The D.C. Circuit was created in 1801 and consists of the two federal courts for the District of Columbia: the U.S. District Court
(a federal trial court) and the U.S. Court of Appeals. Although the Circuit is responsible for the smallest geographic area of any of the
thirteen federal circuits - its jurisdiction extends only to Washington D.C. - it historically has had an outsized influence on the law as
a frequent forum for litigation involving federal government agencies. The Historical Society brings the Circuit's rich legacy to life
through a variety of activities including articles and oral histories, reenactments, displays and publications, archival preservation, and mock
arguments involving area high school students.
The Historical Society began its work in 1990 by commissioning Professor Jeffrey Brandon Morris to write a definitive history of the first 200
years of the D.C. Circuit Courts, Calmly to Poise the Scales of Justice: A History of the Courts of the District of Columbia Circuit. The printed book
is available on request, but most of the Society's archival material is online at this Web site. This includes
a fascinating and expanding collection of oral histories from noted judges and practitioners. In addition, the Web site
houses the Society's burgeoning collection of articles on the Circuit's history contributed by
scholars and lawyers.
U. S. v. Bollman: A Noble Beginning for the D.C. Circuit Court
"Rarely has a federal judge spoken so frankly and personally to the President of the United States -- and perhaps never to the president who
appointed him to office," writes Professor N. Kent Newmyer in this insightful article about the dissenting judge in U.S. v. Bollman.
You will be surprised when you discover who this judge and the President were, but you will not be surprised that Newmyer is talking about
a case in the D. C. Circuit.
Justice Wiley Rutledge: Court of Appeals Years - and After
In this, the second of the Society's articles from authors of books on the Court's history, Judge John M. Ferren draws on his
Salt of the Earth, Conscience of the Court: The Story of Justice Wiley Rutledge and later sources. The title captures the essence of the
man and his judicial philosophy. Rutledge was born in Kentucky, grew up in Tennessee, went to college in Wisconsin, started law school at Indiana,
paused to teach in New Mexico, finished law school in Colorado, practiced in Boulder, and became dean first at Washington University in St.
Louis and then at the University of Iowa College of Law. He was appointed by President Franklin Roosevelt to the court that became the U.S.
Court of Appeals for the D. C. Circuit and was later elevated to the Supreme Court. Rutledge's opinions on both courts reflected his roots,
striving for fair outcomes and upholding individual rights. Ferren's book does justice to this justice, and so does his new article.
The Society's July 2014 Newsletter is on line
Read about the Society's program on public education and the federal courts in D.C. and its upcoming Law Clerk Initiative featuring Justice Elena Kagan. Learn about the exploits of an unusual U.S. Marshal and Judge Stephens' relationship with the New Dealers. Access the oral histories of Judge John M. Facciola, Henry F. Schuelke, III, and Harriet S. Shapiro, and more.
Now on display in the Courthouse
Judge Harold H. Greene's role in breaking up the AT&T monopoly is credited by many with laying the foundation for the rapid development of the U.S.
telecommunications industry. Judge Greene and his family fled the Nazi regime in 1943. Upon becoming a naturalized citizen in the United States,
he enlisted in the Army and returned to Allied-occupied Germany. Judge Greene finished first in his class at George Washington University Law School
and thereafter clerked for Judge Clark on the D.C. Circuit. He then worked in the Civil Rights Division of Department of Justice and helped author the
Civil Rights Act of 1964, making the crucial decision to base the Act on congressional authority under the Commerce Clause, which made it more resistant
to legal challenge. He also helped draft the Voting Rights Act of 1965. Judge Greene was nominated to the U.S. District Court for the District of
Columbia by President Carter in 1978. On his first day on the bench, he inherited the antitrust case that ultimately broke up AT&T's monopoly,
giving rise to seven "baby bell" companies and forever changing the telecom industry. In 1990, Judge Greene ordered former President Reagan to
provide testimony in the trial of National Security Advisor John Poindexter for his participation in the Iran-Contra Affair. This was the first
time a president was compelled to testify regarding events during his administration, and President Reagan's eight hours of testimony were his
first public statements on the events. Judge Greene took senior status in 1995 and passed away in 2000.
Please join us on Thursday, June 19, for "Sixty Years After Bolling v. Sharpe: Public Education and the D.C. Federal Courts."
The special relationship between the D.C. federal courts and public education will be the focus of the Society's June 19 program.
Panelists include the Chancellor of the D.C. Public Schools, Kaya Henderson, and Judge David Tatel of the D.C. Circuit.
The program will be begin at 4:30 p.m. in the Ceremonial Courtroom of the E. Barrett Prettyman U.S. Courthouse.
Everyone is welcome.
See flyer for additional information.
