In a recent article for the Fordham Law Review, 93 Fordham L. Rev. 1937 et seq. (2025), D.C. Circuit Judge J. Michelle Childs extensively reviewed the history and unique nature of the United States Court of Appeals for the D.C. Circuit. Given the Historical Society’s mission, it is particularly grateful to have the benefit of Judge Child’s extensive research and the Judge’s permission to share the article on the Society’s website.
In the Introduction to the article, Judge Childs emphasizes “[The D.C. Circuit’s] decisions ultimately, will face the court of history. And because our cases involve weighty national issues, their impact may extend well into the future.” The article first discusses the distinct origins, structure, and docket of the D.C. Circuit, and its particular function among circuit courts in considering issues relating to the federal government. The article then addresses history and change. Judge Childs observes that often “[c]ases before the D.C. Circuit may require that we engage with history, either because the record under review includes a historical archive, or because we turn to history to shed light on a question of law. . . .”
Recognizing the inherent nature of such issues as fraught with debate, Judge Childs gives special acknowledgment to former Chief Judge Harry T. Edwards. As once described by Justice Ruth Bader Ginsburg, Judge Edwards steered the court on a “course of caring collegiality”. That course, Judge Child emphasizes, “helps encourage earnest and frank deliberation in the challenging cases we consider.”
The article can be read in its entirety here.