Bench Memos

Law & the Courts

Judicial-Nominations Update

Today marks exactly one year of the Biden presidency. On the judicial nominations front, as on the legislative front, the administration has been catering to far-left dark-money groups, even picking nominees who made their careers in such organizations. Democrats are expected to advance a floor vote on one such nominee, Dale Ho, despite every Senate Judiciary Committee Republican voting no on his nomination. But at least to date, no Senate Democrat has been a voice for moderation—not even Joe Manchin or Kyrsten Sinema, who have been making headlines for not letting the administration have its way on legislation.

Yesterday the White House announced eight additional judicial nominees, Arianna J. Freeman for the Third Circuit and seven additional picks at the district court level. Today the Senate voted to confirm Holly A. Thomas to the Ninth Circuit.

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

Current and known future vacancies: 111

Supreme Court: 0

Courts of Appeals: 19

District/Specialty Courts*: 92

Pending nominees for current and known future vacancies: 39

Courts of Appeals: 6

District/Specialty Courts*: 33

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
Nancy Abudu (11th) 1/10/22 10 Yes Not yet scheduled
Julianna Childs (DC) 1/10/22 10 N/A Not yet scheduled
Arianna J. Freeman (3rd) 1/19/22 1 No Not yet scheduled

Court of Appeals Nominees Awaiting Senate Judiciary Committee Votes 

Nominee (Circuit) Original Nomination Date Days Since Original Nomination Judiciary Committee Hearing Date
Andre B. Mathis (6th) 11/18/2021 63 1/12/22

Court of Appeals Nominees Awaiting Senate Floor Votes 

Nominee (Circuit) Original Nomination Date Days Since Original Nomination Date Reported to Senate Floor
Leonard Stark (Federal) 11/3/21 78 1/13/22
Alison J. Nathan (2nd) 11/18/2021 63 12/15/2021

Nominees Awaiting Floor Votes:†

Courts of Appeals: 2

District/Specialty Courts*: 13

All Nominees (via Judiciary Committee) Confirmed by the Senate during the 117th Congress: 44

Supreme Court: 0

Courts of Appeals: 13

District/Specialty Courts*: 31

All Nominees (via Judiciary Committee) Confirmed by the Senate since Inauguration Day: 44

Supreme Court: 0

Courts of Appeals: 13

District/Specialty Courts*: 31

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

 Totals do not include three district court nominees who received a tie vote in committee this morning but are expected to be discharged by a vote of the full Senate.

All Article III Nominees Confirmed by the Senate since Inauguration Day: 42

Supreme Court: 0

Courts of Appeals: 13

District/International Trade Courts: 29

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