The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Which Circuit Has Justice Ketanji Brown Jackson Been Assigned to?
Each of the 13 federal circuit courts of appeals gets a Justice assigned to it, mainly to handle one-Justice applications (for stays, extensions of time, and the like) coming from that Circuit.
They are often given to Justices based on their connections to the circuit. Several Justices have the circuits on which they hard served: Roberts (D.C.), Sotomayor (2d), Alito (3d), Barrett (7th), Gorsuch (10th). Justice Thomas has the 11th, presumably because he's from Georgia. Naturally, some Justices have to double up (and Chief Justice Roberts is quadrupling up, though three of his circuits are the ones with the smallest caseloads).
Which was Justice Jackson assigned to, under yesterday's order? The answer seems to be the same for all recent freshly appointed Justices, except for Justice Alito.
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
I already knew the answer, but the question contains enough information to deduce it with no prior information.
One where being able to ascertain XX from XY isn't at issue I hope.
So, Atlantis.
That order list was prepared before she was sworn in. It removes Breyer. KJB was not assigned a circuit, because she wasn't sworn in. She will be assigned one, I am supposing, in Sept.
Why wait for September? Emergency applications can be brought at any time, beginning yesterday. She is hardly unqualified to deal with such, having been dealing with them for years now.
They will likely wait until they all meet. It was the same when Kennedy retired: a misc order 8/1 removing him. On Oct 19, 2018, They rearranged and added Kavanaugh (He was sworn in Oct 6th, so there was a 2 week delay).
Actually riding circuit for a few months might stiffen the sinews of the posse currently holding commissions at One First Street. Perhaps in a VW bus with an 8-track and CB. Oyez and Terminer, stopping in the evenings for dinners with the local bench and bar, and upholding Marshall's tradition of nightly bumpers of sweetened red.
Mr. D.
Wouldn't she get the circuit that the Justice she is replacing was assigned to?
Because that is determined by precedence, which for the associate justices means seniority. KBJ doesn't get Breyer's circuit assignments any more than she gets his office at 1 1st. More senior justices get first choice.
I don't the the office choice is relevant.
All the senior justices are already assigned a circuit or circuits. Unless you want to re-arrange the circuit assignments for the entire court just to accommodate one new justice, only Breyer's circuit(s) are available.
MatthewSlyfield: Such rearranging isn't the end of the world from the Court's perspective, especially since you don't have to rearrange everything. For instance, after Justice Ginsburg's death and Justice Barrett's appointment, Justice Sotomayor got the Second Circuit (which Ginsburg, as a fellow New Yorker, had had); Justice Gorsuch got the Tenth (his old circuit) from Sotomayor; Justice Kavanaugh got the Sixth from Sotomayor and the Eighth from Gorsuch; and Justice Barrett got the Seventh (her old circuit) from Kavanaugh. I assume everyone was fine with it, and some were affirmatively pleased, because they had ended up with what they see as their "home circuit."
By the way, this is a comparison of the Nov. 20, 2020 allotment order and the Oct. 19, 2018 allotment order. I don't know if there was an intervening allotment order after Justice Ginsburg's death on Sept. 18, 2020, but I couldn't find one on Westlaw.