On The Bench: Week of November 2, 2023

With the Senate primarily focused on appropriations and military promotions, little progress was made on judicial nominations this week. As of this writing, the Senate confirmed only 1 Article III nominee: Magistrate Judge Matthew Maddox (D. Md.) in a 55-42 vote.

On Thursday, the Senate Judiciary Committee held an executive business meeting where it was unable to advance any judicial nominees out of committee. The Committee was set to vote on Judge Eumi Lee (N.D. Cal.) and Magistrate Judge Mustafa Kasubhai (D. Or.), but due to prolonged speeches from the Republican members of the committee and later attendance issues the votes were unable to occur.

Also this week, the White House announced the next slate of judicial nominees. The slate had 5 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.), and Magistrate Judge Julie Sneed (M.D. Fla.). This slate continues this administration’s goal of diversifying the federal bench, as a majority of the new nominees are women of color.

As of November 2, there are 98 Article III vacancies, 68 of which are current. Once the remaining nominees are officially nominated, there will be 40 pending nominees: 25 waiting for floor votes, 5 waiting to be reported out of the Senate Judiciary Committee, and 10 waiting for hearings before the Committee. To date, 148 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of October 26, 2023

Due to a number of complicating factors facing the Senate, the Senate made virtually no progress on judicial nominations this week. As of this writing, the Senate has not confirmed any Article III nominees. After Thursday’s Senate Judiciary Committee meeting, there are now 26 Article III nominees on the Senate floor awaiting cloture and confirmation votes.

The current administration is behind its predecessor in terms of the number of Article III confirmations, and risks falling behind further. The Biden-Harris Administration is at 147 Article III confirmations as of the morning of October 26. The Trump Administration was at 157 Article III confirmations through October 2019, and 187 Article III confirmations through the third year of the administration.

On Thursday, the Senate Judiciary Committee held an executive business meeting where it advanced 4 Article III nominees to the floor: Magistrate Judge John Kazen (S.D. Tex.), Micah Smith (D. Haw.), Judge Shanlyn Park (D. Haw.), and Jamel Semper (D.N.J.). These nominees add to the growing backlog on the Senate floor.

As of October 26, there are 95 Article III vacancies, 67 of which are current. Once the remaining nominee is officially nominated, there will be 36 pending nominees: 26 waiting for floor votes, 2 waiting to be reported out of the Senate Judiciary Committee, and 8 waiting for hearings before the Committee. To date, 147 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of October 19, 2023

After returning from its brief recess, the Senate made limited progress on judicial nominations this week. As of this writing, the Senate confirmed 2 Article III nominees: Magistrate Judge Jennifer Hall (D. Del.) in a 67-29 vote; and Judge Julia Munley (M.D. Pa.) in a 52-45 vote. After these confirmations, there are still 22 Article III nominees on the Senate floor awaiting cloture and confirmation votes.

On Wednesday, the White House released the next slate of judicial nominees. The slate had 2 Article III nominees: Sara Hill (N.D. Okla.) and John Russell (N.D. Okla.). If confirmed, Hill would be the would be the only actively serving Native American federal judge in Oklahoma.

As of October 19, there are 94 Article III vacancies, 67 of which are current. Once the new nominees are officially nominated, there will be 36 pending nominees: 22 waiting for floor votes, 6 waiting to be reported out of the Senate Judiciary Committee, and 8 waiting for hearings before the Committee. To date, 147 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of October 12, 2023

The Senate is set to return from its brief recess on Monday. Before leaving for the recess, Majority Leader Chuck Schumer filed cloture on 2 Article III nominees: Magistrate Judge Jennifer Hall (D. Del.) and Judge Julia Munley (M.D. Pa.). The cloture vote on Magistrate Judge Hall is scheduled for the evening of October 16.

As of October 12, there are 93 Article III vacancies, 68 of which are current. Once the new nominees are officially nominated, there will be 36 pending nominees: 24 waiting for floor votes, 6 waiting to be reported out of the Senate Judiciary Committee, and 6 waiting for hearings before the Committee. To date, 145 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of October 5, 2023

During the condensed work week, the Senate made some progress on judicial nominations. The Senate confirmed Magistrate Judge Brendan Hurson (D. Md.) in a 53-44 vote, and Susan DeClercq (E.D. Mich.) in a 52-42 vote. After these confirmations, there are still 24 Article III nominees awaiting floor votes. Before leaving for a brief recess, Majority Leader Chuck Schumer filed cloture on 2 Article III nominees: Magistrate Judge Jennifer Hall (D. Del.) and Judge Julia Munley (M.D. Pa.). The cloture vote on Magistrate Judge Hall is scheduled for the evening of October 16.

On Wednesday, the Senate Judiciary Committee held a hearing for 5 Article III nominees: Magistrate Judge John Kazen (S.D. Tex.), Micah Smith (D. Haw.), Magistrate Judge Mustafa Kasubhai (D. Or.), Judge Shanlyn Park (D. Haw.), and Jamel Semper (D.N.J.). These nominees are now eligible for a committee vote.

Also on Wednesday, the White House announced the next slate of judicial nominees. The slate contained 3 Article III nominees: Seth Aframe (1st Cir.), Magistrate Judge Edward Kiel (D.N.J.), and Sarah Russell (D. Conn.).

As of October 5, there are 93 Article III vacancies, 68 of which are current. Once the new nominees are officially nominated, there will be 36 pending nominees: 24 waiting for floor votes, 6 waiting to be reported out of the Senate Judiciary Committee, and 6 waiting for hearings before the Committee. To date, 145 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of September 28, 2023

With the government shutdown looming, the Senate made minimal progress on judicial nominations this week. As of this writing, there have been no Article III confirmations this week. After Thursday’s Senate Judiciary Committee meeting, there are now 26 Article III nominees pending on the Senate floor. It remains to be seen if the Senate will work on judicial confirmations if the government shutdown goes into effect.

On Thursday, the Senate Judiciary Committee held an executive business meeting where it advanced 3 Article III nominees to the floor. The nominees are Magistrate Judge Joshua Kolar (7th Cir.), Richard Federico (10th Cir.), and Judge Jeffrey Bryan (D. Minn.).

As of September 28, there are 94 Article III vacancies, 69 of which are current. Once the new nominees are officially nominated, there will be 35 pending nominees: 26 waiting for floor votes, 1 waiting to be reported out of the Senate Judiciary Committee, and 8 waiting for hearings before the Committee. To date, 143 Article III judges have been confirmed during the Biden-Harris Administration.