Welcome to the Feb. 23 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
Play your guitar, boy,
Till yesterday’s
Black cat
Runs out tomorrow’s
Back door
And evil old
Hard luck
Ain’t no more!
-Langston Hughes
It’s the first day of the February sitting, dear reader, and we have tons of updates for you. We hope you’re ready. Let’s gavel in!
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Grants
SCOTUS has accepted one new case to its merits docket for the 2026-2027 term. To date, the court has agreed to schedule fifty-eight cases for argument for the 2025-2026 term. This includes one case that SCOTUS dismissed after accepting it. Two cases that were accepted this term have been scheduled for the 2026-2027 term.
Click the link below to learn more about this case:
Arguments
The Supreme Court will hear four arguments this week. Click here to read more about SCOTUS' current term.
Click the links below to learn more about these cases:
Feb. 23
- Havana Docks Corporation v. Royal Caribbean Cruises, Ltd. concerns Title III of the LIBERTAD Act.
- The question presented: “whether a plaintiff must prove that the defendant trafficked in property confiscated by the Cuban government as to which the plaintiff owns a claim (as the statute requires), or instead that the defendant trafficked in property that the plaintiff would have continued to own at the time of trafficking in a counterfactual world ‘as if there had been no expropriation’ (as the divided Eleventh Circuit panel held below)”
- Exxon Mobil Corp. v. Corporación Cimex, S.A. concerns the Helms-Burton Act.
- The question presented: “Whether the Helms-Burton Act abrogates foreign sovereign immunity in cases against Cuban instrumentalities, or whether parties proceeding under that Act must also satisfy an exception under the Foreign Sovereign Immunities Act.”
Feb. 24
- Enbridge Energy, LP v. Nessel concerns 28 U.S.C. § 1446(b)(1).
- The question presented: “Whether district courts have the authority to excuse the thirty-day procedural time limit for removal in 28 U.S.C. § 1446(b)(1).”
Feb. 25
- Pung v. Isabella County, Michigan, concerns the Takings Clause of the Fifth Amendment.
- The questions presented: “1. Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the Fifth Amendment when the compensation is based on the artificially depressed auction sale price rather than the property's fair market value?
“2. Whether the forfeiture of real property worth far more than needed to satisfy a tax debt but sold for fraction of its real value constitutes an excessive fine under the Eighth Amendment, particularly when the debt was never actually owed?”
In its October 2024 term, SCOTUS heard arguments in 65 cases. Click here to read more about SCOTUS's previous term.
Opinions
SCOTUS has ruled on one case since our Feb. 16 edition. The court has issued rulings in 12 cases so far this term. This includes four per curiam opinions.
Click the links below to read more about the specific cases SCOTUS ruled on since Feb. 16:
Feb. 20
Learning Resources, Inc. v. Trump (consolidated with Trump v. V.O.S. Selections) was argued before the court on Nov. 5.
The case concerns the International Emergency Economic Powers Act (IEEPA) and a president’s right to impose tariffs.
The outcome: In a 6-3 ruling, SCOTUS vacated and remanded the decision of the U.S. District Court for the District of Columbia, holding that the IEEPA does not authorize the president to impose tariffs.
To read more about President Donald Trump’s (R) actions on tariffs, click here.
Federal court action
Nominations
President Trump has announced eight new Article III nominees since our Feb. 16 edition.
- Evan Rikhye, to the U.S. District Court of the Virgin Islands
- Kara Westercamp, to the U.S. Court of International Trade
- Sheria Clarke, to the U.S. District Court for the District of South Carolina
- Katie Lane, to the U.S. District Court for the District of Montana
- Justin Smith, to the U.S. Court of Appeals for the Eighth Circuit
- Tony Powell, to the U.S. District Court for the District of Kansas
- Tony Mattivi, to the U.S. District Court for the District of Kansas
- Jeffrey Kuhlman, to the U.S. District Court for the District of Kansas
The president has announced 47 Article III judicial nominations since taking office on Jan. 20, 2025. For more information on the president’s judicial nominees, click here.
Committee action
The Senate Judiciary Committee has not reported any new nominees out of committee since our Feb. 16 edition.
Confirmations
The Senate has confirmed six nominees since Feb. 1.
- David Fowlkes, to the U.S. District Court for the Western District of Arkansas.
- Aaron Peterson, to the U.S. District Court for the District of Alaska.
- Nicholas Ganjei, to the U.S. District Court for the Southern District of Texas.
- Justin Olson, to the U.S. District Court for the Southern District of Indiana.
- Brian Lea, to the U.S. District Court for the Western District of Tennessee.
- Megan Benton, to the U.S. District Court for the Western District of Missouri.
Vacancies
The federal judiciary currently has 37 vacancies, thirty-six of which are for lifetime Article III judgeships. As of publication, there were four pending nominations.
According to the Administrative Office of U.S. Courts, there were six 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.
Looking ahead
We’ll be back on March 2 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.