In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from Sept. 2 to Oct. 1. Ballotpedia publishes the federal judicial vacancy count at the start of each month.
HIGHLIGHTS
- Vacancies: There have been three new judicial vacancies since the September 2026report. There are 27 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, 27 of 890 active federal judicial positions are vacant.
- Nominations: There have been three new nominations since the previous report.
- Confirmations: There have been three new confirmations since the previous report.
New vacancies
There were 27 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 3.1, which is equal to the vacancy percentage in September 2026.
- The nine-member U.S. Supreme Court does not have any vacancies.
- None of the 179 U.S. Appeals Court positions are vacant.
- Twenty-seven (4%) of the 673 U.S. District Court positions are vacant.
- None of the nine U.S. Court of International Trade positions are vacant.
A vacancy occurs when a judge resigns, retires, takes senior status, or passes away. Article III judges, who serve on courts authorized by Article III of the Constitution, are appointed for life terms.
Three judges left active status, creating Article III life-term judicial vacancies. As Article III judicial positions, these vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.
- Judge Josephine Staton assumed senior status on the U.S. District Court for the Central District of California.
- Judge John Tharp Jr. assumed senior status on the U.S. District Court for the Northern District of Illinois.
- Judge Timothy M. Cain assumed senior status on the U.S. District Court for the District of South Carolina.
Federal judicial vacancies
The following map shows the number of vacancies on the United States Court of Appeals as of October 1.
The following map shows the number of vacancies in the United States District Courts as of October 1.
The following chart shows the number of federal judicial vacancies each month during the Trump administration from January 21, 2025, to October 1.
New nominations
President Trump has announced his intent to nominate three new individuals since the previous report.
- Todd Butler, to the U.S. Court of Appeals for the Fifth Circuit
- Philip Aubart, to the U.S. District Court for the Middle District of North Carolina
- Brian Meyers, to the U.S. District Court for the Eastern District of North Carolina
Since taking office in January 2025, President Trump has announced his intent to nominate 76 individuals to Article III positions. Of these, 73 have been officially nominated.
New confirmations
Since the previous report, the U.S. Senate has confirmed three of President Trump’s nominees to Article III seats:
- Angela Colmenero, to the U.S. District Court for the Southern District of Texas
- Kasdin Mitchell, to the U.S. District Court for the Northern District of Texas
- Matthew Byrne, to the U.S. District Court for the Southern District of Ohio
As of Oct. 1, the Senate has confirmed 56 of President Trump's judicial nominees — 45 district court judges, 10 appeals court judges, one Court of International Trade judge, and no Supreme Court justices — since January 2025. To review a complete list of Trump's confirmed nominees from both presidential terms, click here.
Additional reading:
Federal judicial appointments by president
Current federal judicial vacancies