[4] In 2014 David J. Porter's name was discussed to be included to the White House as part of a package of judicial nominees between senators Bob Casey (D) and Pat Toomey (R).

[5] This was due to a tradition in Pennsylvania that divides judicial nominations on a 3-to-1 ratio when the state's two U.S. senators are of the opposite party.

Progressives in Pennsylvania scrambled to derail the deal because of David Porter's opposition to abortion, gay marriage and gun control.

He was nominated to the seat vacated by Judge D. Michael Fisher, who assumed senior status on February 1, 2017.

[13] In May 2020, Porter wrote for the unanimous panel when it found that the University of the Sciences breached its contractual promise of a fair process when it expelled a student accused of campus sexual assault without providing a live hearing or an opportunity to cross examine witnesses.