SUPPORT THE MISSION OF THE HISTORICAL SOCIETY TO RECORD, PRESERVE AND PUBLICIZE THE LIFE AND HISTORY OF THE COURTS OF THE DISTRICT OF COLUMBIA CIRCUIT

Annual individual membership fees: Academic $35 OFFICERS Contributing $50 Sustaining $100 Stephen J. Pollak – Chair Sponsoring $500 James E. Rocap, III – President E. Barrett Prettyman U.S. Courthouse Patron $1,000 or more Ezra B. Marcus – Treasurer and William B. Bryant Annex Eva Petko Esber – Secretary Photo Courtesy of Michelle Ryan Annual law firm and corporate membership fees: Daniel R. Ernst – Historian Maeva Marcus – Historian Friend $1,500 Historical Society Partner $3,000 BOARD OF DIRECTORS Benefactor $5,000 of the , Honorary Chair District of Columbia Jodi L. Avergun Caroline D. Krass Circuit To join, visit our website at dcchs.org/join, Beth S. Brinkmann Sara Kropf complete the online membership form and submit. Mary Patrice Brown Richard J. Leon Tanya S. Chutkan Jessie K. Liu Alternatively, make your check payable to John F. Cooney William F. Marmon Laying the cornerstone of the Prettyman Historical Society of the D.C. Circuit Jan Crawford Patricia A. Millett Courthouse in 1952, President Truman and mail it to John P. Elwood Randolph D. Moss recognized the significance of the Courts of Eva Petko Esber Channing D. Phillips Historical Society of the D.C. Circuit Roger A. Fairfax, Jr. Stephen J. Pollak this Circuit: “These courts hear cases which E. Barrett Prettyman U.S. Courthouse Andrea Ferster James E. Rocap, III 333 Constitution Avenue, N.W., Room 4714 are not only important to the private parties Washington, DC 20001 Meredith Fuchs Addy R. Schmitt John Vincent Geise William B. Schultz concerned, but which involve issues vital Beryl A. Howell Steven A. Steinbach to the welfare and growth of the Nation. Please include your name and street and Ketanji Brown Jackson Karen L. Stevens Nowhere else, outside the Supreme email addresses. Amy Jeffress Stuart S. Taylor, Jr. Court of the United States, will so many Questions or comments? Phone us at William H. Jeffress, Jr. K. Chris Todd 202.216.7346 or email us at Gregory G. Katsas Helgi C. Walker legal questions of national magnitude be Peter D. Keisler Betsy K. Wanger [email protected]. decided as in this building before us.” Kevin King

The Historical Society is a 501(c)(3) nonprofit Linda J. Ferren, Executive Director Look for us at www.dcchs.org or at organization independent of the Courts. David W. McCarthy, Administrator www.facebook.com/CircuitHistory The Society is marking its 30th Anniversary as it celebrates: Visit the Society’s website, optimized for mobile and desktop • Its15th annual Mock Court Program for District of Columbia high school students who argue devices, to view: cases before federal judges to develop advocacy • A timeline beginning in 1800 that skills and learn about the federal courts and highlights decades of history of the the rule of law D.C. Circuit Courts, judges, and others • Publication on its website, www.dcchs.org, of as well as events of importance the 100th oral history of judges, attorneys, and Outstanding Mock Court Advocate, Leah Hornsby, others who have played key roles in the Courts • Portraits of judges who have served on School Without Walls, with Chief Judge Beryl A. Howell of the D.C. Circuit the U.S. Court of Appeals for the D.C. • Presentation on the website of over 40 articles Circuit and the U.S. District Court for The Society is supported by the U.S. Court of introducing judges and others who have given the District of Columbia Appeals for the D.C. Circuit, the U.S. District their oral histories courts of the district of columbia circuit • Exhibits on display The History of the Courts Court for the District of Columbia, individuals, • Sponsorship of Judge Patricia M. Wald Programs in the Courthouse of the D.C. Circuit and the following law firms and foundation: Created amidst the controversy over President John 1801 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 Adams’s appointment of the so-called “Midnight Judges,” 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 the Courts of the District of Columbia Circuit have been District of Columbia: Washington, Georgetown, and Alexandria.

1820 Cornerstone laid for Old City Hall, the first permanent home of the transformed and transformative over the two centuries District of Columbia Courts, at 451 D St. N.W. on historic cases litigated in the D.C. Circuit 1838 Congress establishes a separate Criminal Court.

and online 1863 Congress abolishes the Circuit, District, and Criminal Courts. It replaces of their existence. all three with the Supreme Court of the District of Columbia.

1893 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.

