The _Federal Register_ is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity.
From March 16 to March 20, the _Federal Register_ grew by 1,494 pages for a year-to-date total of 16,226 pages. Over the same period in 2019 and 2018, the _Federal Register_ reached 10,970 pages and 12,848 pages, respectively. As of March 20, the 2020 total led the 2019 total by 5,256 pages and the 2018 total by 3,378 pages.
The _Federal Register_ hit an all-time high of 95,894 pages in 2016.
This week’s _Federal Register_ featured the following 692 documents:
• 568 notices
• seven presidential documents
• 35 proposed rules
• 82 final rules
No rules were deemed significant under E.O. 12866—meaning that they could have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Trump administration in 2020 has issued 10 significant proposed rules and 16 significant final rules as of March 20.
Not all rules issued by the Trump administration are regulatory actions. Some rules are deregulatory actions pursuant to President Trump’s (R) Executive Order 13771, which requires federal agencies to eliminate two old significant regulations for each new significant regulation issued.
Ballotpedia maintains page counts and other information about the _Federal Register_ as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.
Click here to find more information about weekly additions to the _Federal Register_ in 2018 and 2017.
Click here to find yearly information about additions to the _Federal Register_ from 1936 to 2018.
In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from February 4, 2020, to March 2, 2020. Ballotpedia publishes the federal judicial vacancy count at the start of each month.
• Vacancies: There has been one new judicial vacancy since the January 2020 report. There are 72 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, 78 of 890 active federal judicial positions are vacant.
• Nominations: There have been 10 new nominations since the January 2020 report.
• Confirmations: There have been six new confirmations since the January 2020 report.
There were 72 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 8.3, which is 0.3 percentage points lower than the vacancy percentage in January 2020.
• The nine-member U.S. Supreme Court does not have any vacancies.
• One (0.6%) of the 179 U.S. Appeals Court positions is vacant.
• 69 (10.2%) of the 677 U.S. District Court positions are vacant.
• Two (22.2%) 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.
One judge left active status, creating an Article III life-term judicial vacancy. As an Article III judicial position, this vacancy 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 Andrew Brasher left his seat on the U.S. District Court for the Middle District of Alabama after he was elevated to the U.S Court of Appeals for the 11th Circuit.
U.S. Court of Appeals vacancies
The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Donald Trump (R) to the date indicated on the chart.
The following maps show the number of vacancies on the United States Court of Appeals at the inauguration of President Donald Trump (R) and as of March 2, 2020.
President Trump has announced 10 new nominations since the January 2020 report.
• David Dugan, to the U.S. District Court for the Southern District of Illinois
• Iain D. Johnston, to the U.S. District Court for the Northern District of Illinois
• Franklin U. Valderrama, to the U.S. District Court for the Northern District of Illinois
• Christy Wiegand, to the U.S. District Court for the Western District of Pennsylvania
• Saritha Komatireddy, to the U.S. District Court for the Eastern District of New York
• Jennifer Rearden, to the U.S. District Court for the Southern District of New York
• J. Philip Calabrese, to the U.S. District Court for the Northern District of Ohio
• James Knepp II, to the U.S. District Court for the Northern District of Ohio
• Brett H. Ludwig, to the U.S. District Court for the Eastern District of Wisconsin
• Michael J. Newman, to the U.S. District Court for the Southern District of Ohio
Since taking office in January 2017, President Trump has nominated 249 individuals to Article III positions.
Since February 4, 2020, the U.S. Senate has confirmed six of President Trump’s nominees to Article III seats. As of March 2, 2020, the Senate has confirmed 193 of President Trump’s judicial nominees—138 district court judges, 51 appeals court judges, two Court of International Trade judges, and two Supreme Court justices—since January 2017.
• Andrew Brasher, confirmed to the U.S. Court of Appeals for the 11th Circuit
• Matthew Schelp, confirmed to the U.S. District Court for the Eastern District of Missouri
• Joshua Kindred, confirmed to the U.S. District Court for the District of Alaska
• John Kness, confirmed to the U.S. District Court for the Northern District of Illinois
• Philip Halpern, confirmed to the U.S. District Court for the Southern District of New York
• Silvia Carreno-Coll, confirmed to the U.S. District Court for the District of Puerto Rico
Donald Trump has appointed and the Senate confirmed 193 Article III federal judges through March 1, 2020, his fourth year in office. This is the second-most Article III judicial appointments through this point in a presidency of all presidents dating back to Jimmy Carter. Only Carter (207) had more.
The average number of federal judges appointed by a president at the end of their third year in office is 165.
The median number of Supreme Court appointees is two. Four presidents (H.W. Bush, Clinton, Obama, and Trump) made two appointments. Presidents Jimmy Carter (D) George W. Bush (R) did not appoint any justices through this point in their presidencies.
The median number United States Court of Appeals appointees is 30. Trump appointed the most with 51, and Ronald Reagan (R) appointed the fewest with 24.
The median number of United States District Court appointees is 138. President Carter (D) appointed the most with 157, and President Reagan (R) appointed the fewest with 97.
Article III federal judges are appointed for life terms by the president of the United States and confirmed by the U.S. Senate per Article III of the United States Constitution. Article III judges include judges on the: Supreme Court of the United States, U.S. courts of appeal, U.S. district courts, and the Court of International Trade.