On The Bench: Week February 23, 2023

With the Senate on recess this week, there was no progress on judicial nominations. When the Senate returns on Monday, it is set to take a cloture vote for Jamar Walker (E.D. Va.). This sets up the first of several potential confirmations next week.

The White House announced the next slate of judicial nominees this week. The slate had two Article III nominees: Jabari Wamble (D. Kan.) and Magistrate Judge Kato Crews (D. Colo.). Wamble had previously been nominated to the Tenth Circuit in the last Congress.

As of February 23, there are 108 Article III vacancies, 83 of which are current. Once the new nominees are officially nominated, there will be 46 pending nominees: 31 waiting for floor votes, 11 waiting to be reported out of the Senate Judiciary Committee, and 4 waiting for hearings before the Committee. To date, 105 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week February 16, 2023

The Senate made significant progress on judicial nominees this week. As of this writing, it has confirmed 7 Article III nominees: Cindy Chung (3d Cir.) in a 50-44 vote; Judge Gina R. Méndez-Miró (D.P.R.) in a 54-45 vote; Lindsay Jenkins (N.D. Ill.) in a 59-40 vote; Matthew Garcia (D.N.M.) in a 53-46 vote; Justice Adrienne Nelson (D. Or.) in a 52-46 vote; Ana Reyes (D.D.C.) in a 51-47 vote; and Judge Daniel Calabretta (E.D. Cal.) in a 51-45 vote. This wave of confirmations continues the Biden-Harris Administration’s emphasis on confirming diverse nominees to the federal bench.

In addition to continuing to diversify the federal bench, this week saw the 100th Article III confirmation during the Biden-Harris Administration. This administration reached this milestone faster than either of the two previous administrations. For more on this milestone, check out ACS’s Fact Sheet on the topic.

On Wednesday, the Senate Judiciary Committee held a hearing for 6 Article III nominees: Michael Delaney (1st Cir.), Magistrate Judge Jeffrey Cummings (N.D. Ill.), Judge LaShonda Hunt (N.D. Ill.), Judge Marian Gaston (S.D. Cal.), Judge Wesley Hsu (C.D. Cal.), and Mónica Ramírez Almadani (C.D. Cal.). The six nominees are now eligible for a committee vote.

On Thursday, the committee held an executive business meeting where it held over 5 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.). The nominees will likely receive a committee vote at the next Senate Judiciary executive business meeting.

As of February 16, there are 108 Article III vacancies, 83 of which are current. There are 44 pending nominees: 31 waiting for floor votes, 11 waiting to be reported out of the Senate Judiciary Committee, and 2 waiting for hearings before the Committee. To date, 105 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week February 9, 2023

The Senate finally confirmed the first judicial nominee of this Congress: DeAndrea Benjamin (4th Cir.) in a 53-44 vote. Benjamin continues the trend under the Biden-Harris Administration of confirming women of color to the U.S. circuit courts. As of this writing, the Senate also invoked cloture on Cindy Chung (3d Cir.), setting up a potential confirmation vote as early as next week.

On Thursday, the Senate Judiciary Committee held an executive business meeting. At the meeting, the Committee voted to advance 22 Article III nominees and revoted on 2 Article III nominees from the prior executive business meeting. The 24 Article III nominees were: Nancy Abudu (11th Cir.), Rachel Bloomekatz (6th Cir.), Anthony Johnstone (9th Cir.), Julie Rikelman (1st Cir.), Magistrate Judge Robert Ballou (W.D. Va.), Judge Todd Edelman (D.D.C.), Judge Colleen Lawless (C.D. Ill.), Justice Myong Joun (D. Mass.), Nusrat Choudhury (E.D.N.Y.), Natasha Merle (E.D.N.Y.), Jessica Clarke (S.D.N.Y.), Kymberly Evanson (W.D. Wash.), Magistrate Judge Gordon Gallagher (D. Colo.), Magistrate Judge Jonathan Grey (E.D. Mich.), P. Casey Pitts (N.D. Cal.), Magistrate Judge Ramon Reyes (E.D.N.Y.), Arun Subramanian (S.D.N.Y.), Dale Ho (S.D.N.Y.), Judge Hernán Vera (C.D. Cal.), Judge Kenly Kato (C.D. Cal.), Julia Kobick (D. Mass.), Judge Rita Lin (N.D. Cal.), Judge James Simmons Jr. (S.D. Cal.), and Magistrate Judge Andrew Schopler (S.D. Cal.). All 24 nominees are eligible for consideration from the full Senate.

Judge Joseph Greenway Jr. (3d Cir.) has announced his intention to retire this June. This is the thirteenth vacancy at the circuit court level.

As of February 9, there are 114 Article III vacancies, 87 of which are current. There are 51 pending nominees: 38 waiting for floor votes, 5 waiting to be reported out of the Senate Judiciary Committee, and 8 waiting for hearings before the Committee. To date, 98 Article III judges have been confirmed during the Biden-Harris Administration.

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.

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.