Author: Maude Carroll

The Senate returned from its August recess this week and resumed some judicial nominations activity. As of this writing, there have been no Article III confirmations this week, leaving 17 nominees still pending on the Senate floor awaiting cloture and confirmation votes.

On Wednesday, the Senate Judiciary Committee held a hearing for 4 Article III nominees: Magistrate Judge Joshua Kolar (7th Cir.), Richard Federico (10th Cir.), Judge Jeffrey Bryan (D. Minn.), and Judge Eumi Lee (N.D. Cal.). These nominees are now eligible for a committee vote.

Since the last On the Bench, the White House has announced two slates of judicial nominees. The slates have included 7 new Article III nominees: Colleen Holland (W.D.N.Y.), Magistrate Judge John Kazen (S.D. Tex.), Micah Smith (D. Haw.), Magistrate Judge Mustafa Kasubhai (D. Or.), Judge Shanlyn Park (D. Haw.), Jamel Semper (D.N.J.), and Kirk Sherriff (E.D. Cal.). These new slates continue this administration’s emphasis on diversifying the federal bench.

As of September 7, there are 95 Article III vacancies, 71 of which are current. Once the new nominees are officially nominated, there will be 38 pending nominees: 17 waiting for floor votes, 13 waiting to be reported out of the Senate Judiciary Committee, and 8 waiting for hearings before the Committee. To date, 140 Article III judges have been confirmed during the Biden-Harris Administration.

The Senate left for its August Recess last week and will not return until after Labor Day. When it returns, the Senate will have 17 Article III nominees waiting for it on the floor. Before leaving for the recess, Majority Leader Chuck Schumer did not file cloture on any judicial nominees.

On Monday, the current administration fell behind its predecessor on the number of federal judicial vacancies it has filled. President Biden has had 140 federal judges confirmed thus far, whereas former President Trump had had 144 judges confirmed by the end of July of his third year. For more on the pace of judicial confirmations, check out the last post on ACS’s Expert Forum.

As of August 3, there are 90 Article III vacancies, 69 of which are current. There are 31 pending nominees: 17 waiting for floor votes, 9 waiting to be reported out of the Senate Judiciary Committee, and 5 waiting for hearings before the Committee. To date, 140 Article III judges have been confirmed during the Biden-Harris Administration.

On the Bench will return when the full Senate is back from the August recess and judicial nominations activity resumes.

The Senate made very limited progress on judicial nominations this week. As of this writing, the Senate did not confirm any Article III nominees this week. Barring any late changes, the Senate is expected to leave for its August recess by the end of the week. The Senate will not return until after Labor Day, where it will have 17 Article III nominees still pending on the floor.

On Wednesday, the Senate Judiciary Committee held a hearing for 6 Article III nominees: Margaret Garnett (S.D.N.Y.), Magistrate Judge Jennifer Hall (D. Del.), Brandy McMillion (E.D. Mich.), Magistrate Judge Karoline Mehalchick (M.D. Pa.), Lisa Wang (Ct. Int’l Trade), and Joseph Laroski (Ct. Int’l Trade). These nominees are now eligible for a committee vote, which will likely happen sometime after the August recess.

On Thursday, the White House announced the next slate of judicial nominations. The slate contained 4 Article III nominees: Magistrate Judge Joshua Kolar (7th Cir.), Richard Federico (10th Cir.), Judge Jeffrey Bryan (D. Minn.), and Judge Eumi Lee (N.D. Cal.).

As of July 27, there are 90 Article III vacancies, 68 of which are current. Once the latest nominees are officially nominated, there will be 31 pending nominees: 17 waiting for floor votes, 9 waiting to be reported out of the Senate Judiciary Committee, and 5 waiting for hearings before the Committee. To date, 140 Article III judges have been confirmed during the Biden-Harris Administration.

The Senate made limited progress on judicial nominations this week. As of this writing, the Senate confirmed just 1 Article III nominee: Rachel Bloomekatz (6th Cir.) in a 50-48 vote. There are still 17 nominees pending on the Senate floor, waiting for cloture and confirmation votes.

The Senate Judiciary Committee held a markup on Thursday where it advanced one judicial nominee to the floor: Judge Julia Munley (M.D. Pa.). Judge Munley is now eligible for cloture and confirmation votes.

As of July 20, there are 90 Article III vacancies, 68 of which are current. There are 27 pending nominees: 17 waiting for floor votes, 3 waiting to be reported out of the Senate Judiciary Committee, and 7 waiting for hearings before the Committee. To date, 140 Article III judges have been confirmed during the Biden-Harris Administration.

In other judiciary news, the Senate Judiciary Committee on Thursday also voted on the Supreme Court Ethics, Recusal, and Transparency Act of 2023. The bill has several provisions, including requiring the Court to adopt a code of conduct for Justices, and strengthening recusal and financial disclosure standards for the Justices. The legislation passed through the Committee in an 11-10 vote. It is now eligible to be considered by the full Senate.

The Senate made some progress on judicial nominations this week, after returning from the mid-summer recess. Three Article III nominees were confirmed: Justice Myong Joun (D. Mass.) in a 52-46 vote, Kymberly Evanson (W.D. Wash.) in a 50-42 vote, and Tiffany Cartwright (W.D. Wash.) in a 50-47 vote. The Senate also invoked cloture on Rachel Bloomekatz (6th Cir.), setting up a potential confirmation vote next week.

The Senate Judiciary Committee held a hearing on Wednesday for 3 Article III nominees: Magistrate Judge Matthew Maddox (D. Md.), Jerry Edwards, Jr. (W.D. La.)      , and Brandon Long (E.D. La.). All three nominees are now eligible for a committee vote. On Thursday, the Committee held a markup where it advanced 3 Article III nominees to the Senate floor: Judge Loren AliKhan (D.D.C.), Susan DeClercq (E.D. Mich.), and Judge Vernon Oliver (D. Conn.).

As of July 13, there are 91 Article III vacancies, 68 of which are current. There are 28 pending nominees: 17 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 7 waiting for hearings before the Committee. To date, 139 Article III judges have been confirmed during the Biden-Harris Administration.

The Senate is scheduled to return from its mid-summer recess next week. Before leaving for the recess, Majority Leader Chuck Schumer filed cloture on two Article III nominees: Tiffany Cartwright (W.D. Wash.) and Kymberly Evanson (W.D. Wash.). Cartwright and Evanson are among 17 nominees – on the Senate floor waiting for cloture and confirmation votes. The Senate will likely hold the cloture and confirmation votes for both nominees next week.

While nothing is scheduled yet, the Senate Judiciary Committee will potentially hold a markup on Thursday, July 13.

As of July 6, there are 93 Article III vacancies, 71 of which are current. Once the new nominees are officially nominated, there will be 31 pending nominees: 17 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 10 waiting for hearings before the Committee. To date, 136 Article III judges have been confirmed during the Biden-Harris Administration.