Bench Memos

Law & the Courts

Judicial Nominations Update

The Senate has been out of session since October 12th, and will not return until next Tuesday, November 13th.  During the recess, the Senate Judiciary Committee has held nomination hearings for several judicial nominees—including Allison Jones Rushing (4th Circuit) and Eric Miller (9th Circuit)—who were originally slated for hearings in late September and early October.  The hearings were held during the recess as a result of an agreement that Chairman Chuck Grassley reached with Ranking Member Dianne Feinstein after Senator Feinstein requested the postponement of the hearings.

Next Wednesday, the Committee is slated to have a hearing on the nomination of Paul Matey, President Trump’s nominee to the Third Circuit.  Mr. Matey has been waiting 209 days for a hearing.

Here is an update on the status of President Trump’s federal judicial nominations:

Current and known future vacancies:  155

Courts of Appeals:  15

District/Specialty Courts*: 140

Pending nominees for current and known future vacancies:  72

Courts of Appeals:  12

District/Specialty Courts*:  60

* Includes the Court of Federal Claims and the International Trade Court

Court of Appeals Nominees Awaiting Senate Judiciary Committee Hearings

Nominee (Circuit) Nomination Date Days Pending Both Blue Slips Returned? Judiciary Committee Hearing Date
Paul Matey (3rd) 4/12/2018 209 No 11/14/2018
Joseph Bianco (2nd) Pending † Pending† No Not yet scheduled
Michael Park (2nd) Pending † Pending† No Not yet scheduled
Patrick Bumatay (9th) Pending † Pending† No Not yet scheduled
Dan Collins (9th) Pending † Pending† No Not yet scheduled
Ken Lee (9th) Pending † Pending† No Not yet scheduled

†The Senate formally receives nominations only when it is in session.  The President announced his intent to nominate the above-referenced Second and Ninth Circuit nominees on October 10, 2018.

Court of Appeals Nominees Awaiting Senate Judiciary Committee Votes

Nominee (Circuit) Nomination Date Days Pending Judiciary Committee Hearing Date
Eric Murphy (6th) 6/18/2018 142 10/10/2018
Chad Readler (6th) 6/18/2018 142 10/10/2018
Eric Miller (9th) 7/19/2018 111 10/24/2018
Bridget Shelton Bade (9th) 8/27/2018 72 10/24/2018
Allison Jones Rushing (4th) 8/27/2018 72 10/17/2018

Court of Appeals Nominees Awaiting Senate Floor Votes

Nominee (Circuit) Nomination Date Days Pending Date Reported to Senate Floor
Jonathan Kobes (8th) 6/11/2018 149 10/11/2018

 Nominees Awaiting Floor Votes: 34

Courts of Appeals:  1

District/Specialty Courts:  33

Nominees Confirmed by the Senate: 84

Supreme Court: 2

Courts of Appeals: 29

District/Specialty Courts:  53

Carrie Severino is chief counsel and policy director to the Judicial Crisis Network.

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