With the U.S. Supreme Court beginning its 2010 term next month, we conduct our 26th annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past term, and briefly discuss the Second Circuit decisions scheduled for review during the new term.

Before the 2009 term began, President Barack Obama nominated Second Circuit Judge Sonia Sotomayor to fill the vacancy left by the retirement of Justice David Souter. Upon taking office, Justice Sotomayor became the first Second Circuit judge elevated directly from the Second Circuit since John Marshall Harlan II in 1955. (Thurgood Marshall became a Supreme Court Justice after having served on the Second Circuit, but he was the Solicitor General at the time of his nomination.)

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