On The Bench: Week of July 6, 2023

The Senate is scheduled to return from its mid-summer recess next week. 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 Senate will likely hold the cloture and confirmation votes for both nominees next week.

While nothing is scheduled yet, the Senate Judiciary Committee will potentially hold a markup on Thursday, July 13.

As of July 6, 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.

On The Bench: Week June 29, 2023

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.

On The Bench: Week June 22, 2023

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.

On The Bench: Week June 15, 2023

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.

On The Bench: Week June 8, 2023

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.

On The Bench: Week June 1, 2023

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.