On its busy final day before recessing for the summer, the Supreme Court has just issued orders including new circuit assignments for the justices. The new lineup was needed because Justice David Souter's retirement leaves, as of tomorrow, an eight-member court until his replacement is seated. Each justice is assigned one or more circuits to receive and handle emergency applications and other matters from those areas.
As we predicted here recently (second item,) Justice Souter's 1st and 3rd circuits will be given, at least temporarily, to justices who once sat on those circuits -- Stephen Breyer gets the 1st, and Samuel Alito Jr. will handle the 3rd. Alito also will continue to handle matters from the 8th, and Breyer will retain the 10th as well. Justices usually don't get their "home circuit" when they first join the Court, but after a few years into their tenure, they often gravitate there (for example Anthony Kennedy now handles the 9th, where he sat, and Clarence Thomas has the 11th, where he grew up.) If that trend continues, Breyer may keep the 1st and Alito the 3rd even after a new justice is seated. Nominee Sonia Sotomayor, if confirmed, then would probably get the 8th or 10th -- or another circuit if other justices want a change of venue.
The new assignments can be found at page four of this document.
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