On The Bench: Week of May 9, 2024

The Senate continued to work on FAA legislation, meaning little progress on judicial nominations this week. As of this writing, the Senate has not confirmed any Article III nominees. However, Majority Leader Chuck Schumer filed cloture on 2 Article III nominees: Eric Schulte (D.S.D.), and Judge Camela Theeler (D.S.D.), setting up potential votes later this week or early next week.

On Thursday, the Senate Judiciary Committee held an executive business meeting for 4 Article III nominees: Kevin Ritz (6th Cir.), Brian Murphy (D. Mass.), Judge Rebecca Pennell (E.D. Wash.), and Jeannette Vargas (S.D.N.Y.). All the nominees advanced out of committee to the Senate floor and are now eligible for cloture and confirmation votes.

Also this week, the White House announced the latest slate of judicial nominees. The slate had 4 Article III nominees: Magistrate Judge Embry Kidd (11th Cir.), Magistrate Judge Adam Abelson (D. Md.), Magistrate Judge Joseph Saporito Jr. (M.D. Pa.), and Judge Meredith Vacca (W.D.N.Y.). If confirmed, Judge Vacca would be the first ever person of color to serve as a federal judge on the Western District of New York.

As of May 9, there are 73 Article III vacancies, 45 of which are current. Once the latest nominees are officially nominated, there will be 30 pending nominees: 17 waiting for floor votes, 0 waiting to be reported out of the Senate Judiciary Committee, and 13 waiting for hearings before the Committee. To date, 194 Article III judges have been confirmed during the Biden-Harris Administration.

In other judiciary news, ACS is happy to announce a new resource in collaboration with the LGBTQ+ Bar. The LGBTQ+ Bar has launched a new website that tracks the number of openly LGBTQ+ Article III judges. The website will be updated to reflect the changing demographics of our federal judiciary.

On The Bench: Week of May 2, 2024

Largely due to the Senate prioritizing legislation, there was limited progress on judicial nominations this week. As of this writing, the Senate confirmed 1 Article III nominee: Georgia Alexakis (N.D. Ill.). There is still the potential for Majority Leader Chuck Schumer to file cloture on judicial nominees this week, setting up votes for next week.

With the confirmation of Alexakis, the Biden Administration for the time being has moved ahead of its predecessor in terms of pace of confirmations. As of May 2 of the fourth year, the Biden Administration is at 194 Article III confirmations, while the Trump Administration was at 193 Article III confirmations. By the end of four years, the Trump Administration reached 234 Article III confirmations.

As of May 2, there are 72 Article III vacancies, 43 of which are current. Once the latest nominees are officially nominated, there will be 26 pending nominees: 13 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 9 waiting for hearings before the Committee. To date, 194 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of April 25, 2024

After finalizing votes on legislation, the Senate went on its scheduled recess this week. As a result, there were no votes on judicial nominations. Before leaving, however, Majority Leader Chuck Schumer filed cloture on Georgia Alexakis (N.D. Ill.), setting up a cloture vote for when the Senate returns on April 30.

This week the White House announced an all-female slate of 7 Article III nominees: Judge Michelle Williams Court (C.D. Cal.), Judge Anne Hwang (C.D. Cal.), Danna Jackson (D. Mont.), Magistrate Judge Sarah Netburn (S.D.N.Y.), Stacey Neumann (D. Me.), April Perry (N.D. Ill.), and Judge Cynthia Valenzuela (C.D. Cal.). This slate furthers the White House’s goal of bringing more personal and professional diversity to the federal judiciary.

With this new slate there are now 27 announced nominees. If all 27 of these vacancies are filled, that will bring the Biden-Harris Administration to 220 Article III confirmations. This would be only 14 short of the prior administration’s four year total.

As of April 25, there are 72 Article III vacancies, 41 of which are current. Once the latest nominees are officially nominated, there will be 27 pending nominees: 14 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 9 waiting for hearings before the Committee. To date, 193 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of April 18, 2024

As of this writing, the full Senate made no progress on judicial nominations this week. This was due in large part to the articles of impeachment against Homeland Security Secretary Alejandro Mayorkas being delivered to the Senate this week.

On Wednesday, the Senate Judiciary Committee held a hearing for 4 Article III nominees: Kevin Ritz (6th Cir.), Brian Murphy (D. Mass.), Judge Rebecca Pennell (E.D. Wash.), and Jeannette Vargas (S.D.N.Y.). These nominees are now eligible for a committee vote.

On Thursday, Committee held an executive business meeting. At the meeting, the Committee advanced 5 Article III nominees to the floor: Judge Nancy Maldonado (7th Cir.), Georgia Alexakis (N.D. Ill.), Kriss Lanham (D. Ariz.), Magistrate Judge Angela Martinez (D. Ariz.), and Sparkle Sooknanan (D.D.C.). These nominees are now eligible for cloture and confirmation votes.

As of April 18, there are 72 Article III vacancies, 41 of which are current. There are 20 pending nominees: 14 waiting for floor votes, 4 waiting to be reported out of the Senate Judiciary Committee, and 2 waiting for hearings before the Committee. To date, 193 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of April 11, 2024

The Senate made continued progress on judicial nominations this week. Over the course of the week, the Senate confirmed 3 Article III nominees: Judge Ann Marie McIff Allen (D. Utah), Magistrate Judge Susan Bazis (D. Neb.), and Robert White (E.D. Mich.). During this administration there have now been 193 Article III nominees confirmed. This is equal to the amount the prior administration had at this point in April of the fourth year. By the end of four years, the prior administration had 234 Article III nominees confirmed.

On Thursday, the Senate Judiciary Committee held an executive business meeting. At the meeting, the Committee advanced 4 Article III nominees to the floor: Magistrate Judge Sanket Bulsara (E.D.N.Y.), Judge Dena Coggins (E.D. Cal.), Eric Schulte (D.S.D.), and Judge Camela Theeler (D.S.D.). These nominees are now eligible for cloture and confirmation votes.

As of April 11, there are 72 Article III vacancies, 41 of which are current. There are 20 pending nominees: 9 waiting for floor votes, 5 waiting to be reported out of the Senate Judiciary Committee, and 6 waiting for hearings before the Committee. To date, 193 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of March 28, 2024

Late last week, the Senate confirmed two more nominees: Ernest Gonzalez (W.D. Tex.) and Magistrate Judge Leon Schydlower (W.D. Tex.). After passing the government funding legislation, the Senate started its two-week recess.

Before leaving for recess, Majority Leader Schumer filed cloture on 3 Article III nominees: Judge Ann Marie McIff Allen (D. Utah), Magistrate Judge Susan Bazis (D. Neb.), and Robert White (E.D. Mich.). The cloture vote on Magistrate Judge Bazis is the first vote set for when the Senate returns from recess on April 8.

As of March 28, there are 73 Article III vacancies, 44 of which are current. There are 25 pending nominees: 8 waiting for floor votes, 9 waiting to be reported out of the Senate Judiciary Committee, and 6 waiting for hearings before the Committee. To date, 190 Article III judges have been confirmed during the Biden-Harris Administration.