President Biden announces fifth slate of federal judicial nominees


President Joe Biden (D) announced his intent to nominate his fifth slate of judicial nominees on June 30, which included six individuals to Article III judgeships with lifetime terms:

• Toby Heytens, to the United States Court of Appeals for the 4th Circuit

• Jennifer Sung, to the United States Court of Appeals for the 9th Circuit

• Jane Beckering, to the United States District Court for the Western District of Michigan

• Patricia Tolliver Giles, to the United States District Court for the Eastern District of Virginia

• Shalina Kumar, to the United States District Court for the Eastern District of Michigan

• Michael Nachmanoff, to the United States District Court for the Eastern District of Virginia

To date, Biden has nominated 30 individuals to federal judgeships. Seven of the nominees have been confirmed. There were 82 Article III vacancies in the federal judiciary as of July 1.

As of his inauguration in January 2021, Biden inherited 46 Article III vacancies: two vacancies in the U.S. courts of appeal, 43 vacancies in the U.S. district courts, and one vacancy on the U.S. Court of International Trade. Biden announced his first federal judicial nominees on March 30.

Biden’s announcement on June 30 also included two nominees to Article I courts:

• Armando Bonilla, to the United States Court of Federal Claims

• Carolyn Lerner, to the United States Court of Federal Claims

Article I courts are federal courts organized under Article I of the United States Constitution. They are created by Congress and have differing levels of independence from the executive and legislative branches. Examples of Article I courts include the U.S. Tax Court, the U.S. Court of Appeals for the Armed Forces, the Court of Military Commission Review, the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Federal Claims, and the U.S. Bankruptcy Courts.

Biden also announced his intent to nominate one individual to the local D.C. superior court:

• Sean Staples, to the Superior Court of the District of Columbia

Washington, D.C., has two local courts: the superior court—a trial court of general jurisdiction—and a court of appeals. Justices on these courts are nominated by the U.S. president after recommendation from the District of Columbia Judicial Nomination Commission; they then face confirmation by the U.S. Senate. D.C. judges are appointed to 15-year renewable terms.

Additional reading:

Judicial selection in Washington, D.C.

Judicial vacancies in federal courts

Judicial vacancies during the Biden administration