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Federal judicial nomination, confirmations in first week of February

The U.S. Senate confirmed three of President Joe Biden’s (D) federal judicial nominees on Feb. 1 to lifetime Article III judgeships on the U.S. District Court for the Northern District of Ohio:

Biden nominated Stephanie Dawkins Davis to the U.S. Court of Appeals for the Sixth Circuit on Feb. 2 to replace Judge Helene White, who will assume senior status upon the confirmation of her successor. Currently, Davis is a judge on the United States District Court for the Eastern District of Michigan. She was nominated to that court by President Donald Trump (R) and confirmed by the U.S. Senate in 2019. 

Since taking office, Biden has nominated 82 individuals to federal judgeships on Article III courts. To date, 45 of the nominees have been confirmed. 

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U.S. Senate confirms two nominees to lifetime federal judgeships

The U.S. Senate on Nov. 1 confirmed two of President Joe Biden’s (D) federal judicial nominees to lifetime Article III judgeships:

  1. Beth Robinson, to the United States Court of Appeals for the Second Circuit, by a vote of 51-45
  2. Toby Heytens, to the United States Court of Appeals for the 4th Circuit, by a vote of 53-43

To date, 28 of Biden’s appointees have been confirmed. For historical comparison since 1981, the following list shows the date by which the past six presidents had 28 Article III judicial nominees confirmed by the Senate:

  1. President Donald Trump (R) – March 5, 2018
  2. President Barack Obama (D) – June 7, 2010
  3. President George W. Bush (R) – Dec. 20, 2001
  4. President Bill Clinton (D) – Nov. 20, 1993
  5. President George H.W. Bush (R) – April 27, 1990
  6. President Ronald Reagan (R) – Nov. 18, 1981

As of this writing, four Article III nominees are awaiting a confirmation vote from the U.S Senate, six nominees are awaiting a Senate Judiciary Committee vote to advance their nominations to the full Senate, and 22 nominees are awaiting a hearing before the Senate Judiciary Committee. 

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U.S. Senate confirms Gelpí and O’Hearn to federal judgeships

The U.S. Senate confirmed two of President Joe Biden’s (D) federal judicial nominees to lifetime Article III judgeships on Oct. 18 and 19:

  1. Gustavo Gelpí was confirmed on Oct. 18 to the United States Court of Appeals for the 1st Circuit by a vote of 52-41. Gelpí was nominated to the court on May 12 to replace Judge Juan Torruella, whose judicial service ended upon his death on Oct. 26, 2020. Gelpí was rated Well Qualified by the American Bar Association (ABA). To read more about ABA ratings, click here.
  2. Christine O’Hearn was confirmed on Oct. 19 to the United States District Court for the District of New Jersey by a vote of 53-44. O’Hearn was nominated to the court on April 29 to replace Judge Robert Kugler, who assumed senior status on May 19, 2017. O’Hearn was rated Well Qualified by the ABA.

To date, 18 of Biden’s nominees have been confirmed. For historical comparison since 1981, the following list shows the date by which the past six presidents had 18 Article III judicial nominees confirmed by the Senate:

  1. President Donald Trump (R) – Dec. 13, 2017
  2. President Barack Obama (D) – Mar. 4, 2010
  3. President George W. Bush (R) – Nov. 13, 2001
  4. President Bill Clinton (D) – Nov. 20, 1993
  5. President George H.W. Bush (R) – Mar. 6, 1990
  6. President Ronald Reagan (R) – Oct. 29, 1981

As of this writing, nine Article III nominees are awaiting a confirmation vote from the U.S Senate, five nominees are awaiting a Senate Judiciary Committee vote to advance their nominations to the full Senate, and 19 nominees are awaiting a hearing before the Senate Judiciary Committee.

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Lauren King confirmed to U.S. district court

The U.S. Senate on Oct. 5 confirmed one of President Joe Biden’s (D)federal judicial nominees to a lifetime Article III judgeship:

King was nominated to the Western District of Washington on May 12 to replace Judge Robert Lasnik, who assumed senior status on Jan. 27, 2016. King was rated as Well Qualified by a majority and Qualified by a minorityby theAmerican Bar Association. King will join the court upon receiving her judicial commission and taking her judicial oath.

King is a Muscogee Nation citizen. Once she receives her judicial commission, King will be the first Native American federal judge in Washington state’s history.

To date, 15 of Biden’s appointees have been confirmed. Forhistorical comparison since 1981, the following list shows the date by which the past six presidents had 15 Article III judicial nominees confirmed by the Senate:

  1. PresidentDonald Trump (R) – Nov. 27, 2017
  2. PresidentBarack Obama (D) – Jan. 25, 2010
  3. PresidentGeorge W. Bush (R) – Nov. 6, 2001
  4. PresidentBill Clinton (D) – Nov. 20, 1993
  5. PresidentGeorge H.W. Bush (R) – Nov. 22, 1989
  6. PresidentRonald Reagan (R) – Oct. 21, 1981

As of this writing, 12 Article III nominees are awaiting a confirmation vote from the U.S Senate, two nominees are awaiting a Senate Judiciary Committee vote to advance their nominations to the full Senate, and 22 nominees are awaiting a hearing before the Senate Judiciary Committee.

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Vice President Harris casts eighth tie-breaking vote in NLRB confirmation vote

Vice President Kamala Harris (D) cast her eighth tie-breaking vote in the Senate on Wednesday to confirm Jennifer Ann Abruzzo as general counsel of the National Labor Relations Board. The Senate voted 50-50 along party lines.

