Peter Phipps

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Peter Phipps

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Nonpartisan

United States Court of Appeals for the 3rd Circuit
Tenure

2019 - Present

Years in position

5

Prior offices
United States District Court for the Western District of Pennsylvania

Education

Bachelor's

University of Dayton, 1995

Law

Stanford Law School, 1998

Personal
Birthplace
Abilene, Texas

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Peter Joseph Phipps is a judge on the United States Court of Appeals for the 3rd Circuit. He was nominated to the court by President Donald Trump (R) on May 13, 2019, and confirmed by the United States Senate on July 16, 2019, by a vote of 56-40. He received commission on July 17, 2019. 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 court, click here.

Phipps was a judge on the United States District Court for the Western District of Pennsylvania. He joined the court in October 2018. He was nominated by President Donald Trump (R) on February 15, 2018, and left the position when he was confirmed to the United States Court of Appeals for the 3rd Circuit.[1][2] President Trump nominated Christy Wiegand to succeed Phipps on the Western District of Pennsylvania.

Phipps previously was a senior trial counsel in the Federal Programs Branch of the Department of Justice’s Civil Division.[2]

Phipps was included on President Donald Trump’s (R) list of 20 potential U.S. Supreme Court nominees released on September 9, 2020.[3] President Trump (R) nominated Amy Coney Barrett to the seat on September 26, 2020. For more information on the 2020 Supreme Court vacancy created by the death of former Justice Ruth Bader Ginsburg on September 18, 2020, click here.

Judicial nominations and appointments

United States Court of Appeals for the 3rd Circuit (2019-present)

See also: Federal judges nominated by Donald Trump

On May 13, 2019, President Donald Trump (R) nominated Phipps to a seat on the United States Court of Appeals for the 3rd Circuit.[4] He was confirmed by a 56-40 vote of the U.S. Senate on July 16, 2019. To read more about the federal nominations process, click here.

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Peter Phipps
Court: United States Court of Appeals for the 3rd Circuit
Progress
Confirmed 64 days after nomination.
ApprovedANominated: May 13, 2019
ApprovedAABA Rating: Substantial majority well qualified / Minority qualified
Questionnaire: Questionnaire
ApprovedAHearing: June 5, 2019
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: June 27, 2019 
ApprovedAConfirmed: July 16, 2019
ApprovedAVote: 56-40


Confirmation vote

The U.S. Senate confirmed Peter Phipps on July 16, on a vote of 56-40.[5] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Peter Phipps confirmation vote (July 16, 2019)
Party Yea Nay No vote
Electiondot.png Democratic 3 38 4
Ends.png Republican 53 0 0
Grey.png Independent 0 2 0
Total 56 40 4

Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Phipps' nomination on June 5, 2019.[6] On June 27, 2019, the committee voted 12-10 to advance Phipps' nomination to the full Senate.[7]

Nomination

Phipps was nominated to succeed Judge Thomas Vanaskie, who retired on January 2, 2019.[6]

Pennsylvania Senator Pat Toomey (R) supported the nomination, saying, "Judge Phipps will make an outstanding addition to the Third Circuit. He has the experience, intellect and integrity to be a superb circuit court judge."[8]

Pennsylvania Senator Bob Casey Jr. (D), who supported Phipps' nomination to the Western District of Pennsylvania, expressed opposition to Phipps' 3rd Circuit nomination, questioning whether "six months on that bench is sufficient experience or preparation" for a Circuit Court elevation. Casey also said, "Circuit court judges are often asked to decide questions of law that can have an enormous impact on Americans’ lives, and I have significant concerns about Judge Phipps’ judicial and constitutional philosophy."[8]

The American Bar Association rated Phipps well qualified by a substantial majority and qualified by a minority for the position.[9] To read more about ABA ratings, click here.

United States District Court for the Western District of Pennsylvania (2018-2019)

See also: Federal judges nominated by Donald Trump

On February 15, 2018, President Donald Trump (R) nominated Phipps as an Article III judge on the United States District Court for the Western District of Pennsylvania.[10] He served in the position until he was confirmed by the U.S. Senate to the United States Court of Appeals for the 3rd Circuit on July 16, 2019. To read more about the federal nominations process, click here.

Christy Wiegand was nominated by President Trump to replace Phipps on the Western District of Pennsylvania. She was confirmed on September 9, 2020.

