Welcome to the May 12 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
Today, we reflect on the legacy of retired Justice David Souter, who died on May 8, at 85. Justice Souter served on the Supreme Court for 19 years.
“Justice David Souter served our Court with great distinction for nearly twenty years. He brought uncommon wisdom and kindness to a lifetime of public service. After retiring to his beloved New Hampshire in 2009, he continued to render significant service to our branch by sitting regularly on the Court of Appeals for the First Circuit for more than a decade. He will be greatly missed.”
-Chief Justice John Roberts, Jr.
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Grants
SCOTUS has accepted no new cases to its merits docket since our April 28 issue. To date, the court has agreed to hear 65 cases for the 2024-2025 term and eight cases for its 2025-2026 term. By this time during the 2023-2024 term, SCOTUS had agreed to hear 62 cases.
Arguments
The Supreme Court will hear one argument this week. Click here to read more about SCOTUS’ current term. The court has issued rulings in 29 cases so far this term.
Click the links below to learn more about these cases:
May 15
- Trump v. Washington (Consolidated with Trump v. CASA and Trump v. New Jersey) concerns birthright citizenship.
The Supreme Court will hear oral arguments to decide whether to issue a partial stay of federal courts’ preliminary injunctions that block the Trump Administration’s executive order (Executive Order 14160, Protecting the Meaning and Value of American Citizenship). President Donald Trump’s (R) order limits birthright citizenship to children with at least one U.S. citizen parent or a parent who is a lawful permanent resident. A court issues a stay when it wants to pause an action, usually temporarily, until a specific event has occurred.
- Birthright citizenship refers to the 14th Amendment which states individuals born within the United States or an area subject to its jurisdiction are granted automatic citizenship. Birthright citizenship may be acquired in one of two ways:
- by being born within the United States or its territories
- by being born to U.S. citizens elsewhere in the world
On Jan. 20, President Trump issued an executive order stating that the 14th Amendment was not meant to extend citizenship to everyone born within the United States. Trump argues that the 14th Amendment always excluded people who were born in the United States but were not subject to its jurisdiction. According to the executive order, such people include:
“(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
In its October 2023-2024 term, SCOTUS heard arguments in 62 cases. Click here to read more about SCOTUS’ previous term.
Opinions
SCOTUS has not ruled on any cases since our May 5 edition. The court has issued rulings in 29 cases so far this term. At this point in the 2023-2024 term, SCOTUS had issued rulings in 20 cases.
Federal court action
Nominations
President Trump has announced five new Article III nominees since our April 5 edition.
- Zachary Bluestone, to the U.S. District Court for the Eastern District of Missouri
- Joshua Divine, to the U.S. District Court for the Eastern District of Missouri and the U.S. District Court for the Western District of Missouri
- Maria Lanahan, to the U.S. District Court for the Eastern District of Missouri
- Edward Aloysius O’Connell, to the Superior Court of the District of Columbia
- Cristian Stevens, to the U.S. District Court for the Eastern District of Missouri
The president has announced six Article III judicial nominations since taking office Jan. 20, 2025. For more information on the president’s judicial nominees, click here.
Vacancies
The federal judiciary currently has 46 vacancies, 45 of which are for lifetime Article III judgeships. As of publication, there were six pending nominations.
According to the Administrative Office of U.S. Courts, there were 15 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active judicial status.
For more information on judicial vacancies during President Trump’s term, click here.
Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.
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 our list for updates on federal judicial nominations.
Federal courts recent news
- Trump asks high court to allow DOGE access to Social Security records (SCOTUSblog)
- Government asks justices to allow DHS to revoke parole for a half-million noncitizens (SCOTUSblog)
- Venezuelan TPS recipients tell justices to let status stand (SCOTUSblog)
- Supreme Court allows Trump to ban transgender people from military (SCOTUSblog)
Looking ahead
We’ll be back on June 9 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.