Welcome to the March 11 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
We’re back with our third federal vacancy count for the year, and there is much to discuss. So grab a seat, dear reader, and let’s gavel on in.
Follow Ballotpedia on X or subscribe to the Daily Brew for the latest news and analysis.
We #SCOTUS and you can, too!
Grants
SCOTUS has accepted one new case to its merits docket since our Feb. 26 issue. To date, the court has agreed to hear 62 cases for the 2023-2024 term. SCOTUS dismissed one case after it was accepted. Two cases have been accepted for the 2024-2025 term.
Click the links below to learn more about these cases:
- Trump v. United States originated from the U.S. Court of Appeals for the District of Columbia Circuit and concerns the doctrine of presidential immunity.
Arguments
The Supreme Court will not hear any arguments this week. Click here to read more about SCOTUS’ current term.
Opinions
SCOTUS has ruled on one case since our Feb. 26 edition. The court has issued rulings in six cases so far this term. Fifty-five cases are still under deliberation.
Click the links below to read more about the specific cases SCOTUS ruled on since Feb. 26:
March 4
Trump v. Anderson was argued before the court on Feb. 8.
The case: concerns the Colorado Supreme Court’s decision barring former President Donald Trump from the state’s presidential primary ballot.
The outcome: In a unanimous per curiam opinion, the court reversed the judgment of the Colorado Supreme Court, holding that since the Constitution gives Congress (and not the states) the authority to enforce Section 3 of the 14th Amendment against federal officeholders and candidates, the Colorado Supreme Court should not have ordered Trump to be excluded from the state’s 2024 presidential primary ballot. Justice Amy Coney Barrett concurred in part and concurred in the judgment. A per curiam decision is a collective opinion with no named author.
Upcoming SCOTUS dates
Here are the court’s upcoming dates of interest:
- March 16: SCOTUS will conference. A conference is a private meeting of the justices.
Federal court action
Committee action
The Senate Judiciary Committee has reported five new nominees out of committee since our Feb. 26 edition.
- Amir Ali, to the United States District Court for the District of Columbia
- Melissa DuBose, to the United States District Court for the District of Rhode Island
- Sunil Harjani, to the United States District Court for the Northern District of Illinois
- Robert White, to the United States District Court for the Eastern District of Michigan
- Jasmine Yoon, to the United States District Court for the Western District of Virginia
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 Feb. 2, through March 1.
Highlights
- Vacancies: There have been two new judicial vacancies since the February 2024 report. There are 51 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, 52 of 890 active federal judicial positions are vacant.
- Nominations: There were nine new nominations since the February 2024 report.
- Confirmations: There were six new confirmations since the February 2024 report.
Vacancy count for March 1, 2024
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
Two 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 Wilhelmina Wright assumed senior status on the U.S. District Court for the District of Minnesota.
- Judge Gary Sharpe died on Feb. 12, creating a vacancy in the U.S. District Court for the Northern District of New York.
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 March 1.
New nominations
President Biden announced nine new nominations since the Feb. 1 report:
- Sanket Bulsara, to the U.S. District Court for the Eastern District of New York
- Dena Coggins, to the U.S. District Court for the Eastern District of California
- Eric Schulte, to the U.S. District Court for the District of South Dakota
- Camela Theeler, to the U.S. District Court for the District of South Dakota
- Nancy Maldonado, to the U.S. Court of Appeals for the Seventh Circuit
- Georgia Alexakis, to the U.S. District Court for the Northern District of Illinois
- Krissa Lanham, to the U.S. District Court for the District of Arizona
- Angela Martinez, to the U.S. District Court for the District of Arizona
- Sparkle Sooknanan, to the U.S. District Court for the District of Columbia
The president has announced 218 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.
New confirmations
As of March 6, the Senate has confirmed 181 of President Biden’s Article III judicial nominees—138 district court judges, 40 appeals court judges, two international trade judges, and one Supreme Court justice—since his inauguration on Jan. 20, 2021.
- Joseph Laroski, to the U.S. Court of International Trade
- Amy Baggio, to the U.S. District Court for the District of Oregon
- David Leibowitz, to the U.S. District Court for the Southern District of Florida
- 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
- Julie Sneed, to the U.S. District Court for the Middle District of Florida
Comparison of Article III judicial appointments over time by president (1981-Present)
- Presidents have made an average of 161 judicial appointments through March 1 of their fourth year in office.
- President Donald Trump (R) made the most appointments through March 1 of his fourth year with 193. President Ronald Reagan (R) made the fewest with 124.
- President Donald Trump (R) made the most appointments in 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.
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.
Looking ahead
We’ll be back on March 18 with a new edition of Robe & Gavel. Until then, gaveling out!
Contributions
Myj Saintyl compiled and edited this newsletter, with contributions from Sam Post, and Ellie Mikus.