David Porter (Third Circuit)

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David Porter
Image of David Porter

Nonpartisan

United States Court of Appeals for the 3rd Circuit
Tenure

2018 - Present

Years in position

6

Education

Bachelor's

Grove City College, 1988

Law

George Mason University, Antonin Scalia Law School, 1992

Personal
Birthplace
Kittanning, Pa.

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David James Porter is an Article III federal judge on the United States Court of Appeals for the 3rd Circuit. He was nominated by President Donald Trump (R) on April 12, 2018, and confirmed by the U.S. Senate on October 11, 2018, by a vote of 50-45.[1][2] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 3rd Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts.To learn more about the 3rd Circuit Court, click here.

Porter previously was an attorney in private practice with Buchanan Ingersoll & Rooney PC.[1]

Judicial nominations and appointments

United States Court of Appeals for the 3rd Circuit

See also: Federal judges nominated by Donald Trump

Porter was nominated to the United States Court of Appeals for the 3rd Circuit by President Donald Trump (R) on April 12, 2018. The U.S. Senate confirmed Porter on October 11, 2018, by a vote of 50-45.[1] Porter received his judicial commission October 15, 2018. To read more about the federal nomination process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: David Porter
Court: United States Court of Appeals for the 3rd Circuit
Progress
Confirmed 182 days after nomination.
ApprovedANominated: April 12, 2018
ApprovedAABA Rating: Unanimously Qualified
Questionnaire: Questionnaire
ApprovedAHearing: June 6, 2018
QFRs: (Hover over QFRs to read more)
ApprovedAReported: July 19, 2018 
ApprovedAConfirmed: October 11, 2018
ApprovedAVote: 50-45


Confirmation vote

The U.S. Senate confirmed Porter on October 11, 2018, by a vote of 50-45. To see a full breakdown of the vote on the official U.S. Senate website, click here.

Porter confirmation vote (October 11, 2018)
Party Yea Nay No vote
Electiondot.png Democratic 0 43 4
Ends.png Republican 50 0 1
Grey.png Independent 0 2 0
Total 50 45 5

Senate Judiciary Committee hearing

Porter had his hearing before the Senate Judiciary Committee on June 6, 2018. The committee voted to advance Porter's nomination to the full Senate on July 19, 2018.[3]

Nomination

Porter was nominated to replace Judge D. Michael Fisher, who assumed senior status on February 1, 2018.

The American Bar Association rated Porter Unanimously Qualified for the position.[4] To read more about ABA ratings, click here.

Education

Porter was born in Kittanning, Pennsylvania, in 1966. He received his undergraduate degree, with honors, from Grove City College in 1988 and his J.D. from the Antonin Scalia Law School at George Mason University in 1992. During his legal studies, Porter served as a notes editor of the George Mason Law Review.[1][2][5]

Professional career

About the court

Third Circuit
Court of Appeals
US-CourtOfAppeals-3rdCircuit-Seal.svg
Judgeships
Posts: 14
Judges: 13
Vacancies: 1
Judges
Chief: Michael Chagares
Active judges: Stephanos Bibas, Michael Chagares, Cindy Chung, Arianna Freeman, Thomas Hardiman, Kent Jordan, Cheryl Ann Krause, Paul Matey, Tamika Montgomery-Reeves, Peter Phipps, David Porter, Luis Felipe Restrepo, Patty Shwartz

Senior judges:
Thomas Ambro, Robert Cowen, D. Michael Fisher, Julio Fuentes, Theodore McKee, Richard Nygaard, Marjorie Rendell, Jane Roth, Anthony Scirica, David Brooks Smith, Walter Stapleton


The United States Court of Appeals for the Third Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

Appeals are heard in the James A. Byrne Federal Courthouse in Philadelphia, Pennsylvania. It shares a courthouse with the United States District Court for the Eastern District of Pennsylvania.

One judge of the Third Circuit went on to serve on the Supreme Court of the United States. Samuel Alito was appointed to the Supreme Court in 2006 by George W. Bush (R).

United States Court of Appeals for the 3rd CircuitUnited States Court of Appeals for the 3rd CircuitUnited States District Court for the Western District of PennsylvaniaUnited States District Court for the Middle District of PennsylvaniaUnited States District Court for the Eastern District of PennsylvaniaUnited States District Court for the District of New JerseyUnited States District Court for the District of DelawareUnited States District Court for the District of DelawareUnited States District Court for the U.S. Virgin IslandsUnited States District Court for the U.S. Virgin IslandsUnited States District Court for the U.S. Virgin IslandsUnited States District Court for the U.S. Virgin Islands
Map of the Third Circuit. Click on a district to find out more about it.


The Third Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Third Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Justice Samuel Alito is the circuit justice for the Third Circuit.

The United States Court of Appeals for the Third Circuit has appellate jurisdiction over the United States district court in the following federal judicial districts:

It also has appellate jurisdiction over the United States District Court for the U.S. Virgin Islands which, in spite of the name, is a territorial court and belongs to no federal judicial district.

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.


See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 White House, "President Donald J. Trump Announces Twelfth Wave of Judicial Nominees, Twelfth Wave of United States Attorneys, and Sixth Wave of United States Marshals," April 10, 2018
  2. ↑ 2.0 2.1 2.2 Federal Judicial Center, "Porter, David James," accessed October 14, 2018
  3. ↑ Congress.gov, "PN1843 — David James Porter — The Judiciary," accessed July 19, 2018
  4. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed April 21, 2020
  5. ↑ 5.0 5.1 Buchanan Ingersoll & Rooney PC, "David J. Porter," accessed October 14, 2018

Political offices
Preceded by
- 		United States Court of Appeals for the 3rd Circuit
2018-Present		 Succeeded by
-



Pennsylvania courts

Federal courts:

Third Circuit Court of Appeals • U.S. District Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania • U.S. Bankruptcy Court: Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania

State courts:

Supreme Court of Pennsylvania • Pennsylvania Superior Court • Pennsylvania Commonwealth Court • Pennsylvania Court of Common Pleas • Pennsylvania Magisterial Districts

State resources:

Courts in Pennsylvania • Pennsylvania judicial elections • Judicial selection in Pennsylvania

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