This article is written in American English, which has its own spelling conventions (color, defense, traveled) and some terms that are used in it may be different or absent from other varieties of English. According to the relevant style guide, this should not be changed without broad consensus. |
This article is rated C-class on Wikipedia's
content assessment scale. It is of interest to the following WikiProjects: | ||||||||||||||||||||||||||||||||||
|
The DC Circuit website doesn't mention an official reporter, and neither does the Bluebook. In fact, I've never seen a reference to an official DC Reporter. Unless someone can provide substantiation, I'm going to remove that reference in a week. -- 24.193.52.119 ( talk) 02:57, 26 January 2010 (UTC)
Consider the claim substantiated. There are quite a few of the court's older decisions that include a citation to the official reporter. i.e., U.S.App.D.C. Reports. Some of the decisions on the court's website include a reference to the reporter. e.g., In Re: Madison Guaranty Savings & Loan (Lewinsky Fee Application), No. 94-0001 (D.C. Cir. January 6, 2004) (per curiam) ("Notice: This opinion is subject to formal revision before publication in the Federal Reporter or U.S.App.D.C. Reports. Users are requested to notify the Clerk of any formal errors in order that corrections may be made before the bound volumes go to press.").
Of course, one can see for themselves if they choose.
www.cadc.uscourts.gov/internet/opinions.nsf/FDC940A11A5F130885256F82006D106F/$file/94-0001o.pdf
Publiusabinitio ( talk) 18:46, 27 January 2013 (UTC)
So it looks like I got confused by the fact that the enabling statutes of many agencies provide for direct review of their decisions in the DC Circuit Court--the Administrative Procedures Act just provides for review by federal courts generally. If anyone knows which agencies in particular have this specified for them, or can otherwise explain why (and if) this court still hears most agency decisions under the APA, you're a better man than me, and your contribution is welcome.
(I hate admin law. I really do.) Postdlf 00:30 15 Apr 2004 (UTC)
Saucy Intruder just made an edit with the comment: "added Brown and Griffith to active judge list; consistent with FJC, we should put them on the court when they receive their commission, not at their formal swearing-in".
I wholly disagree with the notion that the start of service for a judge is their date of receipt of commission. The list of justices of the Supreme Court from the Supreme Court's official website states, among its notes:
The date a Member of the Court took his/her Judicial oath (the Judiciary Act provided “That the Justices of the Supreme Court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath…”) is here used as the date of the beginning of his/her service, for until that oath is taken he/she is not vested with the prerogatives of the office.
Moreover, take a look at the entry for William Rehnquist from the FJC: Rehnquist is listed as leaving his associate justiceship on September 26, 1986, a day after he is listed as receiving his commission as Chief Justice. If the FJC truly believed that someone started on the court when they receive their commission, this would imply that Rehnquist was both Associate and Chief Justice for a day. A similar observation could be made about Scalia being both a Judge of the D.C. Circuit and an Associate Justice for a single day, or Anthony Kennedy being both a Judge of the Ninth Circuit and an Associate Justice for over a week.
— DLJessup 00:34, 15 August 2005 (UTC)
Thank you for the clarifying footnote. It definitely improves the article.
Nonetheless, I need to try to quash this notion that the start of a circuit judge's term of service is anything other than the swearing-in. If I can do this, it could head off future disputes, so please bear with me.
First, let me address some of your comments above:
On a more general note, there are only three times at which a Judge could be considered to start his or her term of office: confirmation by the Senate, receipt of the commission, or the taking of the oath. Confirmation is pretty easy to eliminate: a judge could (and has — see Robert H. Harrison) turn down a appointment after confirmation. So our choice is really between the receipt of commission and the oathtaking. Now consider this: according to the California Supreme Court website, Brown left the California Supreme Court on June 30, yet according to the FJC, Rogers received her commission on June 10. Brown can't be on both a state court and a federal court, so clearly the receipt of commission can't be the start of office. (Note that this also provides yet further evidence that confirmation by the Senate isn't the start of service, since confirmation occurs earlier than receipt of commission.)
Now, you'll note that I didn't address the first of your reasons. The fact of the matter is that it's the strongest of your reasons, and it's possible that Brown has been sworn in and we don't know it. Now, it's also quite possible that the web team simply posted her biography when it was most convenient to them. So we're in the dark about whether she's started office. Similar concerns apply to Griffith as well. I would think that, if Brown or Griffith had taken the oath, it would appear on the News section of the web site, but its absence doesn't quite rise to the level of definitive proof.
