Robe & Gavel: Federal Judicial Vacancy Count released for May 2024


Welcome to the May 13 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 hope you’re ready, dear reader. Because we’ve got a brand new batch of federal vacancy updates coming your way. Let’s gavel in!

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Grants

SCOTUS has accepted six new cases to its merits docket since our April 22 issue. To date, the court has agreed to hear eight cases for the 2024-2025 term. The court has not yet scheduled the cases for argument.

Click the links below to learn more about these cases:

Arguments

The Supreme Court will not hear any arguments this week. Click here to read more about SCOTUS’ current term.

In its October 2022 term, SCOTUS heard arguments in 60 cases. One case was dismissed. Click here to read more about SCOTUS’ previous term.

Opinions

SCOTUS has ruled on two cases since our April 17 edition. The court has issued rulings in 20 cases so far this term. 

Click the links below to read more about the specific cases SCOTUS ruled on since April 17:

May 9

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • May 16: SCOTUS will conference. A conference is a private meeting of the justices.

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 April 2, through May 1. 

Highlights

  • Vacancies: There was one new judicial vacancy since the April 1 report. There are 43 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, 44 of 890 active federal judicial positions are vacant.  
  • Nominations: There have been seven new nominations since the April 2024 report. 
  • Confirmations: There have been four new confirmations since the April 2024 report.

Vacancy count for May 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

One judge left active status since the previous vacancy count, creating an Article III life-term judicial vacancy. The president nominates individuals to fill Article III judicial vacancies. Nominations are subject to U.S. Senate confirmation.

The following chart tracks the number of vacancies in the U.S. 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 U.S. District Courts as of May 1.

New nominations

On April 24, President Biden announced seven new nominations:

On May 8, President Biden announced four new nominations:

The president has announced 234 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 May 1, the Senate has confirmed 194 of President Biden’s Article III judicial nominees—150 district court judges, 41 appeals court judges, two international trade judges, and one Supreme Court justice—since his inauguration in January 2021.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have made an average of 168 judicial appointments through May 1 of their fourth year in office.
  • President Joe Biden (D) made the most appointments through May 1 of his fourth year with 194. President Ronald Reagan (R) made the fewest with 137.
  • 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 June 10 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.