On The Bench: Week January 26, 2023

Earlier this week, the White House published the latest list of judicial renominations. The slate included nearly every nominee who was still pending at the end of the last Congress. Two nominees were not renominated: Judge William Pocan (E.D. Wis.) and Jabari Wamble (10th Cir.). In speaking with the press, the White House indicated that, while it will not be renominating Pocan at this time, it does expect to renominate Wamble at a later date.

The Senate Judiciary Committee resumed judicial nominations activity this week. On Wednesday, the Committee held the first hearing of the new Congress. The hearing had five Article III nominees: Charnelle Bjelkengren (E.D. Wash.), Orelia Merchant (E.D.N.Y.), Magistrate Judge Matthew Brookman (S.D. Ind.), Michael Farbiarz (D.N.J.), and Judge Robert Kirsch (D.N.J.). All five nominees are now eligible for a committee vote.

On Thursday, the Committee held the first executive business meeting of the session. The Committee held over 25 Article III nominees who had been renominated by the White House. These nominees could receive a committee vote as soon as next Thursday.

Judge William Orrick III (N.D. Cal.) has announced his intention to take senior status this May. This is the fourth vacancy on the U.S. District Court for the Northern District of California.

As of January 26, there are 113 Article III vacancies, 85 of which are current. There are 48 pending nominees: 0 waiting for floor votes, 44 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 97 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week January 19, 2023

With the Senate set to return from the January recess next week, the White House announced the next slate of judicial nominees. The new slate included four Article III nominees: Michael Delaney (1st Cir.), Judge Amanda Brailsford (D. Idaho), Magistrate Judge Jeffrey Cummings (N.D. Ill.), and Judge LaShonda Hunt (N.D. Ill.). If confirmed, Brailsford would be the first woman to ever serve as a district court judge for the U.S. District Court for the District of Idaho.

When the Senate returns next week, the Senate Judiciary Committee is set to resume advancing judicial nominees. On Wednesday, the Committee has noticed a hearing. As of January 19, the nominees who will appear at this hearing are not public, but it is likely that several judicial nominees will appear. It is also likely that the Committee will hold an executive business meeting on Thursday.

Judge Karen Schrier (D.S.D.) has announced her intention to take senior status at a later date. This is the second vacancy on the U.S. District Court for the District of South Dakota.

As of January 19, there are 112 Article III vacancies, 85 of which are current. There are 28 pending nominees: 0 waiting for floor votes, 25 waiting to be reported out of the Senate Judiciary Committee, and 3 waiting for hearings before the Committee. To date, 97 Article III judges have been confirmed during the Biden-Harris Administration.

Indiana University Maurer School of Law

The Indiana University Maurer School of Law Chapter of ACS is honored to be recognized as Student Chapter of the Week!

To kick off the fall semester, they hosted their annual Supreme Court term preview featuring Maurer’s very own constitutional law professors (and ACS Faculty Advisors) Steve Sanders and Luis Fuentes-Rohwer alongside Beth Cate, professor at the O’Neill School of Public and Environmental Affairs.

In preparation for the 2022 midterm election, Maurer ACS hosted a watch party for the Indiana U.S. Senate debate and displayed voter registration and election information during the week prior to Indiana’s voter registration deadline.

They also hosted a luncheon with Linda Greenhouse, Pulitzer Prize-winning reporter who covered the Supreme Court for nearly three decades for The New York Times. Greenhouse shared her reflections from nearly 45 years of watching the Supreme Court.

Maurer ACS partnered with the National Lawyers Guild to host law professor and author Dan Canon for a discussion of his book, Pleading Out, which looks at how plea bargaining exposes greater problems with America’s criminal justice system.

To conclude the semester, the Maurer ACS chapter had the absolute honor and pleasure of hosting Ron Klain, Assistant to the President and the White House Chief of Staff under President Joe Biden. Mr. Klain talked to attendees about his career, advice for law students interested in politics, and the importance of public service.

Maurer ACS is led by a dedicated team of 1Ls, 2Ls, and 3Ls. They would like to thank the law school faculty and staff as well as ACS National for their continued guidance and support.


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On The Bench: Week January 12, 2023

The Senate made no progress on judicial nominations this week, as the lengthy January recess is still underway. The Senate is set to return on January 23, and the expectation is that judicial nominations activity will resume then.

According to reports, Judge Paul Watford (9th Cir.) is set to resign on May 31. Judge Watford is resigning from the bench well before becoming eligible for senior status. This will be the fourteenth current or known future vacancy at the circuit court level. If all the nominees from the last Congress are renominated, this will be the fifth circuit court vacancy without an announced nominee.

As of January 12, there are 111 Article III vacancies, 85 of which are current. There are 28 pending nominees: 0 waiting for floor votes, 25 waiting to be reported out of the Senate Judiciary Committee, and 3 waiting for hearings before the Committee. To date, 97 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of January 5, 2023

The Senate briefly marked the start of the 118th Congress this week before leaving town for the January recess. With the Senate back in session, the White House announced the renomination of a majority of the nominees who were still pending at the end of the last Congress. More renominations are likely to come later this month. The expectation is the nominees who have been renominated will need a new vote out of the Senate Judiciary Committee but will not need to have a new hearing.

In late December, the White House announced its intent to nominate 6 new Article III nominees: Magistrate Judge Matthew Brookman (S.D. Ind.), Michael Farbiarz (D.N.J.), Judge Marian Gaston (S.D. Cal.), Judge Wesley Hsu (C.D. Cal.), Judge Robert Kirsch (D.N.J.), and Mónica Ramírez Almadani (C.D. Cal.). Brookman, Farbiarz, and Kirsch were officially nominated with the group of renominations earlier this week.

As of January 5, there are 111 Article III vacancies, 84 of which are current. There are 28 pending nominees: 0 waiting for floor votes, 25 waiting to be reported out of the Senate Judiciary Committee, and 3 waiting for hearings before the Committee. To date, 97 Article III judges have been confirmed during the Biden-Harris Administration

University of Michigan School of Law

The Michigan Law Chapter of ACS is excited to be recognized as Student Chapter of the Week!

On the cusp of an important midterm election and a critical SCOTUS term, ACS at Michigan Law has centered events around the actions progressive lawyers can take to protect our democracy.

Following an energizing first meeting on what it means to be a progressive lawyer with Professor Barbara McQuade, ACS hosted a SCOTUS term preview event with Professor Leah Litman, a co-host on Crooked Media’s Strict Scrutiny podcast.

The next event of the year featured Congresswoman Debbie Dingell, Deputy Legal Director of the ACLU Michigan Bonsitu Kitaba, and Professor Ellen Katz on “Protecting the Right to Vote.” In partnership with the Michigan Voting Project, ACS hopes to encourage students to participate in this upcoming election as both voters and volunteer poll workers.

ACS is also delighted to host Congressman Jamie Raskin, who serves on the House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol, and Congresswoman Debbie Dingell for a Q&A on protecting the fabric of American Democracy.

ACS at MLaw is led by a dedicated team of 2Ls, as well as several 3L and 1L representatives. ACS at MLaw would like to thank their incredible faculty sponsor, Barbara McQuade, for all of the guidance and support she has provided this year. They would also like to thank their general members and campus partners for creating exciting opportunities for a student body that wants to see a positive change in its legal community.


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