In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from November 2 through December 1, 2023. Ballotpedia publishes the federal judicial vacancy count at the start of each month.
HIGHLIGHTS
- Vacancies: There have been three new judicial vacancies since the November 2023 report. There are 63 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 64 of 890 active federal judicial positions are vacant.
- Nominations: There have been five new nominations since the previous report.
- Confirmations: There have been 11 new confirmations since the previous report.
New vacancies
There were 63 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 7.2, which is 0.7 percentage points lower than the vacancy percentage in November 2023.
- The nine-member U.S. Supreme Court does not have any vacancies.
- Seven (3.9%) of the 179 U.S. Appeals Court positions are vacant.
- 60 (8.9%) of the 677 U.S. District Court positions are vacant.
- Two (22.2%) of the nine U.S. Court of International Trade positions are vacant.
A vacancy occurs when a judge resigns, retires, takes senior status, or passes away. Article III judges, who serve on courts authorized by Article III of the Constitution, are appointed for life terms.
Four judges left active status, creating Article III life-term judicial vacancies. As Article III judicial positions, these vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.
- Judge Neal Biggers’ service to the U.S. District Court for the Northern District of Mississippi ended upon his death.
- Judge Frederick Motz left the U.S. District Court for the District of Maryland upon his death.
- Judge Robert N. Scola Jr. assumed senior status on the U.S. District Court for the Southern District of Florida.
- Judge Kevin McNulty assumed senior status on the United States District Court for the District of New Jersey.
U.S. Court of Appeals vacancies
The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.
The following maps show the number of vacancies on the United States Court of Appeals at Biden’s inauguration and as of December 1, 2023.
New nominations
Biden has announced five new nominations since the previousreport:
- Nicole Berner to the U.S. Court of Appeals for the 4th Circuit
- Adeel Mangi to the U.S. Court of Appeals for the 3rd Circuit
- Amy Baggio to the U.S. District Court for the District of Oregon
- Cristal Brisco to the U.S. District Court for the Northern District of Indiana
- Gretchen Hess Lund to the U.S. District Court for the Northern District of Indiana
Since taking office in January 2021, Biden has nominated 195 individuals to Article III positions.
New confirmations
There have been 11 new confirmations since the previous report:
- Kenly Kiya Kato to the U.S. District Court for the Central District of California
- Julia Kobick to the U.S. District Court for the District of Massachusetts
- Ramon Reyes Jr. to the U.S. District Court for the Eastern District of New York
- Mónica Ramírez Almadani to the U.S. District Court for the Central District of California
- Brandy McMillion to the U.S. District Court for the Eastern District of Michigan
- Ana de Alba to the U.S. Court of Appeals for the 9th Circuit
- Jeffrey M. Bryan to the U.S. District Court for the District of Minnesota
- Margaret Garnett to the U.S. District Court for the Southern District of New York
- Micah Smith to the U.S. District Court for the District of Hawaii
- Jamel Semper to the U.S. District Court for the District of New Jersey
- Shanlyn A. S. Park to the U.S. District Court for the District of Hawaii
As of December 1, 2023, the Senate has confirmed 159 of Biden’s judicial nominees—121 district court judges, 37 appeals court judges, and one Supreme Court justice—since January 2021.
Additional reading:
Federal judicial appointments by president
Current federal judicial vacancies
