Bench Memos

More Judicial Vacancies on the Way

Right now, there are fourteen vacancies on the U.S. Courts of Appeal. More or on the way. Three more federal appellate judges — Judge Eugene Davis of the Fifth Circuit and Judges Richard Clifton and Diarmuid O’Scannlain of the Ninth Circuit – are scheduled to take senior status at year’s end, according to the Administrative Office of the United States. This means President-elect Donald Trump will have at least seventeen appellate vacancies awaiting his nominations when he takes office, and don’t be surprised if additional appellate vacancies open up in the first part of 2017. 

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.