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E. Barrett Prettyman U.S. Courthouseand William B. Bryant Annex
Historical society
of tHe
District of columbia
circuit
Laying the cornerstone of the Prettyman
Courthouse in 1952, President Truman
recognized the significance of the Courts of
this Circuit: “These courts hear cases which
are not only important to the private parties
concerned, but which involve issues vital
to the welfare and growth of the Nation.
Nowhere else, outside the Supreme
Court of the United States, will so many
legal questions of national magnitude be
decided as in this building before us.”
Look for us at www.dcchs.org or atwww.facebook.com/CircuitHistory
OFFICERSStephen J. Pollak – Chair
James E. Rocap, III – PresidentEzra B. Marcus – TreasurerEva Petko Esber – SecretaryDaniel R. Ernst – HistorianMaeva Marcus – Historian
BOARD OF DIRECTORS
Ruth Bader Ginsburg, Honorary Chair
Jodi L. AvergunBeth S. Brinkmann
Mary Patrice Brown Tanya S. Chutkan John F. CooneyJan Crawford
John P. Elwood Eva Petko Esber
Roger A. Fairfax, Jr.Andrea Ferster Meredith Fuchs
John Vincent Geise Beryl A. Howell
Ketanji Brown JacksonAmy Jeffress
William H. Jeffress, Jr. Gregory G. Katsas
Peter D. Keisler Kevin King
Caroline D. KrassSara Kropf
Richard J. LeonJessie K. Liu
William F. MarmonPatricia A. Millett
Randolph D. MossChanning D. Phillips
Stephen J. PollakJames E. Rocap, III
Addy R. SchmittWilliam B. Schultz
Steven A. SteinbachKaren L. Stevens
Stuart S. Taylor, Jr.K. Chris Todd
Helgi C. WalkerBetsy K. Wanger
Linda J. Ferren, Executive DirectorDavid W. McCarthy, Administrator
SUPPORT THE MISSION OF THEHISTORICAL SOCIETY
Annual individual membership fees:
Academic $35 Contributing $50 Sustaining $100 Sponsoring $500 Patron $1,000 or more
Annual law firm and corporate membership fees:
Friend $1,500 Partner $3,000 Benefactor $5,000
To join, visit our website at dcchs.org/join, complete the online membership form and submit.
Alternatively, make your check payable to Historical Society of the D.C. Circuit
and mail it to
Historical Society of the D.C. Circuit E. Barrett Prettyman U.S. Courthouse
333 Constitution Avenue, N.W., Room 4714 Washington, DC 20001
Please include your name and street and email addresses.
Questions or comments? Phone us at 202.216.7346 or email us at
The Historical Society is a 501(c)(3) nonprofitorganization independent of the Courts.
TO RECORD, PRESERVE AND PUBLICIZETHE LIFE AND HISTORY OF THE COURTS OF
THE DISTRICT OF COLUMBIA CIRCUIT
Photo Courtesy of Michelle Ryan
The Historical Society of the District of
Columbia Circuit presents:
June 18, 2013
4:30 p.m.
Ceremonial Courtroom, 6th Floor
E. Barrett Prettyman U.S. Courthouse
3rd & Constitution Avenue, N.W.
Washington, D.C.
The Historical Society of the D.C. Circuit
www.dcchs.org
Stephen J. Pollak, President
William A. Schreiner, Jr., Treasurer
Elizabeth H. Paret, Secretary
Linda J. Ferren, Executive Director
Doris Brown, Administrative Assistant
Maeva Marcus, HistorianOfficers
Justice Ruth Bader Ginsburg, Honorary Chair
Johnine P. Barnes
Judge John D. Bates
Elizabeth E. Beske
Kali N. Bracey
Francis D. Carter
James W. Cooper
Daniel R. Ernst
Judith S. Feigin
Fred F. Fielding
Noel J. Francisco
Chief Judge Merrick B. Garland
Kurt Hamrock
Carmen D. Hernandez
Judge Beryl A. Howell
Judge Ellen Segal Huvelle
James H. Johnston
George W. Jones, Jr.