Sorry to bang on so long.
— DLJessup 03:59, 16 August 2005 (UTC)
In your hypothetical, Griffith is entitled to his seat — but the House will most likely be drawing up bills of impeachment against him. Basically, I think right now Brown and Griffith are in a position similar to any President between their election and inauguration. On January 19, 2001, George W. Bush wasn't President, even though, short of violent death, there wasn't anything that would prevent from becoming President the next day, so he was referred to as "President-elect". Similarly, Griffith is a Judge-designate until he takes his oath of office.
I agree that we can keep them in the list with an appropriate footnote. As I stated earlier, my primary motivation is to quash the notion that (unless they have already taken the oath of office and we just don't know it), Griffith and Brown have already started their term of service. What I'm really afraid of is that someone will come along and start giving the terms of service with full dates, instead of just years, and using the receipt of commission as the start date. I'd like to not have that person be able to point to this discussion as evidence for their side.
— DLJessup 13:19, 16 August 2005 (UTC)
For what it's worth, I took your advice and sent an e-mail to the DC Circuit website. We'll see if I get a reply. — DLJessup 14:35, 16 August 2005 (UTC)
Please note and contribute to this discussion. Billyboy01 ( talk) 23:13, 22 April 2010 (UTC)
Are there really 'seats' on the court? When a president nominates somebody to this court, does he need to specify which 'seat' he is being nominated for? If so, then some explaination of which each seat does as opposed to another seat, should be explained. If the only difference is the date the 'seat' was created, then it really isn't a seat, but more an enlonging of the bench which the judges share. And if that is the case, then the idea of the 'seats' should be removed. Rodchen ( talk) 04:51, 17 May 2011 (UTC)
An editor has asked for a discussion to address the redirect United States Court of Appeals for the Zeroth Circuit. Please participate in the redirect discussion if you wish to do so. signed, Rosguill talk 17:52, 6 June 2019 (UTC)
However obscure the predecessor court may be these days,that this court is not the same as,but can very easily be confused with,the United States Circuit Court of the District of Columbia is exactly why there are hatnotes. I firmly disagree with the deletion of the reference. 71.105.190.227 ( talk) 06:30, 20 February 2024 (UTC)
This article is written in American English, which has its own spelling conventions (color, defense, traveled) and some terms that are used in it may be different or absent from other varieties of English. According to the relevant style guide, this should not be changed without broad consensus. |
This article is rated C-class on Wikipedia's
content assessment scale. It is of interest to the following WikiProjects: | ||||||||||||||||||||||||||||||||||
|
The DC Circuit website doesn't mention an official reporter, and neither does the Bluebook. In fact, I've never seen a reference to an official DC Reporter. Unless someone can provide substantiation, I'm going to remove that reference in a week. -- 24.193.52.119 ( talk) 02:57, 26 January 2010 (UTC)
Consider the claim substantiated. There are quite a few of the court's older decisions that include a citation to the official reporter. i.e., U.S.App.D.C. Reports. Some of the decisions on the court's website include a reference to the reporter. e.g., In Re: Madison Guaranty Savings & Loan (Lewinsky Fee Application), No. 94-0001 (D.C. Cir. January 6, 2004) (per curiam) ("Notice: This opinion is subject to formal revision before publication in the Federal Reporter or U.S.App.D.C. Reports. Users are requested to notify the Clerk of any formal errors in order that corrections may be made before the bound volumes go to press.").
Of course, one can see for themselves if they choose.
www.cadc.uscourts.gov/internet/opinions.nsf/FDC940A11A5F130885256F82006D106F/$file/94-0001o.pdf
Publiusabinitio ( talk) 18:46, 27 January 2013 (UTC)
So it looks like I got confused by the fact that the enabling statutes of many agencies provide for direct review of their decisions in the DC Circuit Court--the Administrative Procedures Act just provides for review by federal courts generally. If anyone knows which agencies in particular have this specified for them, or can otherwise explain why (and if) this court still hears most agency decisions under the APA, you're a better man than me, and your contribution is welcome.
(I hate admin law. I really do.) Postdlf 00:30 15 Apr 2004 (UTC)
Saucy Intruder just made an edit with the comment: "added Brown and Griffith to active judge list; consistent with FJC, we should put them on the court when they receive their commission, not at their formal swearing-in".
