Ballotpedia releases federal judicial vacancy count for May 2024


In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from April 2, 2024, to May 1, 2024. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

  • Vacancies: There has been one new judicial vacancy since the April 2024 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 previous report.
  • Confirmations: There have been four new confirmations since the previous report.

New vacancies

There were 43 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 4.9, which is 0.2 percentage points higher than the vacancy percentage in April 2024.

  • The nine-member U.S. Supreme Court does not have any vacancies.
  • Two (1%) of the 179 U.S. Appeals Court positions are vacant.
  • 41 (6%) of the 677 U.S. District Court positions are vacant.
  • None (0%) 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.

Onejudge left active status, creating an Article III life-term judicial vacancy. 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.

U.S. Court of Appeals vacancies

The following map shows the number of vacancies on the United States Court of Appeals as of May 1, 2024.

The following map shows the number of vacancies in the United States District Courts as of May 1, 2024.

The following chart shows the number of federal judicial vacancies each month during the Biden administration from January 20, 2021, to May 1, 2024.

New nominations

President Biden has announced seven new nominations since the previousreport.

Since taking office in January 2021, President Biden has nominated 230 individuals to Article III positions.

New confirmations

Since the previous report, the U.S. Senate has confirmed four of President Biden’s nominees to Article III seats.

As of May 1, 2024, the Senate has confirmed 194 of President Biden’s judicial nominees—150 district court judges, 41 appeals court judges, two Court of International Trade judges, and one Supreme Court justice—since January 2021.

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