Do you remember when Juliet asks aloud, "What's in a name?" Clearly she was talking about the DC Circuit's many stylings over the years... (mini ⚖️🧵, 1/x)
In 1801 we see the creation of the Circuit Court for the District of Columbia, thanks to the District of Columbia Organic Act of 1801. (Since we are talking about names, I have to confess that I love the name of that Act.) (2/x)
Now quick frolic – (I promise it will be fun) – the first three judges appointed to that court were Thomas Johnson (who refused to serve – the nerve!), James Marshall (brother of everyone’s favorite Chief Justice) and William Cranch (Supreme Court Reporter extraordinaire)! (3/x)
Now back to the DC Circuit, or what have you . . . in 1863 Congress abolished the circuit court (!) and established a new court, the Supreme Court of the District of Columbia. (4/x)
Then in 1893, Congress created a court styled the Court of Appeals of the District of Columbia. Notice that “Circuit” is nowhere in its title. (In 1922, though, the Supreme Court, in a case called Swift & Co. stated that this court *was* a U.S. circuit court of appeals.) (5/x)
In 1934, It was renamed the United States Court of Appeals for the District of Columbia. And in 1948, it was renamed – again – this time to the United States Court of Appeals for the District of Columbia *Circuit.* (6/x)
But of course, today, we affectionately refer to it by its nickname, the DC Circuit. And once again, all's well that ends well with judicial administration history.
And for anyone who now can't get enough of judicial administration history and the DC Circuit, I commend to you this charming essay on the subject, by none other than Chief Justice Roberts: virginialawreview.org/sites/virginia…
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I appreciate that the Republicans are now trying to emphasize that filling vacancies does not equal "court packing" - but they were not always so careful with words. Back in 2013, this is precisely what some accused President Obama of doing when he filled 3 DC Circuit vacancies.
159 CONG. REC. 16,594 (2013) (statement of @JohnCornyn) (“I think the evidence is overwhelming that what the President is trying to do by nominating these unneeded judges to [the D.C. Circuit], the second most powerful court in the Nation, is he is trying to pack the court...").
@LindseyGrahamSC also referred to filling the D.C. Circuit seats as "court packing," later saying that he told Harry Reid and President Obama that "the consequence of changing the rules in the Senate to pack the court will come back to haunt them.” perma.cc/6REN-PYQL%5D