Through May 17, 2023, there were 890 authorized federal judicial posts and 75 vacancies. Seventy-three of those vacancies were for Article III judgeships. This report is limited to Article III courts, where appointees are confirmed to lifetime judgeships.
From April 2 to May 1, one judge was confirmed.
From April 2 to May 1, two judges were nominated.
By May 1, 832 days in office, President Joe Biden (D) had nominated 154 judges to Article III judgeships. For historical comparison*:
President Donald Trump (R) had nominated 248 individuals, 152 of whom were confirmed to their positions.
President Barack Obama (D) had nominated 180 individuals, 121 of whom were confirmed.
President George W. Bush (R) had nominated 254 individuals, 167 of whom were confirmed.
*Note: These figures include unsuccessful nominations.
The following data visualizations track the number of Article III judicial nominations by president by days in office during the Biden, Trump, Obama, and W. Bush administrations (2001-present).
The first tracker is limited to successful nominations, where the nominee was ultimately confirmed to their respective court:
The second tracker counts all Article III nominations, including unsuccessful nominations (for example, the nomination was withdrawn or the U.S. Senate did not vote on the nomination), renominations of individuals to the same court, and recess appointments. A recess appointment is when the president appoints a federal official while the Senate is in recess.
The data contained in these charts is compiled by Ballotpedia staff from publicly available information provided by the Federal Judicial Center. The comparison by days shown between the presidents is not reflective of the larger states of the federal judiciary during their respective administrations and is intended solely to track nominations by president by day.
Correction: In our February, March, and April updates, there were errors in our nominations calculations. We regret the errors.
Through Nov. 1, 2022, there were 890 authorized federal judicial posts and 89 vacancies. Eighty-seven of those were for Article III judgeships. This report is limited to Article III courts, where appointees are confirmed to lifetime judgeships.
In the past month, no judges have been confirmed
In the past month, one judge was nominated.
By Nov. 1, 651 days in office, President Joe Biden (D) had nominated 142 judges to Article III judgeships. For historical comparison*:
President Donald Trump (R) had nominated 175 individuals, 86 of whom were ultimately confirmed to their positions.
President Barack Obama (D) had nominated 105 individuals, 71 of whom were confirmed.
President George W. Bush (R) had nominated 171 individuals, 100 of whom were confirmed.
*Note: These figures include unsuccessful nominations.
The following data visualizations track the number of Article III judicial nominations by president by days in office during the Biden, Trump, Obama, and W. Bush administrations (2001-present).
The first tracker is limited to successful nominations, where the nominee was ultimately confirmed to their respective court:
The second tracker counts all Article III nominations, including unsuccessful nominations (for example, the nomination was withdrawn or the U.S. Senate did not vote on the nomination), renominations of individuals to the same court, and recess appointments. A recess appointment is when the president appoints a federal official while the Senate is in recess.
The data contained in these charts is compiled by Ballotpedia staff from publicly available information provided by the Federal Judicial Center. The comparison by days shown between the presidents is not reflective of the larger states of the federal judiciary during their respective administrations and is intended solely to track nominations by president by day.
Through July 1, 2022, there were 890 authorized federal judicial posts and 77 vacancies. Seventy-five of those were for Article III judgeships. This report is limited to Article III courts, where appointees are confirmed to lifetime terms.
In the past month, three judges have been confirmed
In the past month, nine judges have been nominated*.
*Note: This figure includes nomination announcements in addition to nominations officially received in the Senate.
By July 1, 528 days in office, President Joe Biden (D) had nominated 105 judges to Article III judgeships. For historical comparison**:
President Donald Trump (R) had nominated 153 individuals, 85 of whom were ultimately confirmed to their positions.
President Barack Obama (D) had nominated 80 individuals, 64 of whom were confirmed.
President George W. Bush (R) had nominated 147 individuals, 89 of whom were confirmed.
**Note: These figures include unsuccessful nominations.
The following data visualizations track the number of Article III judicial nominations by president by days in office during the Biden, Trump, Obama, and W. Bush administrations (2001-present).
The first tracker is limited to successful nominations, where the nominee was ultimately confirmed to their respective court:
The second tracker counts all Article III nominations, including unsuccessful nominations (for example, the nomination was withdrawn or the U.S. Senate did not vote on the nomination), renominations of individuals to the same court, and recess appointments. A recess appointment is when the president appoints a federal official while the Senate is in recess.
The data contained in these charts is compiled by Ballotpedia staff from publicly available information provided by the Federal Judicial Center. The comparison by days shown between the presidents is not reflective of the overall status of the federal judiciary during their respective administrations and is intended solely to track nominations by president by day.
