On The Bench: Week of October 5, 2023

During the condensed work week, the Senate made some progress on judicial nominations. The Senate confirmed Magistrate Judge Brendan Hurson (D. Md.) in a 53-44 vote, and Susan DeClercq (E.D. Mich.) in a 52-42 vote. After these confirmations, there are still 24 Article III nominees awaiting floor votes. Before leaving for a brief recess, Majority Leader Chuck Schumer filed cloture on 2 Article III nominees: Magistrate Judge Jennifer Hall (D. Del.) and Judge Julia Munley (M.D. Pa.). The cloture vote on Magistrate Judge Hall is scheduled for the evening of October 16.

On Wednesday, the Senate Judiciary Committee held a hearing for 5 Article III nominees: Magistrate Judge John Kazen (S.D. Tex.), Micah Smith (D. Haw.), Magistrate Judge Mustafa Kasubhai (D. Or.), Judge Shanlyn Park (D. Haw.), and Jamel Semper (D.N.J.). These nominees are now eligible for a committee vote.

Also on Wednesday, the White House announced the next slate of judicial nominees. The slate contained 3 Article III nominees: Seth Aframe (1st Cir.), Magistrate Judge Edward Kiel (D.N.J.), and Sarah Russell (D. Conn.).

As of October 5, there are 93 Article III vacancies, 68 of which are current. Once the new nominees are officially nominated, there will be 36 pending nominees: 24 waiting for floor votes, 6 waiting to be reported out of the Senate Judiciary Committee, and 6 waiting for hearings before the Committee. To date, 145 Article III judges have been confirmed during the Biden-Harris Administration.