Confirmation vote

The U.S. Senate confirmed Phipps on October 11, 2018, by voice vote.[10]

Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Phipps' nomination on April 25, 2018.[11] His nomination was reported out of committee on May 24, 2018, by voice vote.[12]

Nomination

President Donald Trump (R) nominated Phipps to the United States District Court for the Western District of Pennsylvania on February 12, 2018.[2] He was nominated to succeed Judge Terrence McVerry, who assumed senior status on October 1, 2013.[10]

Pennsylvania Sens. Toomey (R) and Casey (D) recommended Phipps to the position.[13]

The American Bar Association rated Phipps qualified by a majority and well qualified by a minority for the position.[14] To read more about ABA ratings, click here.

Early life and education

Phipps was born in Abilene, Texas, in 1973. He received a B.S. in physics and a B.A. in history from the University of Dayton in 1995. He obtained a J.D. from Stanford Law School in 1998. During his legal studies, Phipps served as a managing editor of the Stanford Law Review from 1997 to 1998.[1][15]

Professional career

Awards and associations

Awards

Associations

  • Akron Bar Association
  • Allegheny County Bar Association
  • American Bar Association
  • Columbus Bar Association
  • D.C. Bar Association[15]

About the court

United States Court of Appeals for the 3rd Circuit

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).


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.

United States District Court for the Western District of Pennsylvania

Western District of Pennsylvania
Third Circuit
Western-District-Pennsylvania-Seal.png
Judgeships
Posts: 10
Judges: 10
Vacancies: 0
Judges
Chief: Mark Raymond Hornak
Active judges:
Susan Baxter, Cathy Bissoon, Robert J. Colville, Stephanie Haines, William Scott Hardy, Marilyn J. Horan, Mark Raymond Hornak, J. Nicholas Ranjan, William Shaw Stickman IV, Christy Wiegand

Senior judges:
David Cercone, Joy Conti, Nora Fischer, Kim Gibson, Arthur Schwab


The United States District Court for the Western District of Pennsylvania is one of 94 United States district courts.

When decisions of the court are appealed, they are appealed to the United States Court of Appeals for the Third Circuit based in downtown Philadelphia at the James Byrne Courthouse.


The Western District of Pennsylvania has original jurisdiction over cases filed within its jurisdiction. These cases can include civil and criminal matters that fall under federal law.

The geographic jurisdiction of the Western District of Pennsylvania consists of all the following counties in the western part of the state of Pennsylvania.

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 Federal Judicial Center, "Phipps, Peter Joseph," accessed October 14, 2018
  2. ↑ 2.0 2.1 2.2 2.3 The White House, "President Donald J. Trump Announces Eleventh Wave of Judicial Nominees," February 12, 2018
  3. ↑ White House, "Additions to President Donald J. Trump’s Supreme Court List," September 9, 2020
  4. ↑ White House, "President Donald J. Trump Announces Judicial Nominees, United States Attorney Nominee, and United States Marshal Nominees," May 3, 2019
  5. ↑ United States Senate, "On the Nomination (Confirmation: Peter Joseph Phipps, of Pennsylvania, to be U.S. Circuit Judge for the Third Circuit )," accessed July 18, 2019
  6. ↑ 6.0 6.1 Congress.gov, "PN725 — Peter Joseph Phipps — The Judiciary," accessed June 6, 2019
  7. ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," June 27, 2019
  8. ↑ 8.0 8.1 Courthouse News Service, "Trump Nominates Six for Federal Court Seats," May 3, 2019
  9. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 116th Congress," accessed June 18, 2019
  10. ↑ 10.0 10.1 10.2 Congress.gov, "PN1646 — Civilian," accessed May 6, 2019
  11. ↑ Senate Judiciary Committee, "Nominations," April 25, 2018
  12. ↑ Senate Judiciary Committee, "Results of Executive Business Meeting," May 24, 2018
  13. ↑ Pat Toomey, U.S. Senator for Pennsylvania, "Toomey Applauds Nomination of Peter Phipps to United States Court of Appeals for the Third Circuit," May 3, 2019
  14. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 1, 2018
  15. ↑ 15.0 15.1 15.2 Senate Judiciary Committee, "Questionnaire for judicial nominees," accessed May 6, 2019

Political offices
Preceded by
- 		United States Court of Appeals for the 3rd Circuit
2019-Present		 Succeeded by
-
Preceded by
- 		United States District Court for the Western District of Pennsylvania
2018-2019		 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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