Since the Senate returned from August recess, it has been pushing aggressively on the judicial nominations front, with five circuit judges and a district judge confirmed since last week. Democrats got a bit too aggressive for their own good. On Tuesday, they pushed a vote on Third Circuit nominee Arianna Freeman, who had no support among any Republican senators, while two Democratic senators were absent. After realizing that there were insufficient votes to confirm her, Majority Leader Chuck Schumer changed his vote to no in order to be able to move to reconsider her nomination under Senate procedure. She was defeated by a 47–50 vote, and it is unclear if or when the Senate will act on Schumer’s motion to reconsider.

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

Current and known future vacancies: 116

Supreme Court: 0

Courts of Appeals: 18

District/Specialty Courts*: 98

Pending nominees for current and known future vacancies†: 56

Courts of Appeals: 14

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 Julie Rikelman (1st) 8/1/22 46 Yes Not yet scheduled Maria Araujo Kahn (2nd) 8/1/22 46 Yes Not yet scheduled DeAndrea G. Benjamin (4th) 9/6/22 10 No Not yet scheduled Jabari Wamble (10th) 9/6/22 10 No Not yet scheduled Anthony Johnstone (9th) 9/6/22 10 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 Tamika Montgomery-Reeves (3rd) 7/11/22 67 9/7/22 Cindy K. Chung (7th) 7/12/22 66 9/7/22

Court of Appeals Nominees Awaiting Senate Floor Votes‡

Nominee (Circuit) Original Nomination Date Days Since Original Nomination Date Reported to Senate Floor Arianna J. Freeman (3rd) 1/19/22 240 Discharged from the Judiciary Committee on 6/22/22 after failing to report favorably 4/4/22; not confirmed in 9/13/22 Senate vote; motion to reconsider nomination pending Florence Y. Pan (DC) 5/25/22 114 7/21/22 Doris L. Pryor (7th) 5/25/22 114 8/4/22 Bradley N. Garcia (D.C.) 6/15/22 93 9/15/22 Dana M. Douglas (5th) 6/15/22 93 9/15/22

Nominees Awaiting Floor Votes: 17

Courts of Appeals: 5

District/Specialty Courts*: 12

All Nominees (via Judiciary Committee) Confirmed by the Senate during the 117th Congress: 84

Supreme Court: 1

Courts of Appeals: 23

District/Specialty Courts*: 60

All Nominees (via Judiciary Committee) Confirmed by the Senate since Inauguration Day: 84

Supreme Court: 1

Courts of Appeals: 23

District/Specialty Courts*: 60

All Article III Nominees Confirmed by the Senate since Inauguration Day: 82

Supreme Court: 1

Courts of Appeals: 23

District/International Trade Courts: 58

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

† The vacancy and nominee counts include Jorge Rodriguez, the nominee to replace Judge David N. Hurd of the Northern District of New York after he notified the president of his intent to take senior status, but over the summer, the judge rescinded his decision

‡ Eleventh Circuit nominee Nancy Abudu and Sixth Circuit nominee Rachel Bloomekatz failed to report favorably out of committee