Last week, the Senate began its mid-summer recess. The Senate is scheduled to return to session on July 10. 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 White House announced the next slate of judicial nominations this week. The slate consisted of 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 will likely receive a hearing in the coming weeks.
As of June 29, 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.
The Senate made some progress on judicial nominations this week. As of this writing, there have been 2 Article III confirmations: Julie Rikelman (1st Cir.) in a 51-43 vote, and Natasha Merle (E.D.N.Y.) in a 50-49 vote. With these confirmations, there are still 17 nominees waiting on the Senate floor for cloture and confirmation votes.
The Senate is scheduled to go on recess from June 24 through July 9. Once the Senate returns from the mid-summer recess, there are only three work weeks scheduled before the Senate leaves for the August recess. This potentially could lead to a real slowdown in judicial confirmations.
As of June 22, there are 87 Article III vacancies, 71 of which are current. There are 25 pending nominees: 17 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 136 Article III judges have been confirmed during the Biden-Harris Administration.
Caroline McNamara, Staff Attorney, American Civil Liberties Union of Florida; ACS Next Generation Leader
Caroline McNamara (she/her) Staff Attorney, American Civil Liberties Union of Florida; ACS Next Generation Leader
I've been practicing law, mostly federal court litigation, for almost fifteen years. The American Constitution Society has been part of my journey from the beginning, when I joined the University of Washington student chapter as a 1L back in 2006. During my 2L year I served as Chapter President, and I became a Next Generation Leader in 2009. From there I ventured north to Alaska for a federal clerkship, then spent a decade as a commercial litigator in New York City and Denver. But the best stage yet of my career began in January 2022, when I returned to my original hometown—Miami, Florida—to join the American Civil Liberties Union of Florida as a Staff Attorney. I am proud of the work we're doing on the front lines of our societal battle over our rights, our democracy, our health, and our humanity.
I joined the ACLU of Florida specifically to protect our right to vote, and we have won important victories over the last eighteen months in each of Florida's three federal judicial districts. In Tallahassee we invalidated a discriminatory state law that severely limited the ability of citizen ballot initiatives to raise money for the massively expensive undertaking of qualifying a constitutional amendment for the Florida general election ballot. That victory feeds directly into the current campaign by Floridians Protecting Freedom to protect our right to abortion. In Jacksonville, we brought suit to end forty years of racially gerrymandering the City Council districts. That lawsuit resulted in a final settlement last month approving a map offered by our clients—the same map used in the spring 2023 municipal elections held under the preliminary injunction we won late last year. And in Miami, we are currently working to end thirty years of racially discriminatory City Commission districts, as we enforce the preliminary injunction our clients received last month striking down the map approved by the Commission in 2022.
These victories have provided a beacon of hope cutting through the dark cloud of authoritarianism that shrouds Florida. We're fighting on many fronts down here. I'm especially proud of the appellees' brief we just filed with the Eleventh Circuit in Pernell v. Lamb, defending the preliminary injunction we won last year to preserve the right of Florida's state universities to teach about systemic racism and its impact across American history. Go read our brief (CA11 docket 23-13992) and see why I'm so proud to be on this team.
But I'm also trans. When I left Denver for Miami, many questioned the wisdom of returning to Florida. I knew that Florida and neighboring states treated their trans residents with hostility and contempt—that's why I left in the first place—but that only strengthened my resolve to do this work right here right now. I learned the hard way that hiding yourself won't help you either personally or in your legal career. I tried to live as someone I wasn't. I tried to practice law while wearing a mask. I thought I was doing what I was supposed to be doing. No. Be yourself. Your clients need you. They need all of you. We need all of you. And the American Constitution Society is here to support you along the way.
The Senate made significant progress on judicial nominations this week. As of this writing, there have been 4 Article III confirmations: Dale Ho (S.D.N.Y.) in a 50-49 vote, Judge Hernán Vera (C.D. Cal.) in a 51-48 vote, Nusrat Choudhury (E.D.N.Y.) in a 50-49 vote, and P. Casey Pitts (N.D. Cal.) in a 53-46 vote. Several of these nominees had been pending for well over a year, marking a potential breakthrough in the backlog of nominees on the Senate floor.
The Senate also invoked cloture on Julie Rikelman (1st Cir.), setting up a potential confirmation vote as early as next week.
As of June 15, there are 89 Article III vacancies, 72 of which are current. There are 27 pending nominees: 19 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 134 Article III judges have been confirmed during the Biden-Harris Administration.
In other judiciary news, the Senate Judiciary Committee’s Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights held a hearing on the Supreme Court Ethics, Recusal, and Transparency Act of 2023. The hearing primarily focused on the new recusal standards outlined in the proposed legislation.
The Senate made limited progress on judicial nominations this week. As of this writing, there have been no Article III nominees confirmed. Late last week, Majority Leader Schumer filed cloture on Dale Ho (S.D.N.Y.). On Wednesday, the cloture motion was withdrawn. Media reports indicate the cloture motion was withdrawn due to attendance issues within the Democratic Caucus.
On Wednesday, the Senate Judiciary Committee held a hearing for 4 Article III nominees: Judge Loren AliKhan (D.D.C.), Susan DeClercq (E.D. Mich.), Judge Julia Munley (M.D. Pa.), and Judge Vernon Oliver (D. Conn.). These four nominees are now eligible for a committee vote. On Thursday, the Committee held an executive business meeting where it advanced 2 Article III nominees to the Senate floor: Judge Ana de Alba (9th Cir.) and Judge Irma Ramirez (5th Cir.). With these 2 nominees advancing and no confirmations this week, there are now 23 nominees on the Senate floor awaiting cloture and confirmation votes.
The White House announced a small slate of judicial nominees this week, including 2 district court nominees: Jerry Edwards, Jr. (W.D. La.) and Brandon Long (E.D. La.). Even with this announcement, there are officially still 62 Article III vacancies without an announced nominee.
As of June 8, there are 93 Article III vacancies, 74 of which are current. Once the new nominees are officially nominated, there will be 31 pending nominees: 23 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 130 Article III judges have been confirmed during the Biden-Harris Administration.
With the debt ceiling looming over Congress, there was limited progress on judicial nominations this week. As of this writing, there has only been one Article III confirmation: Darrel Papillion (E.D. La.) in a 59-31 vote. There are still 21 nominees pending on the floor, waiting for cloture and confirmation votes.
On Thursday, the Senate Judiciary Committee held an executive business meeting. At the markup, the Committee held over two nominees: Judge Ana de Alba (9th Cir.) and Judge Irma Ramirez (5th Cir.). Both will now likely receive a vote at the next executive business meeting.
As of June 1, there are 92 Article III vacancies, 72 of which are current. There are 29 pending nominees: 21 waiting for floor votes, 2 waiting to be reported out of the Senate Judiciary Committee, and 6 waiting for hearings before the Committee. To date, 130 Article III judges have been confirmed during the Biden-Harris Administration.
