In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from October 2 to November 1, 2023. Ballotpedia publishes the federal judicial vacancy count at the start of each month.
HIGHLIGHTS
- Vacancies: There have been four new judicial vacancies since the previous report released on October 1, 2023. There are 69 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, 70 of 890 active federal judicial positions are vacant.
- Nominations: There have been seven new nominations since the previous report.
- Confirmations: There have been five new confirmations since the previous report.
New vacancies
There were 69 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 7.9%, which is the same vacancy percentage as October 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.
- 59 (8.7%) 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 left the U.S. District Court for the Northern District of Mississippi 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 U.S. 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 November 1, 2023.
New nominations
Biden has announced seven new nominations since the previous report:
- Sara Hill, to the U.S. District Court for the Northern District of Oklahoma
- John Russell, to the U.S. District Court for the Northern District of Oklahoma
- Jacquelyn Austin, to the U.S. District Court for the District of South Carolina
- Jacqueline Becerra, to the U.S. District Court for the Southern District of Florida
- Melissa Damian, to the U.S. District Court for the Southern District of Florida
- David Leibowitz, to the U.S. District Court for the Southern District of Florida
- Julie Sneed, to the U.S. District Court for the Middle District of Florida
Since taking office in January 2021, Biden has nominated 190 individuals to Article III positions.
New confirmations
There have been five new confirmations since the previous report:
- Susan DeClercq, to the U.S. District Court for the Eastern District of Michigan
- Brendan Hurson, to the U.S. District Court for the District of Maryland
- Julia Munley, to the U.S. District Court for the Middle District of Pennsylvania
- Jennifer Hall, to the U.S. District Court for the District of Delaware
- Matthew Maddox, to the U.S. District Court for the District of Maryland
As of November 1, 2023, the Senate had confirmed 148 of Biden’s judicial nominees—111 district court judges, 36 appeals court judges, and one Supreme Court justice—since January 2021.
Additional reading:
Federal judicial appointments by president
Current federal judicial vacancies
