Judge David Porter, confirmed by the Senate on October 11, took his judicial oath and received his commission on October 15. He is now officially a Third Circuit judge. He has the rare privilege of serving alongside the judge he clerked for, Chief Judge Smith.
Judge Porter becomes the Court’s 13th active judge, filling the opening created when Judge Fisher took senior status in February 2017. One open seat remains on the court, the one created when Judge Fuentes took senior status in July 2016 for which Paul Matey was nominated the same day Judge Porter was.
Judge Porter’s confirmation vote (50 to 45) was the closest in the Third Circuit’s recent history, and the closest ever I suspect.
Judge Porter is 52, making him the third-youngest member of the court after Judges Bibas and Krause. He’s only one year younger than Judge Hardiman, who has been on the court for over a decade.
My congratulations again to Judge Porter, and I look forward to seeing him in action one day soon.