Category: Judicial Nominations

The Senate is set to return from recess next Monday. Before leaving for recess, an agreement was reached to keep three judicial nominees pending on the floor: Magistrate Judge John Kazen (S.D. Tex.), Magistrate Judge Kato Crews (D. Colo.), and Magistrate Judge Karoline Mehalchick (M.D. Pa.). Kazen’s cloture vote is the first vote scheduled for Monday evening.

Virtually all of the remaining nominees who were pending at the end of last session will need to be renominated by the White House. It’s possible those renominations could begin to happen as soon as next week.

At the end of 2023, the Biden Administration had 166 Article III confirmations, which was 21 sort of their predecessor’s three-year total. By the end of year four, the Trump Administration had 234 Article III confirmations, meaning the Biden Administration will need 68 confirmations this year to match. This is one fewer confirmation than the Senate achieved in all of 2023.

As of January 4, there are 89 Article III vacancies, 61 of which are current. If all the nominees who were in the nominations process at the end of last Congress are renominated, then there will be 32 pending nominees: 3 waiting for floor votes, 22 waiting to be reported out of the Senate Judiciary Committee, and 7 waiting for hearings before the Committee. To date, 166 Article III judges have been confirmed during the Biden-Harris Administration.

The Senate returned from recess this week and began working on judicial nominations. As of this writing, the Senate has confirmed two of the three candidates that Majority Leader Schumer filed cloture on last month: Magistrate Judge John Kazen (S.D. Tex.) and Magistrate Judge Kato Crews (D. Colo.).

Earlier this week, the White House began the process of renominating judicial candidates. So far, the White House has renominated all but five of the nominees who were pending at the end of the last congressional session. According to media reports, two of the five have withdrawn from consideration and as a result will not be renominated. They are Colleen Holland (W.D.N.Y.) and Charnelle Bjelkengren (E.D. Wash.). The other three nominees did not comment to the media on their status. The White House in a press release did acknowledge the potential for further renominations at a later date.

Also this week, the White House announced the latest slate of judicial nominees. The latest slate of nominees contained six Article III nominees: Amir Ali (D.D.C.), Judge Melissa DuBose (D.R.I.), Magistrate Judge Sunil Harjani (N.D. Ill.), Judge Rebecca Kanter (S.D. Cal.), Robert White (E.D. Mich.), and Jasmine Yoon (W.D. Va.). This slate continues the White House’s emphasis on diversifying the federal bench. If confirmed, Yoon and DuBose would be the first people of color to ever serve as a judge in their respective district courts.

As of January 11, there are 89 Article III vacancies, 60 of which are current. Once the announced nominees are officially nominated, then there will be 31 pending nominees: 1 waiting for floor votes, 19 waiting to be reported out of the Senate Judiciary Committee, and 11 waiting for hearings before the Committee. To date, 168 Article III judges have been confirmed during the Biden-Harris Administration.

With the end of session approaching and a lot of competing priorities, the Senate made some progress on judicial nominations this week. As of this writing, the Senate confirmed 3 Article III nominees: Richard Federico (10th Cir.), Jerry Edwards, Jr. (W.D. La.), and Brandon Long (E.D. La.).

On Wednesday, the Senate Judiciary Committee held a hearing for 5 Article III nominees: Nicole Berner (4th Cir.), Adeel Mangi (3d Cir.), Judge Amy Baggio (D. Or.), Judge Cristal Brisco (N.D. Ind.), and Judge Gretchen Lund (N.D. Ind.). These nominees are now eligible for a full committee vote, which will likely occur in early 2024.

As of December 14, there are 90 Article III vacancies, 59 of which are current. There are 29 pending nominees: 16 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, 164 Article III judges have been confirmed during the Biden-Harris Administration.

On the Bench will return in 2024.

The Senate made limited progress on judicial nominations this week. As of this writing, the Senate has confirmed 2 Article III nominees: Judge Irma Ramirez (5th Cir.) and Judge Loren AliKhan (D.D.C.). With only one scheduled work week remaining this calendar year, the Biden Administration and Senate is 26 Article III confirmations behind President Trump’s total after three years.

On Thursday, the Senate Judiciary Committee held an executive business meeting where it advanced two nominees: Sara Hill (N.D. Okla.) and John Russell (N.D. Okla.). Both nominees are now eligible for vote by the full Senate.

As of December 7, there are 92 Article III vacancies, 62 of which are current. There are 32 pending nominees: 19 waiting for floor votes, 6 waiting to be reported out of the Senate Judiciary Committee, and 7 waiting for hearings before the Committee. To date, 161 Article III judges have been confirmed during the Biden-Harris Administration.

The Senate made encouraging progress on judicial nominations this week. Over the course of the week, the Senate confirmed 5 Article III nominees: Judge Jeffrey Bryan (D. Minn.), Margaret Garnett (S.D.N.Y.), Micah Smith (D. Haw.), Judge Shanlyn Park (D. Haw.), and Jamel Semper (D.N.J.). The Senate also invoked cloture on Judge Irma Ramirez (5th Cir.), setting up a potential confirmation vote next week.

