Bench Memos

Law & the Courts

Judicial-Nominations Update

The District of Columbia Court of Appeals in Washington, D.C., September 1, 2020 (Andrew Kelly/Reuters)

The Senate has wrapped up the work of the 116th Congress. So it is fitting to review the current numbers on judicial nominations. As I have pointed out on a number of occasions, this administration ranks among the most impactful of any over the span of a four-year term in shaping the judiciary.

And there is still time to confirm additional Trump nominees. Although pending nominations will be automatically returned to the president by the operation of Senate rules, they can be resubmitted during the 117th Congress, which begins on Sunday, at which point those nominees who have had hearings can be processed without having to redo the hearings. Of course, the window to do so will close on January 20 with the end of the presidential term. Note that eight of the twelve nominees who have now been waiting over 300 days since they were first nominated are district court nominees in either California or New York whose nominations have been blocked by at least one Democratic home-state senator who has refused to return a blue slip.

Below is a full update on the status of President Trump’s judicial nominations through the end of the 116th Congress.

Current and known future vacancies: 54

Supreme Court: 0

Courts of Appeals:  2

District/Specialty Courts*: 52

Pending nominees for current and known future vacancies: 27

Courts of Appeals: 1

District/Specialty Courts*: 26

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
Raúl M. Arias-Marxuach (1st) 11/30/20 33 12/16/20

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: 4

Courts of Appeals: 0

District/Specialty Courts*: 4

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: 11
  • # of pending nominees originally nominated > 300 days ago: 12

All Nominees (via Judiciary Committee) Confirmed by the Senate during the 116th Congress: 160

Supreme Court: 1

Courts of Appeals: 24

District/Specialty Courts*: 135

All Nominees (via Judiciary Committee) Confirmed by the Senate since Inauguration Day245

Supreme Court: 3

Courts of Appeals: 54

District/Specialty Courts*: 188

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

All Article III Nominees Confirmed by the Senate since Inauguration Day: 234

Supreme Court: 3

Courts of Appeals: 54

District/International Trade Courts: 177

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