Judge Brett M. Kavanaugh
Geoffrey M. Klineberg
Chief Judge Royce C. Lamberth
Douglas N. Letter
Lorelie S. Masters
Brian R. Matsui
Robin J. Meriweather
Laura A. Miller
Stephen J. Pollak
Board of Directors
Benefactors
Boies, Schiller & Flexner, llp • Gibson Dunn & Crutcher llp • Hogan Lovells US llp •
Sidley Austin Foundation • Skadden, Arps, Slate, Meager & Flom llp • Zuckerman Spaeder llp
PartnersArnold & Porter llp • Baker Botts llp • Covington & Burling llp • Crowell & Moring llp •
Jones Day • Kellogg, Huber, Hansen, Todd, Evans & Figel, pllc • The Morrison & Foerster
Foundation • Wilmer Hale llp
FriendsGoodwin Procter llp • K&L Gates llp • Morgan, Lewis & Bockius llp • Nixon Peabody llp •
Steptoe & Johnson llp • Williams & Connolly llp • Wiltshire & Grannis llp
Law Firm Members
With special appreciation to the U.S. District Court for the District of Columbia, the U.S.
Court of Appeals for the District of Columbia Circuit, and our individual members for their
continuing support of the Society.
The Historical Society of the D.C. Circuit is a 501(c)(3)
non-profit organization independent of the Courts.
Jeannie S. Rhee
Hon. James Robertson
James E. Rocap III
Earl J. Silbert
Steven A. Steinbach
Catherine E. Stetson
Daun Van Ee
Kenneth L. Wainstein
Alexandra Walsh
Judge Reggie B. Walton
Christopher J. Wright
Lisa B. Wright
Women in the Life and Law
of the District of Columbia
Circuit Courts
The Society is marking its 30th Anniversary as it celebrates:
• Its15th annual Mock Court Program for District of Columbia high school students who argue cases before federal judges to develop advocacy skills and learn about the federal courts and the rule of law
• Publication on its website, www.dcchs.org, of the 100th oral history of judges, attorneys, and others who have played key roles in the Courts of the D.C. Circuit
• Presentation on the website of over 40 articles introducing judges and others who have given their oral histories
• Sponsorship of Judge Patricia M. Wald Programs on historic cases litigated in the D.C. Circuit Courts, including:
“In the Case of Statutory Ambiguity, Who Decides? – Chevron Revisited,” exploring the legacy of Chevron and the current status of the Chevron Doctrine
A survey of the scope and viability of the political question doctrine today in “From Goldwater to Zivotofsky”
A program, temporarily delayed by COVID-19, on the D.C. Circuit’s 2001 en banc antitrust decision in United States v. Microsoft Corp., featuring a reenactment of the argument and a panel discussion of what it is that causes activity of a successful technology firm to cross the line and become a violation of Section 2 of the Sherman Act
The Historical Society of the District of Columbia Circuit presents:
Ceremonial Courtroom, 6th FloorE. Barrett Prettyman U.S. Courthouse3rd & Constitution Avenue, N.W.Washington, DC
The Historical Society of the D.C. Circuitwww.dcchs.orgStephen J. Pollak, President Jason M. Knott, Treasurer Eva Petko Esber, SecretaryLinda J. Ferren, Executive DirectorDavid McCarthy, Administrative Associate Daniel R. Ernst, HistorianMaeva Marcus, Historian
Officers
Jodi L. AvergunElizabeth E. BeskeFrancis D. CarterJudge Tanya S. ChutkanWilliam S. ConsovoyJohn F. Cooney
Viet D. DinhJohn P. ElwoodEva Petko EsberAndrea Ferster
Meredith FuchsJudge Thomas B. GriffithKurt J. Hamrock
Marc A. HearronCornish HitchcockChief Judge Beryl A. HowellJudge Ketanji Brown JacksonAmy JeffressWilliam H. Jeffress, Jr.Judge Colleen Kollar-KotellyEsther H. Lim
Adam LiptakMagistrate Judge Robin M. Meriweather
Judge Patricia A. MillettStephen J. Pollak
Board of Directors
BenefactorsBoies Schiller Flexner llp • Gibson, Dunn & Crutcher llp • Hogan Lovells US llp • The
Sidley Austin Foundation • Skadden, Arps, Slate, Meagher & Flom llp • Venable Foundation •
Vinson & Elkins llp
PartnersArnold & Porter Kaye Scholer llp • Baker Botts llp • Covington & Burling llp • Crowell &
Moring llp • Goodwin Procter llp • Jones Day • Kellogg, Hansen, Todd, Figel & Frederick
pllc • Morrison & Foerster llp • WilmerHale • Zuckerman Spaeder llpFriendsCadwalader, Wickersham & Taft llp • Harris, Wiltshire & Grannis llp • K&L Gates llp
* Morgan, Lewis & Bockius llp • Steptoe & Johnson llp • Wiley Rein llp • Williams &
Connolly llp
Law Firm Members
With special appreciation to the U.S. District Court for the District of Columbia, the U.S.