In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies in Article III courts during the month of June through July 1, 2022. Ballotpedia publishes the federal judicial vacancy count at the start of each month.
Nominations: There were nine new nominations since the May 2022 report.
Confirmations: There were three confirmations since the May 2022 report.
Three judges left their respective courts, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, 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.
The following chart tracks the number of vacancies on the United States Court of Appeals at the inauguration of President Joe Biden (D) and at the date indicated on the chart.
The following maps show the number of vacancies on the United States Court of Appeals at Biden’s inauguration and as of July 1, 2022.
Biden announced nine new nominations since the previous report. Since taking office in January 2021, Biden has nominated 105 individuals to Article III positions.
As of July 1, 2022, the Senate had confirmed 69 of Biden’s judicial nominees—52 district court judges, 16 appeals court judges, and one Supreme Court justice. To review a complete list of Biden’s confirmed nominees, click here.
Patricia Guerrero was sworn in to the California Supreme Court on March 28, 2022. Founded in 1849, the California Supreme Court is the state’s court of last resort and has seven judgeships. Of the seven current justices, five were appointed by Democratic governors and two by a Republican governor.
Gov. Gavin Newsom (D) appointed Guerrero on Feb. 15, 2022, to a seat on the California Supreme Court to replace Justice Mariano-Florentino Cuéllar. He resigned on Oct. 31, 2021, to become president of the Carnegie Endowment for International Peace. The Commission on Judicial Appointments confirmed Guerrero’s appointment on March 22, 2022, and she was sworn in on March 28. Prior to joining the court, Guerrero was a judge of the California Fourth District Court of Appeal, Division One from 2017 to 2022.
The seven justices of the California Supreme Court are selected by gubernatorial appointment. The state bar’s Commission on Judicial Nominee Evaluation recommends candidates to the governor after examining their qualifications and fitness. If they wish to retain their seat for the remainder of the unexpired term, newly-appointed judges are required to participate in yes-no retention elections occurring at the time of the next gubernatorial race, which is held every four years. After the first election, subsequent retention elections are for full 12-year terms.
California is one of 46 states to fill supreme court vacancies via a form of gubernatorial appointment. Illinois fills vacancies via the state supreme court, while Louisiana uses the special election method. Virginia and South Carolina fill vacancies through legislative elections.
Both the House and Senate are in session next week. Click here to see the full calendar for the second session of the 117th Congress.
Forty-seven members of Congress—six members of the U.S. Senate and 41 members of the U.S. House—have announced they will not seek re-election. Thirty-two members—six senators and 26 representatives—have announced their retirement. Five retiring Senate members are Republicans and one is a Democrat, and of the retiring House members, 20 are Democrats and six are Republicans.
SCOTUS is out of session
The Supreme Court will not hear oral arguments next week. To learn about the 2021-2022 term, click here.
Where was the president last week?
On Monday, Biden traveled from New Castle, Delaware, to the White House.
On Tuesday, Biden received the Weekly Economic Briefing.
On Wednesday, Biden held a press conference.
On Thursday, Biden met with members of the Infrastructure Implementation Task Force to discuss delivering results from the Bipartisan Infrastructure Law.
On Friday, Biden did not have any events scheduled.
For historical comparison, on Jan. 23, 2021, there were 49 federal judicial vacancies and five upcoming vacancies in the federal judiciary reported by the U.S. Courts.
Arizona redistricting commission approves new congressional districts
The Arizona Independent Redistricting Commission voted 3-2 in favor of the state’s new congressional district boundaries. The commission’s nonpartisan chairwoman joined the group’s two Republican members in voting in favor of the map, and the commission’s two Democratic members were opposed. The commission previously voted in favor of the congressional map by a 5-0 vote on Dec. 22, 2021, which was followed by a period for counties to request administrative changes before the final vote on Jan. 18.
The commission is responsible for drawing both congressional and state legislative district lines and is composed of five members. Of these, four are selected by the majority and minority leaders of each chamber of the state legislature from a list of 25 candidates nominated by the state commission on appellate court appointments. The fifth member of the commission must belong to a different political party than the other commissioners.
At the time of the map’s enactment, Democrats held five U.S. House seats in Arizona, and Republicans held four. The Arizona Republic‘s Ray Stern wrote, “The new map, should it withstand legal challenges, favors Republicans in five — and possibly six — of the state’s nine districts.”