On Wednesday, the Senate Judiciary Committee held a hearing for 6 Article III nominees: Magistrate Judge Jacquelyn Austin (D.S.C.), Magistrate Judge Jacqueline Becerra (S.D. Fla.), Magistrate Judge Melissa Damian (S.D. Fla.), David Leibowitz (S.D. Fla.), Magistrate Judge Julie Sneed (M.D. Fla.), and Kirk Sherriff (E.D. Cal.). All 6 nominees are now eligible for a full committee vote.

On Thursday, the Committee also held an executive business meeting where it advanced 5 Article III nominees to the Senate floor: Judge Eumi Lee (N.D. Cal.), Magistrate Judge Mustafa Kasubhai (D. Or.), Seth Aframe (1st Cir.), Magistrate Judge Edward Kiel (D.N.J.), and Sarah Russell (D. Conn.).

As of November 30, there are 93 Article III vacancies, 63 of which are current. There are 34 pending nominees: 19 waiting for floor votes, 8 waiting to be reported out of the Senate Judiciary Committee, and 7 waiting for hearings before the Committee. To date, 159 Article III judges have been confirmed during the Biden-Harris Administration.

In other judiciary news, the Senate Judiciary Committee voted on Thursday to authorize subpoenas relating to the ongoing Supreme Courts ethics issue. The Committee voted to issue two subpoenas to Harlan Crow and Leonard Leo.

The Senate made limited progress on judicial nominations this week. With the focus primarily on funding the government, the Senate only confirmed 1 Article III nominee: Judge Ana de Alba (9th Cir.) in a 48-43 vote. Before leaving for the Thanksgiving recess, Majority Leader Chuck Schumer filed cloture on 2 Article III nominees: Judge Jeffrey Bryan (D. Minn.) and Margaret Garnett (S.D.N.Y.). The cloture vote for Bryan is the first vote scheduled after the recess ends on November 27.

On Wednesday, the Senate Judiciary Committee held a hearing for 2 Article III nominees: Sara Hill (N.D. Okla.) and John Russell (N.D. Okla.). Both nominees are now eligible for a full committee vote.

On Thursday, the Committee was scheduled to hold a mark up for several pieces of business, but the meeting was canceled as the Senate adjourned Wednesday evening after funding the government. First, the Committee was set to revote on Judge Eumi Lee (N.D. Cal.) and Magistrate Judge Mustafa Kasubhai (D. Or.) after the Senate Parliamentarian ruled the Committee’s vote last week was against committee rules. Also, the Committee was scheduled to vote on the authorization for subpoenas relating to the Supreme Court ethics. Both sets of votes will now have to wait until after the holiday.

This week the White House announced the next slate of judicial nominees. The slate contained 5 Article III nominees: Nicole Berner (4th Cir.), Adeel Mangi (3d Cir.), Judge Amy Baggio (D. Or.), Judge Cristal Brisco (N.D. Ind.), and Judge Gretchen Lund (N.D. Ind.). This slate continued the White House’s trend of trying to diversify the federal bench. If confirmed, Berner would be the first openly LBGTQ+ person to serve on the Fourth Circuit, and Mangi would be the first Muslim American to serve on any circuit court.

As of November 16, there are 93 Article III vacancies, 64 of which are current. Once the remaining nominees are officially nominated, there will be 39 pending nominees: 19 waiting for floor votes, 7 waiting to be reported out of the Senate Judiciary Committee, and 13 waiting for hearings before the Committee. To date, 154 Article III judges have been confirmed during the Biden-Harris Administration.

The Senate made good progress on judicial nominations this week. As of this writing, the Senate has confirmed 5 Article III nominees: Judge Kenly Kato (C.D. Cal.) in a 51-46 vote, Julia Kobick (D. Mass.) in a 52-46 vote, Magistrate Judge Ramon Reyes (E.D.N.Y.) in a 51-48 vote, Brandy McMillion (E.D. Mich.) in a 53-42 vote, and Mónica Ramírez Almadani (C.D. Cal.) in a 51-44 vote. Notably, Kobick was the 150th Article III confirmation of this administration and the 100th woman confirmed to the federal bench during this administration. Even after these confirmations, there are still 22 Article III nominees on the floor.

On Thursday, the Senate Judiciary Committee held an executive business meeting where it was successfully able to advance two judicial nominees out of committee: Judge Eumi Lee (N.D. Cal.) and Magistrate Judge Mustafa Kasubhai (D. Or.). The Committee was also scheduled to vote on the authorization for subpoenas relating to the Supreme Court ethics investigation, but gaveled out before voting on them.

As of November 9, there are 94 Article III vacancies, 64 of which are current. Once the remaining nominee is officially nominated, there will be 35 pending nominees: 22 waiting for floor votes, 3 waiting to be reported out of the Senate Judiciary Committee, and 10 waiting for hearings before the Committee. To date, 153 Article III judges have been confirmed during the Biden-Harris Administration.