Selya was nominated by President Reagan on September 26, 1986, to the
United States Court of Appeals for the First Circuit, to a new seat created by 98 Stat. 333. He was confirmed by the Senate on October 8, 1986, and received his commission on October 14, 1986. When the
en banc First Circuit in 2005 upheld a voluntary desegregation plan in
Lynn, Massachusetts, that considered race when evaluating student transfer decisions, Selya dissented, writing that the program "flies in the teeth of the Supreme Court's stalwart opposition to the use of inflexible, race-determinative methods". A 2008 decision by Selya in
IMS Health Inc. v. Ayotte upheld a New Hampshire law that prohibited the sale of information about doctors' prescribing practices; the Supreme Court struck down a similar law in
Sorrell v. IMS Health Inc. Selya wrote for a unanimous panel ruling in favor of Boston when it refused to fly a
Christian flag on a city flagpole, arguing that the government was free to choose which messages it endorsed. The Supreme Court unanimously held in
Shurtleff v. City of Boston (2022) that the city had violated the
First Amendment. In 1996, Selya hired future Supreme Court Justice
Ketanji Brown Jackson as one of his
law clerks for the year. and she described him as "a brilliant, meticulous, and scholarly practitioner of the law" in her memoir
Lovely One. In 2000, Chief Justice
William Rehnquist appointed Selya to the
Judicial Panel on Multidistrict Litigation, a position he held until 2004. In 2005, Chief Justice
John Roberts appointed Selya to the
Foreign Intelligence Surveillance Court of Review, and in 2008 he became its chief judge. He wrote
a 2008 decision upholding the
Protect America Act of 2007, which permitted warrantless wiretapping of the international communications of Americans suspected of espionage or terrorism. Judge Selya assumed
senior status at the end of 2006. President
George W. Bush nominated District Judge
William E. Smith to succeed him in 2007, but the nomination was not acted upon. On October 6, 2009, President
Barack Obama formally nominated
O. Rogeriee Thompson to Selya's seat on the First Circuit. She was confirmed by the Senate in a 98–0 vote on March 17, 2010. ==Writing style==