Judge Harold M. Stephens
Although Judge Harold M. Stephens was appointed to the D. C. Circuit by President Franklin Roosevelt, parts of the New Deal bothered him.
In particular, he worried that the new administrative agencies were being given judicial functions traditionally handled by the courts.
But surprisingly, Stephens opposed the Walter-Logan bill, which would have put the agencies on a judicial leash, and worked behind the scenes
for a veto. Ron Krock explains why in his article:
"Strange Bedfellows: Judge Harold M. Stephens and the New Dealers in the Age of Administrative Law Reform."
Oral History of Harriet S. Shapiro, Esq.
Harriet Shapiro's oral history is like a waltz, as she and the reader dance easily and gracefully through her life.
Although she was a pioneer - an early woman editor of a major law review and the first woman in the Solicitor General's
Office – she describes each accomplishment simply as a lawyer doing her job to the best of her ability. Of course, her
ability was considerable. The talented questioner, Judy Feigin, is able to fade into the background, producing a lovely,
flowing narrative of the childhood, education, family, and professional career of this fascinating woman.
Welcome to two new Board members
Honorable Colleen Kollar-Kotelly, U.S. District Court for the District of Columbia, and Paras Shah, Esq., Office of the General Counsel,
National Treasury Employees Union, have joined the Historical Society Board and were welcomed by Board members at the Society's annual
meeting on April 30, 2014.
Oral History of Henry F. Schuelke, III
For decades, Henry F. Schuelke, III has been the lawyer behind the headlines for some of Washington D.C.’s biggest criminal cases as prosecutor, defense counsel, or investigator. Hanafi Muslim murders, Whitewater, the Senator Ted Stevens case, Abramoff, Enron. Facts and stories roll off his tongue, such as the time he realized the victim’s fatal wound had not come from the defendant’s serrated knife but rather from the scalpel of a clumsy surgeon at the hospital to which he was taken. And then there was the time Schuelke told a furious judge that he wouldn't execute a bench warrant to bring a recalcitrant witness back to court the next day because it would result in a gunfight between the marshals and the witness's body guards. The oral history was taken by Louis R. Cohen.
High School Students become Legal Advocates
About 85 high school students presented arguments before nine federal judges in the
Historical Society's ninth Mock Court Program on April 25, 2014.
After practicing their arguments with volunteer lawyer mentors in the weeks preceding the
Program, the students impressed the judges with their ability to argue a case involving
search and seizure issues. Each judge selected the student who was the most outstanding
oral advocate, and all students received certificates of participation after which they relaxed and
enjoyed a lunch of pizza and salad. Read more.
Uniting the Two Courts
Until 1952 the U.S. Court of Appeals and the U.S. District Court operated under separate roofs – in fact, many roofs.
Previously, the Court of Appeals occupied a Greek Revival structure built in 1909 near the former City Hall at John Marshall
Place and D Street, N.W. The land had once been intended for the United States Mint, and its neighbors had included public baths
and a circus building. The City Hall had been seized by the federal government in 1873 for use by the District Court which
eventually was scattered over nine different buildings. All came together in the new courthouse, proposed in 1938 but
postponed during the war. At the laying of the cornerstone, President Harry Truman declared, "Nowhere else, outside
of the Supreme Court of the United States, will so many legal questions of national magnitude be decided as in the building before us."
Read more interesting facts about the courts.
"Firebrand: U.S. Marshal Tench Ringgold and Early American Politics"
Tench Ringgold was a marshal for the old Circuit Court and, like all marshals, was the long-arm of the law.
But as David Turk, historian for the U.S. Marshals Service, tells us, Ringgold was more than
this. He was appointed by his friend, President James Monroe. When the British burned the
capital in 1814, Ringgold had arranged the separate escapes of President James and First
Lady Dolley Madison in conjunction with then-Secretary of State Monroe. As Marshal, Ringgold
had the enviable honor of being escort for dignitaries until President Andrew Jackson, with whom
he had a frostier relationship, replaced him. Ringgold's grandson, Edward Douglas White, continued the
family's legal tradition though.
He became Chief Justice of the U. S. Supreme Court.
Read the complete article.
Oral History of Magistrate Judge John M. Facciola
"When grandma pours the pasta," it's time to go home, if you're an Italian boy in Brooklyn says
Magistrate Judge John M. Facciola's in this warm and charming oral history. He went to Regis, of course.
It is easy to understand why he gets litigants to settle and why he thinks that the adversarial
system isn't the only way to resolve disputes. Judge Facciola developed an expertise on discovery
in a digital age but kept perspective, saying to himself on one occasion: "God I'm the only guy on
this panel without a PhD from either Cal Poly area, or MIT in advanced mathematics. This is going to be fun."
And so is his oral history. It was taken by Kali Bracey.