---
title: "David James Porter | KnowJudges"
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updated: "2026-10-07"
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# David James Porter

U.S. Court of Appeals for the Third Circuit · U.S. Circuit Judge

## Profile

- Court: U.S. Court of Appeals for the Third Circuit
- State: National federal courts
- Role: U.S. Circuit Judge
- Service status: active
- Last verified: 2026-07-25

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- Judge, Court of Appeals for the Third Circuit, 2018-present
- Current role: Judge, U.S. Court of Appeals for the Third Circuit, since October 15, 2018
- From 1992 to 1994, Porter was a law clerk to Judge D. Brooks Smith of the U.S. District Court for the Western District of Pennsylvania
- American federal judge serving on the United States Court of Appeals for the Third Circuit

### Education

- George Mason University School of Law (now Antonin Scalia Law School) in, where he held the role of articles editor of the George Mason Law Review — J.D. (1992)

### Additional information

- 31, 2026) and United States v.
- The nomination was reported out of committee on July 19, 2018, and confirmed by the Senate on October 11, 2018, with commission issued on October 15, 2018.
- His nomination was sent to the Senate on April 12, 2018, with a Senate Judiciary Committee hearing on June 6, 2018.
- On April 10, 2018, President Donald Trump nominated Porter to replace Judge D. Michael Fisher, who had assumed senior status in 2017.
- Private practice, Pittsburgh, PA, 1994-2018
- Porter was born in 1966 in Kittanning, PA, and attended Millersville University of Pennsylvania before earning a B.A. from Grove City College in 1988.
- Born March 8, 1966, in Kittanning, Pennsylvania.
- Date of birth: 1966-01-01
- Porter has authored and participated in numerous appellate opinions, including Millentine Coates v.
- Active in the Federalist Society, serving as president of its Pittsburgh chapter.
- His recent cases cover a range of issues, from commercial disputes to constitutional and regulatory matters.
- He then joined Buchanan, Ingersoll & Rooney in Pittsburgh, practicing in regulatory, constitutional, and commercial litigation.
- Porter’s nomination was notable for political debate in Pennsylvania, where his opposition to abortion, same-sex marriage, and certain gun control measures drew criticism from progressive lawmakers.
- He is recognized for his work in constitutional law and has been active in legal scholarship and public speaking.
- Birth place: Kittanning, PA

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### appellate oral argument

Scope: courtwide

In federal courts of appeals, oral argument is allowed unless a three-judge panel unanimously finds one of Rule 34's specified grounds for dispensing with it; the clerk provides the date, time, place, and time allocation.

Evidence excerpt: Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary

[Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure)
Source checked: 2026-07-26


## Sources

- [Official profile](https://www.fjc.gov/node/5373046)
- [Official roster](https://www.fjc.gov/node/5373046)
- [Federal Judicial Center biography](https://www.fjc.gov/node/5373046)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8624/david-james-porter/)
- [Federal Rule of Appellate Procedure 34, Oral Argument](https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8624/david-james-porter/)

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