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 Day: 245
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