1901 The local Justices of the Peace are officially recognized as an inferior court in the District of Columbia.

1909 The Justices of the Peace are reorganized as the Municipal Court of the The Creation District of Columbia. One year after Congress moved to Washington, D.C., the Federalist-controlled The federal courts have been organized as follows: 1910 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 Congress passed—and President John Adams signed—the Judiciary Act of 1801. Trial Court Courts, including: for the Armed Forces. 1801–1863 District Court of the District of Columbia The Act reformed the federal judiciary and created the predecessors to today’s Benefactors 1838–1863 Criminal Court of the District of Columbia 1927 The U.S. Supreme Court recognizes that the Court of Appeals is an highlighting major Courts of the District of Columbia Circuit. 1863–1936 Supreme Court of the District of Columbia Article III court. FTC v. Klesner, 274 U.S. 145. 1936–1948 District Court of the United States for the District of Columbia 1933 The U.S. Supreme Court recognizes that the District of Columbia Courts Because of the peculiar nature of the District of Columbia—the seat of the 1948– U.S. District Court for the District of Columbia are analogous to the federal circuit courts of appeals and district Court of Appeals courts. O’Donoghue v. United States, 289 U.S. 516. federal government, not a State, yet needing all of the services traditionally 1801–1863 Circuit Court of the District of Columbia 1934 The Court of Appeals is renamed the “United States Court of Appeals for provided by state governments—Congress has repeatedly reorganized the D.C. 1863–1893 Supreme Court of the District of Columbia the District of Columbia.” courts, reallocating jurisdiction for federal and local matters between the various 1893–1934 Court of Appeals of the District of Columbia 1934–1942 U.S. Court of Appeals for the District of Columbia 1936 The Supreme Court of the District of Columbia is renamed the “District courts, sometimes unifying the courts, sometimes dividing them. Court of the United States for the District of Columbia.” 1942– U.S. Court of Appeals for the District of Columbia Circuit 1937 Congress gives the District of Columbia Courts representation on the Judicial Conference of the United States.

The Earliest Judges 1942 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 first three judges appointed were William Cranch, Thomas Johnson (who cases heard by the refused to serve), and James Marshall (brother of Chief Justice John Marshall), in 1948 The District Court of the United States for the District of Columbia is renamed the “United States District Court for the District of Columbia.” 1801. Buckner Thruston, a former U.S. Senator, was appointed in 1809, and James “In the Case of Statutory Ambiguity, Who 1950 Cornerstone laid for what is now the E. Barrett Prettyman U.S. Courthouse. Morsell joined in 1815. Cranch, Thruston, and Morsell sat together from 1815 until llp 2005 William B. Bryant Annex opens. Arnold & Porter Kaye Scholer Cranch’s retirement in 1855. The three served for a combined 108 years. Cranch alone served for 54, including 49 as Chief Judge.

Chief Judge Chief Judge Chief Justice William Cranch James Dunlop David Cartter The Courthouses Circuit Court of the Circuit Court of the Supreme Court of the District of Columbia District of Columbia District of Columbia Although the D.C. Circuit was created in 1801, it had no permanent home until the 1801–1855 1845–1863 1863–1887 1820s. The judges held court in taverns, hotels, homes, and, when they could, in (Chief 1806–1855) (Chief 1855–1863) Courts of the Circuit 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 The original four justices of the The U.S. Court of Appeals for the District Supreme Court of the District of of Columbia (ca. 1939) Decides? – Chevron Revisited,” exploring the until 1952, when what is now the E. Barrett Prettyman United States Courthouse Columbia. Standing: was opened. President Truman boasted that this courthouse would be one of the Left to Right: Judge Henry Edgerton*, Judge Fred Justice Andrew Wylie, Chief Justice Vinson, Judge Wiley Rutledge llp “biggest and finest” in the Nation. David Cartter, Justice Abram Olin, Seated: Boies Schiller Flexner and Justice George Fisher. Judge Harold Stephens*, Chief Judge D. Lawrence Groner, Judge Justin Miller (*would later serve as Chief Judge)

