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:
- Medical Marijuana, Inc. v. Horn originated from the U.S. Court of Appeals for the Second Circuit and concerns damages claims under the Racketeer Influenced and Corrupt Organizations Act (RICO).
- Bouarfa v. Mayorkas concerns whether an individual can obtain judicial review regarding a revoked visa petition based on non-discretionary criteria. The case originated from the U.S. Court of Appeals for the Eleventh Circuit.
- Lackey v. Stinnie originated from the U.S. Court of Appeals for the Fourth Circuit and concerns the standard necessary to qualify as a prevailing party in a case in order to be awarded attorney’s fees.
- Royal Canin U.S.A., Inc. v. Wullschleger concerns 28 U.S.C. § 1331. The case originated from the U.S. Court of Appeals for the Eighth Circuit.
- Bufkin v. McDonough concerns enforcement of the benefit-of-the-doubt rule under Title 38 of the United States Code on military veterans’ benefits claims. The case originated from the U.S. Court of Appeals for the Federal Circuit.
- Garland v. VanDerStok concerns the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) authority to issue a rule regulating firearm parts kits, which the agency refers to as ghost guns. The case originated from the U.S. Court of Appeals for the Fifth Circuit.
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.
- Judge Dale Fischer assumed senior status on the U.S. District Court for the Central District of California.
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:
- Michelle Williams Court, to the U.S. District Court for the Central District of California
- Anne Hwang, to the U.S. District Court for the Central District of California
- Danna Jackson, to the U.S. District Court for the District of Montana
- Sarah Netburn, to the U.S. District Court for the Southern District of New York
- Stacey Neumann, to the U.S. District Court for the District of Maine
- April Perry, to the U.S. District Court for the Northern District of Illinois
- Cynthia Valenzuela, to the U.S. District Court for the Central District of California
On May 8, President Biden announced four new nominations:
- Embry Kidd, to the U.S. Court of Appeals for the Eleventh Circuit
- Adam Abelson, to the U.S. District Court for the District of Maryland
- Joseph Saporito, Jr., to the U.S. District Court for the Middle District of Pennsylvania
- Meredith Vacca, to the U.S. District Court for the Western District of New York
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.
- Susan Bazis, to the U.S. District Court for the District of Nebraska
- Robert White, to the U.S. District Court for the Eastern District of Michigan
- Ann Marie McIff Allen, to the U.S. District Court for the District of Utah
- Georgia Alexakis, to the U.S. District Court for the Northern District of Illinois
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.