Bench Memos

Law & the Courts

Judicial-Nominations Update

The number of judicial vacancies continues to gradually tick downward.  Last week the Senate voted to confirm four more judicial nominees, including Dan Bress, President Trump’s newest court of appeals judge on the Ninth Circuit. This week the Senate is in session again and poised to confirm Peter Phipps to a vacant seat on the Third Circuit.  Phipps’ confirmation vote is currently scheduled for 3:00pm today.  If confirmed, Phipps would be the 43rd circuit court judge confirmed since Inauguration Day.

On Wednesday, the Senate Judiciary Committee is slated to have a nominations hearing, with the nominees still to be announced as of this writing.  On Thursday, the Committee will hold an executive business meeting to consider the nominations of several judicial nominees.

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

Current and known future vacancies:  141

Courts of Appeals:  6

District/Specialty Courts*: 135

Pending nominees for current and known future vacancies:  58

Courts of Appeals: 2

District/Specialty Courts*: 56

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

Court of Appeals Nominees Awaiting Senate Judiciary Committee Hearings

Nominee (Circuit) Original Nomination

Date

Days Since Original Nomination Both Blue Slips Returned? Judiciary Committee Hearing Date
Halil Suleyman “Sul” Ozerden 6/24/19 22 Yes TBD

Court of Appeals Nominees Awaiting Senate Judiciary Committee Votes

Nominee (Circuit) Original Nomination Date Days Since Original Nomination Judiciary Committee Hearing Date
None

Court of Appeals Nominees Awaiting Senate Floor Votes

Nominee (Circuit) Nomination Date Days Since Original Nomination Date Reported to Senate Floor
Peter Phipps (3rd) 5/13/2019 64 6/20/2019

Nominees Awaiting Floor Votes: 40

Courts of Appeals: 0

District/Specialty Courts: 40

Days Pending

  • # of pending nominees originally nominated > 500 days ago: 0
  • # of pending nominees originally nominated > 400 days ago: 12
  • # of pending nominees originally nominated > 300 days ago: 17

Nominees Confirmed by the Senate during the 116th Congress: 44

Supreme Court: 0

Courts of Appeals: 12

District/Specialty Courts: 32

Nominees Confirmed by the Senate since Inauguration Day: 129

Supreme Court: 2

Courts of Appeals: 42

District/Specialty Courts: 85

 

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

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