Court of Appeals for the District of Columbia Circuit, and our individual members for their
continuing support of the Society.
The Historical Society of the D.C. Circuit is a 501(c)(3) non-profit organization independent of the Courts.
Jeannie S. RheeWilliam B. SchultzParas N. Shah
Steven A. SteinbachKaren L. StevensStuart S. Taylor, Jr.K. Chris ToddKate Comerford ToddHelgi C. WalkerBetsy K. WangerElizabeth W. Wilkins
From Goldwater to Zivotofsky– The Political Question Doctrine in the D.C. Circuit
March 7, 2018 4:30 p.m.
Justice Ruth Bader Ginsburg, Honorary Chair
Visit the Society’s website, optimized for mobile and desktop devices, to view:
• A timeline beginning in 1800 that highlights decades of history of the D.C. Circuit Courts, judges, and others as well as events of importance
• Portraits of judges who have served on the U.S. Court of Appeals for the D.C. Circuit and the U.S. District Court for the District of Columbia
• Exhibits on display in the Courthouse and online highlighting major cases heard by the Courts of the Circuit
• Videos of programs and reenactments of significant D.C. Circuit cases presented by the Society
• An archive of more than 40 newsletters published quarterly by the Society starting in 2009 and reporting on events and personalities from the Courts’ history as well as current activities of the Society
Visit us at www.dcchs.org
The Society is supported by the U.S. Court of Appeals for the D.C. Circuit, the U.S. District Court for the District of Columbia, individuals, and the following law firms and foundation:
Benefactors
Arnold & Porter Kaye Scholer llp
Boies Schiller Flexner llp
Gibson, Dunn & Crutcher llp
Hogan Lovells llp
The Sidley Austin FoundationSkadden, Arps, Slate, Meagher & Flom llp
Partners
Baker Botts llp
Covington & Burling llp
Crowell & Moring llp
Goodwin Procter llp
Kellogg, Hansen, Todd, Figel & Frederick pllc
Morrison & Foerster llp
Wilmer Hale llp
Zuckerman Spaeder llp
Friends
Harris, Wiltshire & Grannis llp
Morgan, Lewis & Bockius llp
O’Melveny & Myers llp
Steptoe & Johnson llp
Williams & Connolly llp
Created amidst the controversy over President John
Adams’s appointment of the so-called “Midnight Judges,”
the Courts of the District of Columbia Circuit have been
transformed and transformative over the two centuries
of their existence.
The History of the Courtsof the D.C. Circuit
c o u r t s o f t h e d i s t r i c t o f c o l u m b i a c i r c u i t
The CreationOne year after Congress moved to Washington, D.C., the Federalist-controlled
Congress passed—and President John Adams signed—the Judiciary Act of 1801.
The Act reformed the federal judiciary and created the predecessors to today’s
Courts of the District of Columbia Circuit.
Because of the peculiar nature of the District of Columbia—the seat of the
federal government, not a State, yet needing all of the services traditionally
provided by state governments—Congress has repeatedly reorganized the D.C.
courts, reallocating jurisdiction for federal and local matters between the various
courts, sometimes unifying the courts, sometimes dividing them.
