Bench Memos

Law & the Courts

Judicial-Nominations Update

President Donald Trump delivers remarks at a campaign rally in Bossier City, La., November 14, 2019. (Tom Brenner/Reuters)

Today, yet another one of President Trump’s judicial nominees, Robert Luck, was confirmed to the Eleventh Circuit.  Luck’s confirmation follows that of Steven Menashi, who last Thursday was confirmed to the Second Circuit. Mr. Menashi and Mr. Luck are the 46th and 47th federal court of appeals judges appointed by President Trump, respectively.  And with the confirmation of Menashi, the Second Circuit has flipped from majority Democrat-appointed active judges to majority Republican-appointed active judges.

And that’s not all: Senate Majority Leader Mitch McConnell has also filed for cloture (to end debate) on the nomination Barbara Lagoa, who is nominated to the Eleventh Circuit. Upon Lagoa’s confirmation, the Eleventh Circuit will likewise flip, as Lagoa succeeds Judge Stanley Marcus, a Clinton appointee.

Finally, the Senate Judiciary Committee will hold a markup on Thursday and is expected to vote on the nominations of Lawrence VanDyke and Patrick Bumatay, both nominated to the Ninth Circuit.

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

Current and known future vacancies: 116

Courts of Appeals:  6

District/Specialty Courts*: 110

Pending nominees for current and known future vacancies:  49

Courts of Appeals: 5

District/Specialty Courts*:  44

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
Andrew Brasher† Pending N/A N/A Not Yet Scheduled

The president announced his intent to nominate Andrew Brasher on November 6, 2019. His nomination has not yet been formally received by the Senate and is thus not included in the pending nominee count.

Court of Appeals Nominees Awaiting Senate Judiciary Committee Votes

Nominee (Circuit) Original Nomination Date Days Since Original Nomination Judiciary Committee Hearing Date
Halil Suleyman “Sul” Ozerden (5th) 6/24/19 148 7/17/19
Lawrence VanDyke (9th) 10/15/19 35 10/30/19
Patrick Bumatay (9th) 10/15/19 35 10/30/19

 Court of Appeals Nominees Awaiting Senate Floor Votes

Nominee (Circuit) Nomination Date Days Since Original Nomination Date Reported to Senate Floor
Barbara Lagoa (11th) 10/15/19

 

35 11/7/19
Robert Luck (11th) 10/15/19

 

35 11/7/19

 Nominees Awaiting Floor Votes: 28

Courts of Appeals: 2

District/Specialty Courts*: 26

Days Pending

  • # of pending nominees originally nominated > 500 days ago: 6
  • # of pending nominees originally nominated > 400 days ago: 6
  • # of pending nominees originally nominated > 300 days ago: 11

Nominees Confirmed by the Senate during the 116th Congress: 80

Supreme Court: 0

Courts of Appeals: 16

District/Specialty Courts*: 64

Nominees Confirmed by the Senate since Inauguration Day: 165

Supreme Court: 2

Courts of Appeals: 46

District/Specialty Courts*: 117

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

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

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