Bench Memos

Law & the Courts

Judicial Nominations Update

Last week, D.C. Circuit judge Thomas Griffith announced that he will retire in September, giving President Trump the opportunity to appoint a third judge to that court. Given that there are no home state senators with whom the White House will need to consult, we should expect to see the process of filling Judge Griffith’s seat move very quickly.

Senate majority leader Mitch McConnell has managed to whittle down the once-long list of pending nominees on the Senate floor to just nine, and the confirmation of the 200th Trump judicial nominee is quickly approaching.

Later this week, the Senate Judiciary Committee will hold an executive business meeting to consider several judicial nominations, including six district and three federal claims court nominees.

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

Current and known future vacancies: 88

Courts of Appeals: 2

District/Specialty Courts*: 86

Pending nominees for current and known future vacancies: 42

Courts of Appeals: 0

District/Specialty Courts*: 42

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
None

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
None

Nominees Awaiting Floor Votes: 9

Courts of Appeals: 0

District/Specialty Courts*: 9

Days Pending

  • # of pending nominees originally nominated > 600 days ago: 1
  • # of pending nominees originally nominated > 500 days ago: 1
  • # of pending nominees originally nominated > 400 days ago: 3
  • # of pending nominees originally nominated > 300 days ago: 3

Nominees Confirmed by the Senate during the 116th Congress: 114

Supreme Court: 0

Courts of Appeals: 21

District/Specialty Courts*: 93

Nominees Confirmed by the Senate since Inauguration Day: 199

Supreme Court: 2

Courts of Appeals: 51

District/Specialty Courts*: 146

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

Most Popular

Politics & Policy

Goodbye, Green New Deal

What will happen next with the coronavirus epidemic is unknown, but it seems certain to claim one very high-profile victim: the so-called Green New Deal. Good riddance. The current crisis in the U.S. economy is, in miniature but concentrated form, precisely what the Left has in mind in response to climate ... Read More
Politics & Policy

Goodbye, Green New Deal

What will happen next with the coronavirus epidemic is unknown, but it seems certain to claim one very high-profile victim: the so-called Green New Deal. Good riddance. The current crisis in the U.S. economy is, in miniature but concentrated form, precisely what the Left has in mind in response to climate ... Read More
Elections

Will Biden Live Up to His Own Principles?

In the midst of the Democrats’ campaign to deny Brett Kavanaugh confirmation to the Supreme Court, Lawfare’s editor in chief, Benjamin Wittes, took to the pages of The Atlantic to argue that traditional concepts of due process were not applicable under the circumstances. Justice, he wrote, was merely an ... Read More
Elections

Will Biden Live Up to His Own Principles?

In the midst of the Democrats’ campaign to deny Brett Kavanaugh confirmation to the Supreme Court, Lawfare’s editor in chief, Benjamin Wittes, took to the pages of The Atlantic to argue that traditional concepts of due process were not applicable under the circumstances. Justice, he wrote, was merely an ... Read More