The Earliest JudgesThe first three judges appointed were William Cranch, Thomas Johnson (who
refused to serve), and James Marshall (brother of Chief Justice John Marshall), in
1801. Buckner Thruston, a former U.S. Senator, was appointed in 1809, and James
Morsell joined in 1815. Cranch, Thruston, and Morsell sat together from 1815 until
Cranch’s retirement in 1855. The three served for a combined 108 years. Cranch
alone served for 54, including 49 as Chief Judge.
The CourthousesAlthough the D.C. Circuit was created in 1801, it had no permanent home until the
1820s. The judges held court in taverns, hotels, homes, and, when they could, in
the Supreme Court chamber in the Capitol. In the 1820s, the courts moved to City
Hall, which housed both the courts and city officials. The courts remained there
until 1952, when what is now the E. Barrett Prettyman United States Courthouse
was opened. President Truman boasted that this courthouse would be one of the
“biggest and finest” in the Nation.
The federal courts have been organized as follows:
Trial Court
1801–1863 District Court of the District of Columbia
1838–1863 Criminal Court of the District of Columbia
1863–1936 Supreme Court of the District of Columbia
1936–1948 District Court of the United States for the District of Columbia
1948– U.S. District Court for the District of Columbia
Court of Appeals
1801–1863 Circuit Court of the District of Columbia
1863–1893 Supreme Court of the District of Columbia
1893–1934 Court of Appeals of the District of Columbia
1934–1942 U.S. Court of Appeals for the District of Columbia
1942– U.S. Court of Appeals for the District of Columbia Circuit
Congress establishes the Circuit Court of the District of Columbia. The Chief Judge also sits as the District Court of the District of Columbia. The Circuit Court has appellate jurisdiction over the judgments of the District Court. Also, the Circuit Court has original jurisdiction over criminal law matters. Because there is no courthouse, the Circuit Court sits in a variety of locations—everywhere from a room in the Capitol to various taverns—as it hears cases in the three towns then within the District of Columbia: Washington, Georgetown, and Alexandria.
Cornerstone laid for Old City Hall, the first permanent home of the District of Columbia Courts, at 451 D St. N.W.
Congress establishes a separate Criminal Court.
Congress abolishes the Circuit, District, and Criminal Courts. It replaces all three with the Supreme Court of the District of Columbia.
Congress establishes the Court of Appeals of the District of Columbia, which has appellate jurisdiction over the judgments of the Supreme Court of the District of Columbia.
The local Justices of the Peace are officially recognized as an inferior court in the District of Columbia.
The Justices of the Peace are reorganized as the Municipal Court of the District of Columbia.
Cornerstone laid for a new courthouse, at 450 E St. N.W., to house the Court of Appeals. It currently is the home of the U.S. Court of Appeals for the Armed Forces.
The U.S. Supreme Court recognizes that the Court of Appeals is an Article III court. FTC v. Klesner, 274 U.S. 145.
The U.S. Supreme Court recognizes that the District of Columbia Courts are analogous to the federal circuit courts of appeals and district courts. O’Donoghue v. United States, 289 U.S. 516.
The Court of Appeals is renamed the “United States Court of Appeals for the District of Columbia.”
The Supreme Court of the District of Columbia is renamed the “District Court of the United States for the District of Columbia.”
Congress gives the District of Columbia Courts representation on the Judicial Conference of the United States.
The U.S. Court of Appeals for the District of Columbia is renamed the “United States Court of Appeals for the District of Columbia Circuit.”
The District Court of the United States for the District of Columbia is renamed the “United States District Court for the District of Columbia.”
Cornerstone laid for what is now the E. Barrett Prettyman U.S. Courthouse.
William B. Bryant Annex opens.
1801
1820
1838
1863
1893
1901
1909
1910
1927
1933
1934
1936
1937
1942
1948
1950
2005
Before Congress provided a permanent courthouse, judges held court in a variety of unorthodox locations, including taverns.
Old City Hall served as a home of the courts of the District of Columbia Circuit from the 1820s until the 1950s.
