Welcome to the Monday, November 13, 2023 Brew.
By: Juan Garcia de Paredes
Here’s what’s in store for you as you start your day:
- SCOTUS accepts 43 cases this term; 20 scheduled for argument so far
- Biden has successfully appointed 148 federal judges through Nov. 1, above the average of his recent predecessors
- Ballotpedia is hiring for our Spring 2024 Internship Program!
SCOTUS accepts 43 cases this term; 20 scheduled for argument so far
The Supreme Court of the United States (SCOTUS) had accepted 43 cases for its 2023 term as of Nov. 10. The Court scheduled 20 of those cases for argument and dismissed one.
The Court’s 2023 term began on Oct. 2. The Court’s yearly term begins on the first Monday in October and lasts until the first Monday in October of the following year. The Court generally releases the majority of its decisions in mid-June.
In its 2022 term, SCOTUS agreed to consider 60 cases. One case was dismissed. From 2016 to 2022, SCOTUS agreed to consider an average of 69 cases.
The Court has seven cases scheduled for its December sitting, including:
- McElrath v. Georgia: which concerns the double jeopardy clause of the Fifth Amendment. The Court will determine if the clause bars a second prosecution of an already acquitted defendant.
- Muldrow v. City of St. Louis, Missouri, which concerns Title VII of the Civil Rights Act of 1964. Jatonya Muldrow, a sergeant with the St. Louis Police Department, filed a sex discrimination lawsuit against the department after she was involuntarily transferred from her Intelligence Division position to a position in the Fifth District. The Court will determine if Title VII prevents discrimination in transfers if a court has not decided that the transfer decision significantly harmed an employee.
- Brown v. United States (Consolidated w/ Jackson v. United States), which concerns the Armed Career Criminal Act and its definition of a serious drug offense.
SCOTUS will issue new order lists on Nov. 13 (today!) and Nov. 20 and will conference on Nov. 17. Order lists are documents the Court releases to the public with information on their decisions regarding cases, including whether they agree to hear a case. A conference is a private meeting of the justices.
Biden has appointed 148 federal judges through Nov. 1, more than the average of his recent predecessors
As of Nov. 1, 2023, President Joe Biden (D) had appointed 148 Article III federal judges, more than the average of his six most recent predecessors.
Article III judgeships refer to federal judges who serve on the U.S. Supreme Court, the U.S. Court of International Trade, or one of the 13 U.S. courts of appeal or 94 U.S. district courts. These are lifetime presidential appointments subject to Senate confirmation.
From 1980 to 2020, presidents appointed an average of 140 federal judges by Nov. 1 of their third year in office.
At this point in President Donald Trump’s (R) term, the Senate had confirmed 157 of his appointees. President George W. Bush (R) had the most appointees confirmed at this point in his presidency, with 167, followed by President Bill Clinton (D) with 166. Presidents Ronald Reagan (R) and Barack Obama (D) had the fewest confirmed judges at 113 each.
Biden’s appointments include 111 district court judges, 36 appeals court judges, and one Supreme Court justice.
New confirmations
Biden’s appointments include five judicial nominees confirmed between Oct. 2 and Nov. 1:
- 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
New nominations
From Oct. 2 to Nov. 1, Biden announced seven new nominations:
- 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 vacancies
As of Nov. 1, there were 69 Article III vacancies out of 870 active Article III judicial positions. That’s a total vacancy percentage of 7.9%, the same as the previous month. The vacancies include:
- Seven (3.9%) of the 179 U.S. Appeals Court positions;
- 59 (8.7%) of the 677 U.S. District Court positions; and,
- Two (22.2%) of the nine U.S. Court of International Trade positions.
A vacancy occurs when a judge resigns, retires, takes senior status, or dies.
Four judges left active status between Oct. 2 and Nov. 1, creating Article III life-term judicial vacancies. As Article III judicial positions, these vacancies must be filled by a nomination from the president, subject to Senate confirmation:
- Judge Neal Biggers died on Oct. 15, creating a vacancy on the U.S. District Court for the Northern District of Mississippi.
- Judge Frederick Motz died on Oct. 23, creating a vacancy on the U.S. District Court for the District of Maryland.
- 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.
Our Robe & Gavel newsletter keeps you up to date on the latest news and data on the federal courts (including SCOTUS). Click here to subscribe!
Click below to learn more about federal judicial appointments.
Ballotpedia is hiring for our Spring 2024 Internship Program
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