Harris previously cast tie-breaking votes related to the confirmation processes of Kiran Ahuja for director of the Office of Personnel Management and Colin Kahl for under secretary of defense for policy.

In the past four decades, vice presidents have cast a total of 40 tie-breaking votes. Vice President Mike Pence (R) cast the most during this time period with 13 tie-breaking votes.

John Adams cast the first tie-breaking vote on July 18, 1789. In total, there have been 276 tie-breaking votes from 37 vice presidents. Twelve vice presidents, including Joe Biden (D) and Dan Quayle (R), never cast a tie-breaking vote during their time in office.



Senate confirms Vilsack for agriculture secretary, Thomas-Greenfield for UN ambassador

The Senate confirmed Linda Thomas-Greenfield, a diplomat who served in the U.S. Foreign Service for three decades, to serve as the U.S. ambassador to the United Nations on Tuesday by a vote of 78-20.

The Senate also confirmed Tom Vilsack for secretary of agriculture by a vote of 92-7. He previously served in this position during the Obama administration.

Six Republican senators and one independent voted against Vilsack’s confirmation:

• Sen. Ted Cruz (R-Texas)

• Sen. Josh Hawley (R-Mo.)

• Sen. Rand Paul (R-Ky.)

• Sen. Marco Rubio (R-Fla.)

• Sen. Rick Scott (R-Fla.)

• Sen. Dan Sullivan (R-Alaska)

Sen. Bernie Sanders (I-Vt.) also voted against Vilsack’s nomination, marking the first time a Democrat or independent who caucuses with the Democrats opposed a Biden nominee.

Thomas-Greenfield and Vilsack will be sworn in on Wednesday.

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Senate confirms first Biden Cabinet nominee

The Senate confirmed Avril Haines as director of national intelligence on January 20, 2021, by a vote of 84-10. Haines previously served as an assistant to the president and principal deputy national security advisor during the Obama administration. Ten Republican senators voted against her confirmation:

  • Sen. Marsha Blackburn (R-Tenn.)
  • Sen. Mike Braun (R-Ind.)
  • Sen. Ted Cruz (R-Texas)
  • Sen. Joni Ernst (R-Iowa)
  • Sen. Bill Hagerty (R-Tenn.)
  • Sen. Josh Hawley (R-Mo.)
  • Sen. Mike Lee (R-Utah)
  • Sen. Roger Marshall (R-Kan.)
  • Sen. Rand Paul (R-Ky.)
  • Sen. James Risch (R-Idaho)

Haines is the first member of President Joe Biden (D)’s Cabinet to be confirmed. Prior to the Senate vote, Biden announced that Lora Shiao would serve as the acting director of national intelligence until Haines was sworn in.



U.S. Senate confirms Court of Federal Claims nominee

On December 19, 2020, the U.S. Senate confirmed Thompson Michael Dietz to the United States Court of Federal Claims by a vote of 51–36. He was nominated to the court by President Donald Trump (R) on July 2, 2020, and will join the court upon receiving his judicial commission and taking his judicial oath. Dietz was nominated to replace Judge Victor J. Wolski, who assumed senior status on July 13, 2018.

The United States Court of Federal Claims is an Article I tribunal, a federal court organized under Article I of the U.S. Constitution.

After Dietz receives his judicial commission, the 16-member Court of Federal Claims will have:

  • Five vacancies
  • Eight Republican-appointed judges
  • Three Democrat-appointed judges

In addition to Dietz, President Trump has appointed seven judges to the court. Another five Trump-appointed nominees are pending. President Barack Obama (D) appointed three judges to the court.

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U.S. Senate confirms two nominees to federal judgeships

The U.S. Senate has confirmed two nominees to federal district court judgeships. The 94 U.S. District Courts are the general trial courts of the United States federal courts.

The U.S. Senate has confirmed 232 of President Trump’s Article III judicial nominees—three Supreme Court justices, 54 appellate court judges, 172 district court judges, and three U.S. Court of International Trade judges—since January 2017.

The nominees are:

• Katherine Crytzer, confirmed to the U.S. District Court for the Eastern District of Tennessee by a 48-47 vote. After she receives her federal judicial commission and takes her judicial oath, the five-member court will have one Democrat-appointed judge, three Republican-appointed judges, and one vacancy. Crytzer will join one other judge appointed by President Trump.

• Joseph Dawson, confirmed to the U.S. District Court for the District of South Carolina by a 56-39 vote. After he receives his federal judicial commission and takes his judicial oath, the 10-member court will have five Democrat-appointed judges, five Republican-appointed judges, and no vacancies. Dawson will join two other judges appointed by President Trump.

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Thomas Kirsch confirmed to U.S. Court of Appeals for the 7th Circuit

The U.S. Senate confirmed nominee Thomas Kirsch to the U.S. Court of Appeals for the 7th Circuit. He was nominated to the court by President Donald Trump (R) on November 16, 2020, and confirmed by a 51-44 vote of the U.S. Senate on December 15, 2020. He will join the court upon receiving his judicial commission and taking his judicial oath. He replaces judge Amy Coney Barrett. 

Kirsch previously served as the United States attorney for the Northern District of Indiana from 2017 to 2020.

The U.S. Senate has confirmed 232 of President Trump’s Article III judicial nominees—three Supreme Court justices, 54 appellate court judges, 172 district court judges, and three U.S. Court of International Trade judges—since January 2017.

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