Before Congress provided a permanent courthouse, judges held court Old City Hall served as a home of the courts of the District of Columbia President Harry Truman lays the cornerstone for the U.S. Courthouse The William B. Bryant Annex. legacy of Chevron and the current status of the in a variety of unorthodox locations, including taverns. Circuit from the 1820s until the 1950s. on June 27, 1950. Gibson, Dunn & Crutcher llp Chevron Doctrine • Videos of programs and reenactments of Hogan Lovells llp A survey of the scope and viability of the political significant D.C. Circuit The Sidley Austin Foundation question doctrine today in “From Goldwater cases presented by the Society Skadden, Arps, Slate, Meagher & Flom llp to Zivotofsky” A program, temporarily delayed by COVID-19, on • An archive of more than 40 newsletters Partners the D.C. Circuit’s 2001 en banc antitrust decision published quarterly by the Society Baker Botts llp in United States v. Microsoft Corp., featuring a starting in 2009 and reporting on Covington & Burling llp reenactment of the argument and a panel discussion events and personalities from the Crowell & Moring llp of what it is that causes activity of a successful Courts’ history as well as current Goodwin Procter llp technology firm to cross the line and become a activities of the Society Kellogg, Hansen, Todd, Figel & Frederick pllc violation of Section 2 of the Sherman Act Morrison & Foerster llp The Historical Society of the D.C. Circuit Visit us at www.dcchs.org Officers www.dcchs.org The Historical Society of the D.C. Circuit Stephen J. Pollak, President Jason M. Knott, Treasurer www.dcchs.org The Historical Society of the DistrictLinda of J. Ferren, Executive Director The Historical Society of the District of Eva Petko Esber, Secretary llp Columbia Circuit presents: David McCarthy, Administrative Associate Wilmer Hale Columbia Circuit presents: Officers Daniel R. Ernst, Historian The Historical Society of the District of Board of Directors Maeva Marcus, Historian ColumbiaStephen J. Pollak, Circuit President presents: Linda J. Ferren, Executive Director The Historical Society of the D.C. Circuit Jason M. Knott, Treasurer David McCarthy, Administrative Assistant Justice Ruth Bader Ginsburg, Honorary Chair www.dcchs.org Patricia Michalowski, Secretary Maeva Marcus, Historian SeparationJodi L. Avergun of Powers and the From Elizabeth E. Beske Marc A. Hearron Goldwater Zuckerman Spaeder llp Board of Directors Francis D. Carter Cornish Hitchcock Jeannie S. Rhee to Zivotofsky Officers Linda J. Ferren, Executive Director Judge Tanya S. Chutkan Chief Judge Beryl A. Howell Doris Brown, Administrative Assistant JusticeWomen Ruth Bader Ginsburg, in theHonorary ChairLife and Law Independent Counsel:William B. Schultz – The Political Question William S. Consovoy Stephen J. Pollak, President Maeva Marcus, Historian Judge Ketanji Brown Jackson Paras N. Shah William A. Schreiner, Jr., Treasurer Johnineof P.the Barnes DistrictAmy Jeffressof ColumbiaJames E. Rocap III John F. Cooney Amy Jeffress Steven A. Steinbach Doctrine in the D.C. Circuit Viet MorrisonD. Dinh v. Olson Revisited The Society sponsored Elizabeth H. Paret, Secretary Elizabeth E. Beske James H. Johnston Paras N. Shah William H. Jeffress, Jr. Karen L. Stevens CourtsGeorge W. Jones, Jr. Earl J. Silbert John P. Elwood Judge Colleen Kollar-Kotelly FrancisCircuit D. Carter Stuart S. Taylor, Jr. Board of Directors James W. Cooper Judge Brett M. Kavanaugh Steven A. Steinbach Eva Petko Esber Esther H. Lim K. Chris Todd Jeannie S. Rhee Daniel R. Ernst Geoffrey M. Klineberg Stuart S. Taylor, Jr. Andrea Ferster Adam Liptak Justice Ruth Bader Ginsburg, Honorary Chair Kate Comerford Todd Judge Beryl A. Howell Hon. James Robertson Judith S. Feigin Judge Colleen Kollar-Kotelly K. Chris Todd Meredith Fuchs Magistrate Judge Robin M. Helgi C. Walker James E. Rocap III Noel J. Francisco Lorelie S. Masters Daun Van Ee Judge Thomas B. Griffith Meriweather Johnine P. Barnes Judge Ellen Segal Huvelle Betsy K. Wanger a definitive history of Brian R. Matsui Kenneth L. Wainstein Kurt J. Hamrock Judge Patricia A. Millett Friends Earl J. Silbert Judge John D. Bates James H. Johnston Meredith Fuchs Elizabeth W. Wilkins Steven A. Steinbach Robin M. Meriweather Helgi C. Walker Stephen