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

info@dcchs.org.

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.