I wholly disagree with the notion that the start of service for a judge is their date of receipt of commission. The list of justices of the Supreme Court from the Supreme Court's official website states, among its notes:
The date a Member of the Court took his/her Judicial oath (the Judiciary Act provided “That the Justices of the Supreme Court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath…”) is here used as the date of the beginning of his/her service, for until that oath is taken he/she is not vested with the prerogatives of the office.
Moreover, take a look at the entry for William Rehnquist from the FJC: Rehnquist is listed as leaving his associate justiceship on September 26, 1986, a day after he is listed as receiving his commission as Chief Justice. If the FJC truly believed that someone started on the court when they receive their commission, this would imply that Rehnquist was both Associate and Chief Justice for a day. A similar observation could be made about Scalia being both a Judge of the D.C. Circuit and an Associate Justice for a single day, or Anthony Kennedy being both a Judge of the Ninth Circuit and an Associate Justice for over a week.
— DLJessup 00:34, 15 August 2005 (UTC)
Thank you for the clarifying footnote. It definitely improves the article.
Nonetheless, I need to try to quash this notion that the start of a circuit judge's term of service is anything other than the swearing-in. If I can do this, it could head off future disputes, so please bear with me.
First, let me address some of your comments above:
On a more general note, there are only three times at which a Judge could be considered to start his or her term of office: confirmation by the Senate, receipt of the commission, or the taking of the oath. Confirmation is pretty easy to eliminate: a judge could (and has — see Robert H. Harrison) turn down a appointment after confirmation. So our choice is really between the receipt of commission and the oathtaking. Now consider this: according to the California Supreme Court website, Brown left the California Supreme Court on June 30, yet according to the FJC, Rogers received her commission on June 10. Brown can't be on both a state court and a federal court, so clearly the receipt of commission can't be the start of office. (Note that this also provides yet further evidence that confirmation by the Senate isn't the start of service, since confirmation occurs earlier than receipt of commission.)
Now, you'll note that I didn't address the first of your reasons. The fact of the matter is that it's the strongest of your reasons, and it's possible that Brown has been sworn in and we don't know it. Now, it's also quite possible that the web team simply posted her biography when it was most convenient to them. So we're in the dark about whether she's started office. Similar concerns apply to Griffith as well. I would think that, if Brown or Griffith had taken the oath, it would appear on the News section of the web site, but its absence doesn't quite rise to the level of definitive proof.
Sorry to bang on so long.
— DLJessup 03:59, 16 August 2005 (UTC)
In your hypothetical, Griffith is entitled to his seat — but the House will most likely be drawing up bills of impeachment against him. Basically, I think right now Brown and Griffith are in a position similar to any President between their election and inauguration. On January 19, 2001, George W. Bush wasn't President, even though, short of violent death, there wasn't anything that would prevent from becoming President the next day, so he was referred to as "President-elect". Similarly, Griffith is a Judge-designate until he takes his oath of office.
I agree that we can keep them in the list with an appropriate footnote. As I stated earlier, my primary motivation is to quash the notion that (unless they have already taken the oath of office and we just don't know it), Griffith and Brown have already started their term of service. What I'm really afraid of is that someone will come along and start giving the terms of service with full dates, instead of just years, and using the receipt of commission as the start date. I'd like to not have that person be able to point to this discussion as evidence for their side.
— DLJessup 13:19, 16 August 2005 (UTC)
For what it's worth, I took your advice and sent an e-mail to the DC Circuit website. We'll see if I get a reply. — DLJessup 14:35, 16 August 2005 (UTC)
Please note and contribute to this discussion. Billyboy01 ( talk) 23:13, 22 April 2010 (UTC)
Are there really 'seats' on the court? When a president nominates somebody to this court, does he need to specify which 'seat' he is being nominated for? If so, then some explaination of which each seat does as opposed to another seat, should be explained. If the only difference is the date the 'seat' was created, then it really isn't a seat, but more an enlonging of the bench which the judges share. And if that is the case, then the idea of the 'seats' should be removed. Rodchen ( talk) 04:51, 17 May 2011 (UTC)
An editor has asked for a discussion to address the redirect United States Court of Appeals for the Zeroth Circuit. Please participate in the redirect discussion if you wish to do so. signed, Rosguill talk 17:52, 6 June 2019 (UTC)
However obscure the predecessor court may be these days,that this court is not the same as,but can very easily be confused with,the United States Circuit Court of the District of Columbia is exactly why there are hatnotes. I firmly disagree with the deletion of the reference. 71.105.190.227 ( talk) 06:30, 20 February 2024 (UTC)