President Harry Truman lays the cornerstone for the U.S. Courthouse on June 27, 1950.
The William B. Bryant Annex.
The U.S. Court of Appeals for the District of Columbia (ca. 1939)Standing:Judge Henry Edgerton*, Judge Fred Vinson, Judge Wiley RutledgeSeated:Judge Harold Stephens*, Chief Judge D. Lawrence Groner, Judge Justin Miller(*would later serve as Chief Judge)
The original four justices of the Supreme Court of the District of Columbia.Left to Right:Justice Andrew Wylie, Chief Justice David Cartter, Justice Abram Olin, and Justice George Fisher.
Chief Judge William CranchCircuit Court of the District of Columbia1801–1855(Chief 1806–1855)
Chief Judge James DunlopCircuit Court of the District of Columbia1845–1863(Chief 1855–1863)
Chief Justice David CartterSupreme Court of the District of Columbia1863–1887
Outstanding Mock Court Advocate, Leah Hornsby, School Without Walls, with Chief Judge Beryl A. Howell
Three brochures of prior Historical Society programs that can be viewed in their entirety on the Society’s website
The Society sponsoreda definitive history ofthe D.C. Circuit, Calmlyto Poise the Scales ofJustice: A History of theCourts of the Districtof Columbia Circuit.To purchase a copy,go to dcchs.org/publications. Brochure design contributed by Goodwin Procter LLP
The Historical Society of the District of Columbia Circuit presents:
Ceremonial Courtroom, 6th FloorE. Barrett Prettyman U.S. Courthouse
3rd & Constitution Avenue, N.W.Washington, D.C.
The Historical Society of the D.C. Circuitwww.dcchs.org
Stephen J. Pollak, President Jason M. Knott, Treasurer Patricia Michalowski, Secretary
Linda J. Ferren, Executive DirectorDavid McCarthy, Administrative AssistantMaeva Marcus, Historian
Officers
Justice Ruth Bader Ginsburg, Honorary Chair
Johnine P. BarnesElizabeth E. BeskeFrancis D. CarterJames W. CooperDaniel R. ErnstJudith S. FeiginNoel J. FranciscoMeredith FuchsKurt J. HamrockCarmen D. HernandezJudge Beryl A. HowellJudge Ellen Segal HuvelleJudge Ketanji Brown Jackson
Amy JeffressJames H. JohnstonGeorge W. Jones, Jr.Judge Brett M. KavanaughGeoffrey M. KlinebergJudge Colleen Kollar-KotellyLorelie S. MastersBrian R. MatsuiRobin M. MeriweatherJudge Patricia MillettStephen J. PollakJeannie S. RheeChief Judge Richard W. Roberts
Board of Directors
BenefactorsBoies, Schiller & Flexner, llp • Gibson Dunn & Crutcher llp • Hogan Lovells US llp • Sidley Austin llp • Skadden, Arps, Slate, Meager & Flom llp
PartnersBaker Botts llp • Covington & Burling llp • Crowell & Moring llp • Goodwin Procter llp • Jones Day • Kellogg, Huber, Hansen, Todd, Evans & Figel, pllc • Morrison & Foerster llp • Wilmer Hale llp • Zuckerman Spaeder llp
FriendsArnold & Porter llp • Harris, Wiltshire & Grannis llp • K&L Gates llp • Morgan, Lewis & Bockius llp • Steptoe & Johnson llp • Wiley Rein llp • Williams & Connolly llp
Law Firm Members
With special appreciation to the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the District of Columbia Circuit, and our individual members for their continuing support of the Society.
The Historical Society of the D.C. Circuit is a 501(c)(3) non-profit organization independent of the Courts.
James E. Rocap IIIParas N. ShahEarl J. SilbertSteven A. SteinbachStuart S. Taylor, Jr.K. Chris ToddDaun Van EeKenneth L. WainsteinHelgi C. WalkerAlexandra Walsh
Separation of Powers and the Independent Counsel:
Morrison v. Olson Revisited
October 28, 20154:30 p.m.