February 16, 2023

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.