J. Pollak Elizabeth E. Beske George W. Jones, Jr. Kurt J. Hamrock Catherine E. Stetson Judge Alexandra Walsh Law Firm Members Kali N. Bracey Judge Brett M. Kavanaugh Carmen D. Hernandez Daun Van Ee Stephen J. Pollak Francis D. Carter Geoffrey M. Klineberg Judge Beryl A. Howell Benefactors Kenneth L. Wainstein Jeannie S. Rhee James W. Cooper Chief Judge Royce C. Lamberth Judge Ellen Segal Huvelle Boies Schiller Flexner Chief Judge Richard W. Roberts llp the D.C. Circuit, Calmly Alexandra Walsh Daniel R. Ernst Douglas N. Letter Judge Ketanji Brown Jackson Sidley Austin Foundation • • Skadden, Gibson, Dunn Arps, & Slate, Crutcher Meagher & Flom Judge Reggie B. Walton llp Judith S. Feigin Lorelie S. Masters Vinson & Elkins • Hogan Lovells US Brian R. Matsui Christopher J. Wright llp llp • The Fred F. Fielding Law Firm Members llp • Venable Foundation • Harris, Wiltshire & Grannis llp Lisa B. Wright Noel J. Francisco Robin J. Meriweather Partners Benefactors Chief Judge Merrick B. Garland Laura A. Miller Arnold & Porter Kaye Scholer Stephen J. Pollak Boies, Schiller & Flexner, llp • Gibson Dunn & Crutcher llp • Hogan Lovells US llp • Moring llp Kurt Hamrock llp • Goodwin Procter • Baker Botts to Poise the Scales of Sidley Austin llp • Skadden, Arps, Slate, Meager & Flom llp llp • Covington & Burling Carmen D. Hernandez pllc • Morrison & Foerster llp • Jones Day • Kellogg, Hansen, Todd, Figel & Frederick llp • Crowell & llp • WilmerHale • Zuckerman Spaeder • Partners Friends llp llp Law Firm Members • Hogan Lovells US llp Baker Botts llp • Covington & Burling llp • Crowell & Moring llp • Goodwin Procter llp • Morgan, Lewis & Bockius Cadwalader, Wickersham & Taft Benefactors • Gibson Dunn & Crutcher llp llp • Zuckerman Spaeder llp Jones Day • Kellogg, Huber, Hansen, Todd, Evans & Figel, pllc • Morrison & Foerster llp • * Morgan, Lewis & Bockius llp • Harris, Wiltshire & Grannis Boies, Schiller & Flexner, llp Wilmer Hale llp • Zuckerman Spaeder llp llp Justice: A History of the Connolly • Steptoe & Johnson llp llp • K&L Gates Sidley Austin Foundation • Skadden, Arps, Slate, Meager & Flom • llp • Wiley Rein llp • Crowell & Moring llp Friends With special appreciation to the U.S. District Court for the District of OctoberColumbia,llp • Williams the28, U.S. & 2015 • Covington & Burling llp • The Morrison & Foerster June 18, 2013 Court of Appeals for the District of Columbia Circuit, and our individual members for their Partners • Baker Botts llp Arnold & Porter llp • Harris, Wiltshire & Grannis llp • K&L Gates llp • Morgan, Lewis & 4:30 p.m. llp Arnold & Porter llp Bockius llp • Steptoe & Johnson llp • Wiley Rein llp • Williams & Connolly4:30 llp p.m. continuing support of the Society. O’Melveny & Myers March 7, 2018 Jones Day • Kellogg, Huber, Hansen, Todd, Evans & Figel, pllc Courts of the District Foundation • Wilmer Hale llp • With special appreciation to the U.S. District Court for the District of Columbia, the U.S. 4:30 p.m. • Nixon Peabody llp Court of Appeals for the District of Columbia Circuit, and our individual members for their The Historical Society of the D.C. CircuitCeremonial is a 501(c)(3) Courtroom, 6th Floor • Morgan, Lewis & Bockius llp Ceremonial Courtroom, 6th Floor Friends • K&L Gates llp • Wiltshire & Grannis llp continuing support of the Society. non-profit organization independentE. Barrett of thePrettyman Courts. U.S. Courthouse Ceremonial Courtroom, 6th Floor Goodwin Procter llp • Williams & Connolly llp E. Barrett Prettyman U.S. Courthouse 3rd & Constitution Avenue, N.W. E. Barrett Prettyman U.S. Courthouse llp Steptoe & Johnson llp The Historical Society of the D.C. Circuit is a 501(c)(3) Steptoe & Johnson 3rd & Constitution Avenue, N.W. Washington, D.C. non-profit organization independent of the Courts.Washington, D.C. 3rd & Constitution Avenue, N.W. of Columbia Circuit. With special appreciation to the U.S. District Court for the District of Columbia, the U.S. Washington, DC 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) Williams & Connolly llp non-profit organization independent of the Courts. To purchase a copy, Three brochures of prior Historical Society programs that go to dcchs.org/ can be viewed in their entirety on the Society’s website publications. Brochure design contributed by Goodwin Procter LLP