Foster was nominated by President
Theodore Roosevelt on January 22, 1909, to a seat on the
United States District Court for the Eastern District of Louisiana vacated by Judge
Eugene Davis Saunders. He was confirmed by the
United States Senate on February 2, 1909, and received his commission the same day. His service terminated on January 13, 1925, due to his elevation to the Fifth Circuit. Foster was nominated by President
Calvin Coolidge on January 3, 1925, to a seat on the
United States Court of Appeals for the Fifth Circuit vacated by Judge
Alexander Campbell King. He was confirmed by the Senate on January 13, 1925, and received his commission the same day. He was a member of the
Conference of Senior Circuit Judges (now the
Judicial Conference of the United States) from 1935 to 1941. His service terminated on August 23, 1942, due to his death. He was the last federal judge continuously in active service from the
presidency of Theodore Roosevelt. ==Notes==