Bench Memos

NRO’s home for judicial news and analysis.

More on Judicial Vacancies, Nominations, and Pensions -- Revised


Here’s a slightly revised list of the Republican-appointed court of appeals judges who are (or, in the case of the asterisked names, will at some point this year become) eligible to take senior status or retire but who, so far as I’m aware, have not yet stated a decision to do so. There are 25 judges on the list, including a remarkable five from the Fifth Circuit and four from the Seventh.

First Circuit: Boudin, Torruella
Second Circuit: Walker
Third Circuit: Roth, Scirica
Fourth Circuit: Niemeyer*
Fifth Circuit: Davis, DeMoss, Higginbotham, Jolly, Wiener
Seventh Circuit: Flaum, Kanne, Posner, Rovner
Eighth Circuit: Loken, Wollman
Ninth Circuit: O’Scannlain, Rymer*
Tenth Circuit: Kelly
Eleventh Circuit: Tjoflat
Federal Circuit: Lourie, Mayer*, Michel*, Newman

Active judges who have announced their intention to take senior status or retire are Selya (First Circuit), Van Antwerpen (Third Circuit), Widener (Fourth Circuit), and Morris Arnold (Eighth Circuit). If a reader knows of any judges in the above list who have also so stated their intention, please let me know.

(Here are the corrections to my previous listing: I’ve moved Widener and Arnold off the list since each has stated his intention to take senior status or retire (indeed, William Haynes was long ago nominated to Widener’s seat), and I’ve added Tjoflat. I’ve also done a more thorough search of the database, so the list above should be exhaustive.)


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