Bench Memos

Law & the Courts

Judicial-Nominations Update

The Senate began its August recess at the end of last week, but not before Mitch McConnell filed for cloture on five district court nominees. Since the June 24 confirmation of Cory Wilson to the Fifth Circuit, President Trump and the Senate have filled all federal appellate vacancies, so only lower court vacancies remain to be filled at this point. But there still remains much work to be done on that front.

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

Current and known future vacancies: 81

Courts of Appeals: 0

District/Specialty Courts*: 81

Pending nominees for current and known future vacancies: 48

Courts of Appeals: 0

District/Specialty Courts*: 48

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
None

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: 24

Courts of Appeals: 0

District/Specialty Courts*: 24

Days Pending

  • # of pending nominees originally nominated > 600 days ago: 4
  • # of pending nominees originally nominated > 500 days ago: 4
  • # of pending nominees originally nominated > 400 days ago: 5
  • # of pending nominees originally nominated > 300 days ago: 13

All Nominees (via Judiciary Committee) Confirmed by the Senate during the 116th Congress: 124

Supreme Court: 0

Courts of Appeals: 23

District/Specialty Courts*: 101

All Nominees (via Judiciary Committee) Confirmed by the Senate since Inauguration Day209

Supreme Court: 2

Courts of Appeals: 53

District/Specialty Courts*: 154

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

All Article III Nominees Confirmed by the Senate since Inauguration Day: 203

Supreme Court: 2

Courts of Appeals: 53

District/International Trade Courts: 148

Most Popular

U.S.

Systemic Racism? Make Them Prove It.

I  worked in the criminal-justice system for a quarter century. It is run, day-to-day, by the crème de la crème of graduates from America’s top law schools. Those institutions wear their progressive bona fides on their sleeves and proclaim it for all the world to hear. In their offhand rhetoric — ... Read More
U.S.

Systemic Racism? Make Them Prove It.

I  worked in the criminal-justice system for a quarter century. It is run, day-to-day, by the crème de la crème of graduates from America’s top law schools. Those institutions wear their progressive bona fides on their sleeves and proclaim it for all the world to hear. In their offhand rhetoric — ... Read More

The Secret Life of Joe Biden

In a classic episode of Seinfeld, Jerry is accused by his new girlfriend, a police officer, of being a fan of the tacky 1990s soap opera Melrose Place. When Jerry lies and denies it, she suggests putting him on a polygraph to find the truth. In an effort to beat the machine, Jerry seeks the advice of his ... Read More

The Secret Life of Joe Biden

In a classic episode of Seinfeld, Jerry is accused by his new girlfriend, a police officer, of being a fan of the tacky 1990s soap opera Melrose Place. When Jerry lies and denies it, she suggests putting him on a polygraph to find the truth. In an effort to beat the machine, Jerry seeks the advice of his ... Read More
Law & the Courts

Replacing Ginsburg

While we did not agree with many of Justice Ruth Bader Ginsburg’s views about the Constitution or the judicial function, we never doubted her industry, dedication, gumption, civility, or patriotism. We send our condolences to all who mourn her passing. Justice Ginsburg almost certainly had more fans than any ... Read More
Law & the Courts

Replacing Ginsburg

While we did not agree with many of Justice Ruth Bader Ginsburg’s views about the Constitution or the judicial function, we never doubted her industry, dedication, gumption, civility, or patriotism. We send our condolences to all who mourn her passing. Justice Ginsburg almost certainly had more fans than any ... Read More
Law & the Courts

Barr Is Right About the Prosecution Power

Attorney General Bill Barr gave a speech at Hillsdale College on Wednesday that attracted a lot of attention. Much of that attention was for his ill-considered remark (in a question-and-answer session following the speech) that "Other than slavery, which was a different kind of restraint, [the pandemic lockdowns ... Read More
Law & the Courts

Barr Is Right About the Prosecution Power

Attorney General Bill Barr gave a speech at Hillsdale College on Wednesday that attracted a lot of attention. Much of that attention was for his ill-considered remark (in a question-and-answer session following the speech) that "Other than slavery, which was a different kind of restraint, [the pandemic lockdowns ... Read More