Ballotpedia releases federal judicial vacancy count for Oct. 2021

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies in Article III courts during the month of October through Nov. 1. Ballotpedia publishes the federal judicial vacancy count at the start of each month.


Three judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, 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.

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 Nov. 1.

New nominations

Biden has announced no new nominations since the September 2021 report.

New confirmations

As of Nov. 1, the Senate has confirmed 28 of Biden’s judicial nominees—19 district court judges and nine appeals court judges—since Jan. 2021.

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