Bench Memos

Law & the Courts

Re: How Future Vacancies Could Transform the Federal Courts of Appeals

In my post yesterday, I presented the “Potential new” composition of each federal court of appeals on the farfetched assumption that all senior-eligible judges stepped down and were replaced by appointees of President Trump. Here I present the more pessimistic scenario in which no senior-eligible judges step down before the 2020 election and a Democratic president takes office in 2021 and is able to replace those judges. (My numbers assume that President Trump fills the current vacancies.)

D.C. Circuit, now 4 R, 7 D, would become 2 R, 9 D

First Circuit, now 2 R, 4 D, would become 1 R, 5 D

Second Circuit, soon to be 6 R, 7 D, would become 5 R, 8 D

Third Circuit, now 7 R, 6 D, 1 V, would become 7 R, 7 D

Fourth Circuit, now 6 R, 9 D, would become 3 R, 12 D

Fifth Circuit, now 11 R, 5 D, 1 V, would become 8 R, 9 D

Sixth Circuit, now 10 R, 6 D, would become 8 R, 8 D

Seventh Circuit, now 9 R, 2 D, would become 5 R, 6 D

Eighth Circuit, now 10 R, 1 D, would become 7 R, 4 D

Ninth Circuit, now 9 R, 16 D, 4 V, would become 8 R, 21 D

Tenth Circuit, now 5 R, 7 D, would become 4 R, 8 D

Eleventh Circuit, now 6 R, 6 D, would become 4 R, 8 D

Federal Circuit, now 4 R, 8 D, would become 1 R, 11 D

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