U.S. Sixth Circuit Appellate Courts of the Federal Judiciary

 A three judge panel of the Sixth Circuit Federal Appeals Court landed a decision this week that takes control away from Parents' right to determine their children's medical care.  You would think that on its face this is a red meat, red flag for the Individualist, Boot-strap pulling, Anti-government overreach ethos of the Republican Party.  It's certainly classic Republican dogma; however, the specific issue regards the gender of the children.  This is something that apparently conservative, religious bigots feel they understand better than either the parents of the children in question, or their highly trained professional medical support staff (Doctors, Surgeons, Psychologists, that ilk).  Morality that cherry-picks a "holy book" (any "holy" book/text) is anything but moral.  

This got me thinking, how much do most people even understand how the Federal Appeals Courts work?  I think not many  So lets take on the Sixth Circuit and tear it down to its most basic bones. I will do this by asking and answering a set of simple questions.  And were applicable reference the recent case that started this line of reasoning.  

What is the Sixth Circuit?

The six Circuit is one of 13 Federal Court clusters that are divided into District and Appellate courts for the purpose of adjudicating conflicts with a bearing on Federal Laws and the United States Constitution.  It's decisions are review-able by the U.S. Supreme Court, the Court of Last Resorts.  They may be affirmed or struck down by the Supreme Court.  District courts are were most cases begin.  After a decision is rendered, of the loosing side feels they have just cause to request a review, they appeal the decision to the Appellate Court.  Each circuit has many Districts within it's boundaries, but only one Appeals Court.

Is there one Appeals Court house for each Circuit?

No.  Appellate Judges have chambers in various courthouses throughout the Circuit, most are part of District Court buildings, however, some Appeals Court judges--usually those who have semi-retired into what is called "Senior" status--set up chambers in spaces more convenient to the physical needs and limitations.  

Do all Circuits have the same number of Appellate Judges?

No.  The numbers vary widely.  The First Circuit Appeals Court has 6 Judges, while the Ninth Circuit has 28!  The number depends on historical precedence, case-load, number of subordinate District Courts, etc.  The number of judges is set using a formula that takes a range of such factors into consideration.

Each judge occupies a "seat".  Seats change both by adding more and taken existing seats away.  When a Circuit looses a seat, it only does so after the sitting judge takes Senior Status, Retires, Resigns, or Dies.

How does an Appellate Court Judge get their job?

By Constitutional design, they are nominated by the sitting President, and then Confirmed by a simple majority of the U.S. Senate.  They may maintain their seat on the court as long as want to.  There is no mandatory retirement age; however, there is a formula for assuming a Senior Status which allows the judge to be fully vetted in the retirement system of the courts and continue to serve part-time while accruing additional retirement benefits.

How is the Appellate Court Governed?

Each court, both Appellate and District have a Chief Judge.  They also have various committees and other structures to manage internal decisions and conflict.  The position of Chief Judge is not a political choice.  Rather, it is determine by a formula that involves the ages of all of the active judges occupying one of the appoint full-time seats.  At the time a vacancy happens, the role is offered to the judge within the court who is closest to 65 years of age without going over 65.  Judges who are 66 and older are not allowed to hold the position unless there is no one younger who is available or able to hold the position.  The term of Chief Justice lasts for seven years, and carries very little actual authority.  The seat of the Chief Justice remains in the city of their current seat, so the placement throughout the Circuit of the Chief Judges changes with the Judge.

Applying these ideas to the Sixth Circuit

The Sixth Circuit covers 4 states that are subdivided geographically into 9 Districts.  The number of Full Time Seats in the Sixth Circuit Appeals Court is Sixteen.  All are presently filled.  There are Fourteen Judges working part time in Senior Status; however, one of these judges is presently "inactive".  This is a polite way of saying they are "Dianne Feinstein-ing"--biding their time until death makes the decision to leave for them.  

Specifically, the states and courthouses are:

MICHIGAN

• Detroit
• Ann Arbor
• Lansing
• Traverse City

OHIO

• Columbus
• Cleveland
• Cincinnati
• Akron
• Medina

KENTUCKY

• Louisville
• Lexington
• Covington
• London

TENNESSEE

• Memphis
• Nashville

Now, let us apply the specifics of the Federal Judicial Judges who actually occupy the Active and Senior Status Seats throughout the Circuit.  I will identify the Justice by name, include their status, age, and President who nominated them.

MICHIGAN

• Detroit
• Justice Eric L. Clay, 75 - Clinton; 26 years of service
• Justice Stephanie D. Davis, 56 - Biden; 2 years of service
• Senior Justice Helene White, 69 - GWBush; 15 years of service
• Ann Arbor
• Justice Raymond Kethledge, 57 - GWBush; 15 years of service
• Justice Joan Larsen, 55 - Trump; 6 years of service
• Senior Justice Ralph B. Guy Jr., 94 - Reagan; 38 years of service
• Lansing
• Senior Justice Richard F. Suhrheinrich, 87 - GHWBush; 33 years of service
• Senior Justice David McKeague, 77 - GWBush; 18 years of service
• Traverse City
• Justice Richard Allen Griffin, 61 - GWBush; 18 years of service

OHIO

• Columbus
• Chief Justice Jeffrey Sutton, 63 - GWBush; 20 years of service
• Justice Chad Readler, 52 - Trump; 4 years of service
• Justice Eric E. Murphy, 44 - Trump; 4 years of service
• Justice Rachel Bloomekatz, 41 - Biden; <1 year of service
• Senior Justice Allen Eugene Norris, 88 - Reagan; 37 years of service
• Senior Justice R. Guy Cole Jr., 72 - Clinton; 28 years of service
• Cleveland
• Justice Karen Nelson Moore, 77 - Clinton; 28 years of service
• Cincinnati
• Justice John Nalbandian, 54 - Trump; 5 years of service
• Akron
• Senior Justice Deborah L. Cook, 71 - GWBush; 20 years of service
• Medina
• Senior Justice Alice M. Batchelder, 79 - GHWBush; 32 years of service

KENTUCKY

• Louisville
• Justice John K. Bush, 49 - Trump; 6 years of service
• Senior Justice Danny Julian Boggs, 79 - Reagan; 35 years of service
• Lexington
• Senior Justice John M. Rogers, 75 - GWBush; 21 years of service
• Covington
• Justice Amul Thapar, 54 - Trump; 6 years of service
• London
• Senior Justice Eugene Edward Siler Jr, 87 - GHWBush; 31 years of service

TENNESSEE

• Memphis
• Justice Julia Smith Gibbons, 73 - GWBush; 21 years of service
• Justice Andre Mathis, 43 - Biden; 1 year of experience
• Senior Justice Ronald Lee Gilman, 81 - Clinton; 26 years of service
• Nashville
• Justice Jane Branstretter Stranch, 70 - Obama; 13 years of service
• Senior Justice Martha Craig Daughtrey, 81 - Clinton; 30 years of service

When an appeal comes before the Appeals Court, do all of the Judges participate in the opinion?

No.  The appeal is heard by a panel of 3 judges that are randomly chosen from the available pool.  Sometimes, the Chief Justice may intervene to include themselves on the panel, as in this case.  It's one of the few significant powers a Chief Justice has.

And that's is how this case was was decided at the appeals level by these judges:

• Chief Justice Jeffrey Sutton, 63 - GWBush; 20 years of service
• Justice Amul Thapar, 54 - Trump; 6 years of service
• Senior Justice Helene White, 69 - GWBush; 15 years of service

Justices Sutton and Thapar voted for discrimination, and Justice White voted against it.  The majority prevailed.  All three were appointed by Republican Presidents.

This is how the sausage is made.