With the confirmations Monday and yesterday of Michael Scudder (CA7), Amy St. Eve (CA7), John Nalbandian (CA6), and Joel Carson (CA10), President Trump has now had nine federal appellate nominees confirmed this year and a grand total of twenty-one over his first sixteen months in office. By contrast, here are the totals for recent presidents from their inauguration to May 15 of their second year in office:
There is now one federal appellate nomination pending on the Senate floor: Mark Bennett (CA9/HI). There are two appellate nominees waiting to be reported out by the Senate Judiciary Committee: Andrew Oldham (CA5/TX) and Ryan Bounds (CA9/OR). There are seven nominees awaiting a committee hearing: Britt Grant (CA11/GA), Paul Matey (CA3/NJ), David Porter (CA3/PA), Marvin Quattelbaum (CA4/SC), Julius Richardson (CA4/SC), Richard Sullivan (CA2/NY), and Ryan Nelson (CA9/ID) (whose nomination was just announced and might not yet have reached the Senate).
5 CA9: 3 in CA, 1 each in AZ and WA
Additional appellate vacancies in the near future are most likely to arise from decisions by sitting judges to retire or take senior status. On the premise that a judge is most likely to retire or take senior status when the president is of the same party as the president who appointed the judge, I list here the thirty Republican-appointed federal appellate judges who are currently eligible to retire or, in those instances in which I include dates, will soon be:
CA4/NC: Duncan (Aug. 2018)
CA5/MS: Southwick (Feb. 2019)
CA6/MI: Griffin (Apr. 2019)
CA8/AR: Shepherd (Oct. 2019)
CA9/CA: M. Smith
CA9/NV: Bybee (Oct. 2018)
CA11/AL: E. Carnes
CAFedCir: Lourie, Newman, and Prost
I emphasize that by listing these names I do not mean to suggest that any particular individual should retire.
(I may well have made some mistakes in this post. I welcome any corrections.)