Bench Memos

Law & the Courts

Eighth Circuit Summary

The Eighth Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) has 11 active judgeships. All of them are filled.

Joe Biden did not make a single appointment to the Eighth Circuit. That court remains the most lopsided by party of appointing president: 10 Republican appointees (1 GHW Bush, 5 GW Bush, 4 Trump) versus only 1 Democratic appointee (Obama).

Five of the Republican appointees are eligible to take senior status: Duane Benton, Ralph Erickson, James Loken, Bobby Shepherd, and Lavenski Smith. Steven Colloton will become eligible in January 2028 (but his term as chief judge has just started and runs until 2031). Raymond Gruender will become eligible in July 2028.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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