The Indiana, Ohio primary aftermath

Welcome to the Wednesday, May 4, Brew. 

By: Samuel Wonacott

Here’s what’s in store for you as you start your day:

  1. We’ve got Indiana, Ohio election results
  2. Thirty-eight announced upcoming Article III vacancies  
  3. The Heart of the Primaries is your one-stop shop for primary election news

We’ve got Indiana, Ohio election results

On Tuesday, voters in Indiana and Ohio went to the polls and kicked off the May/June primary bonanza (60% of this year’s statewide primaries occur in May and June!), and our team stayed up late into the night collecting results and monitoring the most significant developments. In tomorrow’s edition of this newsletter, we’ll take a closer look at the biggest storylines to emerge from Tuesday’s elections and help you make sense of what the results mean for midterm races in November

In the meanwhile, check out our May 3 election hub to see all the latest results from Indiana, Ohio, and other states that held elections. You can also subscribe to The Heart of the Primaries, our weekly dive into key congressional, legislative, and executive races. The next edition comes out Thursday. You can read more about The Heart of the Primaries below. 

If you’re interested in seeing updated results from our key battleground races, click on the links below:




On May 10, Nebraska and West Virginia are holding statewide primaries, followed by Idaho, Kentucky, North Carolina, Oregon, and Pennsylvania on May 17. You can see a full list of upcoming primary dates here.  

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Thirty-eight upcoming federal court vacancies  

According to the latest vacancy data from the U.S. Courts, there were 38 total announced upcoming vacancies for Article III judgeships. These positions are not yet vacant but will be at some point. The vacancies will result from judges choosing to retire or assume senior status. In the meantime, these judges continue to serve in their current positions.

Article III judgeships refer to federal judges who serve on the U.S. Supreme Court, the U.S. Court of International Trade, the 13 U.S. courts of appeal, or the 94 U.S. district courts. The president makes these lifetime appointments, all of which are subject to Senate approval.

The president and Senate do not need to wait for a position to become vacant before they can start the confirmation process for a successor. For example, Judge Ketanji Brown Jackson has already been confirmed to the Supreme Court seat that will become vacant when Justice Stephen Breyer retires this summer. There are seven nominees pending for upcoming vacancies.

Twenty-five judges have not announced when they will leave the bench. The next scheduled vacancy occurs on May 17, when U.S. District Court for the Northern District of California Judge Edward Chen assumes senior status.

In addition to these 38 upcoming vacancies, there are 75 current Article III vacancies in the federal judiciary out of the 870 total Article III judgeships. 

President Biden has nominated 93 individuals to federal judgeships on Article III courts, and 60 have been confirmed. Of the 33 nominees going through the confirmation process, 15 are awaiting a vote in the U.S. Senate, five are awaiting a committee vote, and 13 are awaiting a committee hearing.

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The Heart of the Primaries is your one-stop shop for primary election news

Did we mention it’s primary season? Thirty states are holding Republican and Democratic primaries for hundreds of offices at all levels of government in May and June. We know it’s a lot to keep up with, which is why we’ve devoted an entire weekly newsletter to covering the most interesting and significant primary stories. 

First launched in January 2018, The Heart of the Primaries takes you to the front lines of key congressional, legislative, and state executive primary battles. We send two versions each week—one for Democratic primaries and one for Republican primaries. In each issue, we shed light on candidate policy differences, keep tabs on where PACs and other donor groups are putting their money (and why!), and bring you the latest polling numbers, election results, and endorsements. 

Our next edition goes out May 5. Here are some of the stories we’re working on:

  • Indiana and Ohio: Summaries and media analysis of the biggest storylines coming out of the May 3 Republican and Democratic primaries. 
  • West Virginia’s 2nd Congressional District Republican primary: Sen. Joe Manchin (D-W.Va.) endorses Rep. David McKinley over Trump-backed Rep. Alexander Mooney in a race between two incumbent Republican congressmen. 
  • Texas’ 28th Congressional District Democratic primary runoff: Jessica Cisneros runs a new ad highlighting Rep. Henry Cuellar’s stance on abortion, while Rep. Jim Clyburn (D-S.C.) prepares for an upcoming rally with Cuellar. 

Click below to subscribe to one or both editions!

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