Welcome to the Nov. 11 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

“Honor to the Soldier, and Sailor everywhere, who bravely bears his country’s cause”
-Abraham Lincoln

It’s time for another edition as SCOTUS enters the second week of its November sitting. As always, we have a lot to catch up on, so grab a seat, and let’s gavel in!

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Arguments review

Here’s a quick roundup of the arguments that the Court heard last week since the previous edition of Robe & Gavel:

Nov. 4

• Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath

Nov. 5

• Advocate Christ Medical Center v. Becerra
• E.M.D. Sales, Inc. v. Carrera

Nov. 6

• Facebook, Inc. v. Amalgamated Bank

Grants

SCOTUS has accepted four new cases to its merits docket since our Oct. 14 edition. To date, the court has agreed to hear 45 cases for the 2024-2025 term. Thirty-three cases have yet to be scheduled for arguments.

Click the links below to learn more about these cases:

• Oklahoma v. Environmental Protection Agency originated from the United States Court of Appeals for the Tenth Circuit and concerns whether the Environmental Protection Agency’s final agency action under the Clean Air Act can be challenged in the U.S. Court of Appeals for the District of Columbia Circuit.
• Environmental Protection Agency v. Calumet Shreveport Refining, LLC concerns whether the U.S. Court of Appeals for the District of Columbia Circuit must be the venue for small oil refinery challenges to the requirements of the Clean Air Act‘s Renewable Fuel Standard program. The case originated from the U.S. Court of Appeals for the Fifth Circuit.
• Riley v. Garland concerns 8 U.S.C. § 1252. The case originated from the U.S. Court of Appeals for the Fourth Circuit.
• Louisiana v. Callais concerns the congressional map that the Louisiana legislature adopted in 2024. The case originated from the U.S. District Court for the Western District of Louisiana.

Arguments

The Supreme Court will hear three arguments this week. Click here to read more about SCOTUS’ current term.

Click the links below to learn more about these cases:

Nov. 12

• Velazquez v. Garland concerns 8 U.S.C. § 1229c(d)(1)’s voluntary-departure period.
  • The questions presented: “When a noncitizen’s voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart??
• Delligatti v. United States concerns 18 U.S. Code § 924 – Penalties § 924(c), a U.S. law establishing a mandatory minimum prison sentence for carrying a firearm during a crime of violence.
  • The questions presented: “Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.”

Nov. 13

• NVIDIA Corp. v. E. Ohman J: or Fonder AB concerns proving or demonstrating scienter related to securities fraud lawsuits, based on internal company documents.
  • The questions presented: “1. Whether plaintiffs seeking to allege scienter under the PSLRA based on allegations about internal company documents must plead with particularity the contents of those documents.
    “2. Whether plaintiffs can satisfy the PSLRA’s falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact.”

In its October 2023-2024 term, SCOTUS heard arguments in 62 cases. Click here to read more about SCOTUS’ previous term.

Opinions

SCOTUS has ruled on one case since our previous edition. The court has issued rulings in one case so far this term. 

Click the links below to read more about the specific cases SCOTUS ruled on since Oct 14:

Nov. 4

• Hamm v. Smith 
  • The case concerns the U.S. District Court for the Southern District of Alabama‘s judgment that Joseph Clifton Smith is ineligible for the death penalty due to intellectual disability.
  • The outcome: In a per curiam ruling, SCOTUS vacated the U.S. Court of Appeals for the Eleventh Circuit’s ruling and remanded the case for further proceedings, holding that it was unclear how the court of appeals reached its conclusion that Smith is intellectually disabled

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

• Nov. 12: SCOTUS will hear arguments in two cases.
• Nov. 13: SCOTUS will hear arguments in one case.
• Nov. 15: 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 U.S. Article III federal courts in a one-month period. This month’s edition includes nominations, confirmations, and vacancies from Oct. 2 to Nov. 1. 

Highlights

• Vacancies: There are three new judicial vacancies since the Oct. 2 report. There are 46 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, 46 of 890 active federal judicial positions are vacant.  
• Nominations: There were two new nominations since the October 2024 report. 
• Confirmations: There were no new confirmations since the October 2024 report.

Vacancy count for Nov. 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

Three judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.

• Judge Philip Gutierrez assumed senior status on the U.S. District Court for the Central District of California.
• Judge Murray Snow assumed senior status on the U.S. District Court for the District of Arizona.
• Judge William Kayatta assumed senior status on the U.S. District Court for the First Circuit.

The following chart tracks the number of vacancies in theU.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 theU.S. District Courts as of Nov. 1.

New nominations

President Biden announced two new nominations since the Oct. 1 report:

• Serena R. Murillo, to the U.S. District Court for the Central District of California.
• Benjamin Cheeks, to the U.S. District Court for the Southern District of California.

The president has announced 253 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

There were no confirmations since the previous report.

As of Nov. 1, 2024, the Senate has confirmed 213 of President Biden’s Article III judicial nominees—166 district court judges, 44 appeals court judges, two international trade judges, and one Supreme Court justice—since his inauguration on Jan. 20, 2021. To review a complete list of Biden’s confirmed nominees, click here.

Comparison of Article III judicial appointments over time by president (1981-Present)

• Presidents have made an average of 194 judicial appointments through November 1 of their fourth year in office.
• President Donald Trump (R) made the most appointments through Nov. 1 of his fourth year with 220. President Barack Obama (D) made the fewest with 160.
• President Donald Trump (R) made the most appointments through four years with 234. President Ronald Reagan (R) made the fewest through four years with 153.
• President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
• President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.

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 Dec. 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.