Higginbotham was nominated by President Jimmy Carter on September 19, 1977, to a seat on the United States Court of Appeals for the Third Circuit vacated by Judge Francis Lund Van Dusen. He was confirmed by the United States Senate on October 7, 1977, and received his commission on October 11, 1977. Higginbotham's elevation came only a year after the opening of a new federal courthouse in Philadelphia, now called the James A. Byrne United States Courthouse, located at 6th and Market. Higginbotham would later describe his judicial philosophy on the appellate bench as being in line with Justice Cardozo, rejecting the strict constructionist concept, in favor of "an evolutionary concept in terms of what is fair and just in a society." He attacked strict constructionists as being inconsistent, "wantan original intent for what are their conservative positions, and an evolutionary [position, in order to protect their conservative positions..." He was Chief Judge of the Court of Appeals from 1990 to 1991 and assumed senior status due to a certified disability on January 31, 1991. He retired from the bench on March 5, 1993.