Bench Memos

Law & the Courts

Judicial-Nominations Update

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The Senate has recessed for Thanksgiving break, but not before processing a number of judicial nominees. Five new trial judges were confirmed last week, four to various district courts and one to the Court of International Trade.

The Senate Judiciary Committee for its part held hearings on Wednesday for five nominees, including Thomas L. Kirsch II, who has been nominated to the Seventh Circuit seat vacated by Justice Amy Coney Barrett. Three other nominees have cloture motions pending on the Senate floor, so at least that many should be confirmed after the Senate returns next week.

Below is a full update on the status of President Trump’s judicial nominations.

Current and known future vacancies: 62

Supreme Court: 0

Courts of Appeals:  3

District/Specialty Courts*: 59

Pending nominees for current and known future vacancies: 36

Courts of Appeals: 1

District/Specialty Courts*: 35

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
Raúl M. Arias-Marxuach (1st)† Pending N/A N/A Not Yet Scheduled

†The president announced his intent to nominate Raúl M. Arias-Marxuach on November 13, 2020. 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
Thomas L. Kirsch II (7th) 11/16/20 7 11/18/20

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: 2
  • # of pending nominees originally nominated > 400 days ago: 9
  • # of pending nominees originally nominated > 300 days ago: 16

All Nominees (via Judiciary Committee) Confirmed by the Senate during the 116th Congress: 149

Supreme Court: 1

Courts of Appeals: 23

District/Specialty Courts*: 125

All Nominees (via Judiciary Committee) Confirmed by the Senate since Inauguration Day: 234

Supreme Court: 3

Courts of Appeals: 53

District/Specialty Courts*: 178

* Includes the Court of Federal Claims, Territorial Courts, and the International Trade Courts

All Article III Nominees Confirmed by the Senate since Inauguration Day: 227

Supreme Court: 3

Courts of Appeals: 53

District/International Trade Courts: 171

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