Robe & Gavel: Federal Judicial Vacancy Count released…

Welcome to the Nov. 13 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It’s that time again, dear readers. The time for our monthly federal vacancy report. As always, there’s a lot to cover, so let’s gavel in!

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Grants

SCOTUS accepted one new case to its merits docket since our Nov. 6 issue. To date, the court has agreed to hear 44 cases for its 2023-2024 term. SCOTUS dismissed one case after it was accepted.

Diaz v. United States

Arguments

The Supreme Court will not hear any arguments this week. Click here to read more about SCOTUS’ current term.

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

Nov. 17: SCOTUS will conference. A conference is a private meeting of the justices.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. This month’s edition includes nominations, confirmations, and vacancies from Oct. 2, through Nov. 1.

Highlights

Vacancies: There have been four new judicial vacancies since the October 2023 report. 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 were seven new nominations since the October 2023 report.
Confirmations: There were five new confirmations since the October 2023 report.

Vacancy count for November 1, 2023

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Four judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.

Judge Neal Biggers died on Oct. 15, creating a vacancy in the U.S. District Court for the Northern District of Mississippi.
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.

The following chart tracks the number of vacancies in the United States Courts of Appeals from President Joe Biden’s (D) inauguration to the date indicated on the chart.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of Nov. 1.

New nominations

President Biden announced seven new nominations since the October 2023 report:

Since taking office in January 2021, Biden has nominated 190 individuals to Article III positions. For more information on the president’s judicial nominees, click here.

New confirmations

There have been five new confirmations since the previous report. As of Nov. 1, the Senate has confirmed 148 of President Biden’s Article III judicial nominees—111 district court judges, 36 appeals court judges, and one Supreme Court justice—since his inauguration on January 20, 2021. As of Nov. 13, the Senate has confirmed 153 of President Biden’s Article III judicial nominees.

Two additional confirmations were made on Nov. 7:

One additional confirmation was made on Nov. 8:

Ramon Reyes, Jr., to the U.S. District Court for the Eastern District of New York

Two additional confirmations were made on Nov. 9:

Comparison of Article III judicial appointments over time by president (1981-Present)

Presidents have made an average of 140 judicial appointments through Nov. 1 of their third year in office.
President George W. Bush (R) made the most appointments through Nov. 1 of his third year with 167. President Barack Obama (D) and Ronald Reagan (R) made the fewest with 113.
President Donald Trump (R) made the most appointments through four years with 234. President Ronald Reagan (R) made the fewest through four years with 166.
President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.