||||||||||||||||
1980 |
Note: In 1980, the 11th Circuit had not yet been created, but the judges that were later transferred to the 11th Circuit from the 5th Circuit are shown here.
DC Circuit
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ |
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1996 | |||||||||||||||||
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1988 | |||||||||||||||||
1984 | |||||||||||||||||
1980 |
- SEC. 509. of the Court Security Improvement Act of 2007 eliminated the 12th seat on the D.C. Circuit.
Federal CircuitUnited States Court of Appeals for the Federal Circuit-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
Year | Total | Appointed by Republicans | Appointed by Democrats | Vacant | BHO | GWB 2 | GWB 1 | WJC 2 | WJC 1 | GHWB | RWR 2 | RWR 1 | JEC | RMN /GRF | RMN 1 | LBJ | JFK /LBJ | DDE 2 |
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1988 | ||||||||||||||||||
1984 | ||||||||||||||||||
1980 |
Note: The Federal Circuit was created in 1982. The judges that sat on the courts that were combined into the Federal Circuit are shown in 1980 for trend comparison purposes.
Acronym key
Acronym | President | Term | Date range |
---|---|---|---|
BHO | Barack Obama Barack Obama Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in... |
n/a | January 20, 2009 – present |
GWB 2 | George W. Bush George W. Bush George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000.... |
second | January 20, 2005 – January 20, 2009 |
GWB 1 | George W. Bush George W. Bush George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000.... |
first | January 20, 2001 – January 20, 2005 |
WJC 2 | Bill Clinton Bill Clinton William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation... |
second | January 20, 1997 – January 20, 2001 |
WJC 1 | Bill Clinton Bill Clinton William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation... |
first | January 20, 1993 – January 20, 1997 |
GHWB | George H. W. Bush George H. W. Bush George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to... |
only | January 20, 1989 – January 20, 1993 |
RWR 2 | Ronald Reagan Ronald Reagan Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor.... |
second | January 20, 1985 – January 20, 1989 |
RWR 1 | Ronald Reagan Ronald Reagan Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor.... |
first | January 20, 1981 – January 20, 1985 |
JEC | Jimmy Carter Jimmy Carter James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office... |
only | January 20, 1977 – January 20, 1981 |
RMN/GRF | Richard Nixon Richard Nixon Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under... and Gerald Ford Gerald Ford Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974... |
split | January 20, 1973 – January 20, 1977 |
RMN 1 | Richard Nixon Richard Nixon Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under... |
first | January 20, 1969 – January 20, 1973 |
LBJ | Lyndon Johnson | second | January 20, 1965 – January 20, 1969 |
JFK/LBJ | John F. Kennedy John F. Kennedy John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963.... and Lyndon Johnson |
split | January 20, 1961 – January 20, 1965 |
DDE 2 | Dwight Eisenhower | second | January 20, 1957 – January 20, 1961 |
DDE 1 | Dwight Eisenhower | first | January 20, 1953 – January 20, 1957 |
HST 2 | Harry Truman | second | January 20, 1949 – January 20, 1953 |
FDR/HST | Franklin Roosevelt and Harry Truman | split | January 20, 1945 – January 20, 1949 |
FDR 3 | Franklin Roosevelt | third | January 20, 1941 – January 20, 1945 |
FDR 2 | Franklin Roosevelt | second | January 20, 1937 – January 20, 1941 |
FDR 1 | Franklin Roosevelt | first | March 4, 1933 – January 20, 1937 |
HCH | Herbert Hoover Herbert Hoover Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business... |
only | March 4, 1929 – March 4, 1933 |
JCC | Calvin Coolidge Calvin Coolidge John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state... |
second | March 4, 1925 – March 4, 1929 |
WGH/JCC | Warren G. Harding Warren G. Harding Warren Gamaliel Harding was the 29th President of the United States . A Republican from Ohio, Harding was an influential self-made newspaper publisher. He served in the Ohio Senate , as the 28th Lieutenant Governor of Ohio and as a U.S. Senator... and Calvin Coolidge Calvin Coolidge John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state... |
split | March 4, 1921 – March 4, 1925 |
TWW 2 | Woodrow Wilson Woodrow Wilson Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913... |
second | March 4, 1917 – March 4, 1921 |
TWW 1 | Woodrow Wilson Woodrow Wilson Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913... |
first | March 4, 1913 – March 4, 1917 |
WHT | William Howard Taft William Howard Taft William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States... |
only | March 4, 1909 – March 4, 1913 |
See also
- United States federal judgeUnited States federal judgeIn the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....