Kentucky adopts new congressional map after legislature overrides gubernatorial veto
Kentucky adopted new congressional district boundaries on Jan. 20 after the general assembly overrode Gov. Andy Beshear’s (D) veto of legislation establishing the state’s new congressional map. Beshear vetoed Senate Bill 3 —the congressional redistricting legislation —on Jan. 19. The vote to override the governor’s veto was 26-8 in the state Senate, with 23 Republicans and three Democrats voting in favor and five Democrats and three Republicans opposing it. The override vote was 64-24 in the state House, with all votes in favor cast by Republicans. Twenty-one Democrats and three Republicans voted to sustain Beshear’s veto.
In his veto statement, Gov. Beshear wrote, “I am vetoing Senate Bill 3 because it was drafted without public input and reflects unconstitutional political gerrymandering…Plainly, this map is not designed to provide fair representation to the people of Kentucky and was not necessary because of population changes.”
After Beshear’s veto, Kentucky House Speaker David Osborne (R) issued a statement that said, in part, “We are disappointed that the Governor has chosen to again veto lawfully enacted legislation. He is wrong on the facts, wrong on the law, and he knows it. This proposal meets all legal considerations. We will use our legislative authority to override this veto.”
Senate Bill 3 was introduced on Jan. 4 with the Senate voting in favor, 28-4, on Jan. 6 and the House approving, 65-25, on Jan. 8.
Twenty-eight U.S. senators running for re-election, six retiring
With Sens. Ron Johnson’s (R-Wis.) and John Thune’s (R-S.D.) recent announcements that they will seek re-election, all incumbent senators up for re-election in 2022 have made their decisions. Twenty-eight senators are seeking re-election—15 Republicans and 13 Democrats. Six senators are retiring—five Republicans and one Democrat. This is the highest number of Republicans not seeking re-election since at least 2012.
In every election cycle within that time until the current one, either two or three Republican senators did not seek re-election. The number of retiring Democrats has ranged from zero to six.
The six open races in 2022 are in Alabama, Missouri, North Carolina, Ohio, Pennsylvania, and Vermont. Republicans hold the Senate seat in all states except Vermont. Three of the open Senate races—in North Carolina, Pennsylvania, and Ohio—have at least one competitive rating (Toss-up, Tilt Republican, or Lean Republican) from three election forecasters.
Our battleground Senate races list currently consists of eight states: Arizona, Florida, Georgia, Nevada, New Hampshire, North Carolina, Pennsylvania, and Wisconsin. Democrats and Republicans each hold four of the battleground seats going into the elections.
Democrats have an effective majority in the Senate, with each party holding 50 seats and Vice President Kamala Harris (D) serving as the tie-breaking vote.
Looking back at Joe Biden’s first year in office
One year ago, Joe Biden (D) assumed office as the 46th president of the United States. Here’s a closer look at the first year of his administration:
Biden issued 77 executive orders, 46 presidential memoranda, 195 proclamations, and 26 notices. Biden’s 77 executive orders issued in his first year is higher than the average number of executive orders issued each year by other recent presidents. Donald Trump (R) issued 55 on average each year, Barack Obama (D) issued 35, and George W. Bush (R) issued 36.
We tracked five pieces of key legislation proposed before Congress during Biden’s first year, two of which he has signed into law. Biden signed the American Rescue Plan Act of 2021 into law on March 11, 2021. The bill aimed to provide economic relief in response to the COVID-19 pandemic. The second key bill that became law was the Infrastructure Investment and Jobs Act of 2021, which provided funds to build new infrastructure, invest in Amtrak, and repair and replace bridges, among other things. Biden signed the bill into law on November 15, 2021.
Since taking office, Biden has nominated 81 individuals to federal judgeships on Article III courts. As of January 20, 2022, 42 of the nominees have been confirmed. The monthly federal vacancy count report from January 1 said 11 of Biden’s confirmed judges were for the U.S. Court of Appeals, while 29 were for the U.S. District Courts. At the same point during previous presidential administrations, Trump had appointed 19 federal judges, Obama had appointed 13, and W. Bush had appointed 28.
During Biden’s first year, he issued no presidential pardons or commutations. During fiscal year 2017, Trump issued one pardon and no commutations. Obama and W. Bush issued no pardons or commutations during the first fiscal year of their presidencies.
To date, Biden has nominated 73 individuals to Article III federal judgeships. Forty of the nominees have been confirmed. There were 67 Article III vacancies in the federal judiciary as of Dec. 23.
President Joe Biden (D) has appointed and the Senate has confirmed eight Article III federal judges through August 1 of his first year in office. This is the largest number of Article III judicial appointments through this point in all presidencies going back to President Ronald Reagan (R). The Senate had confirmed five of President Donald Trump’s (R) appointees at this point in his term.
The average number of federal judges appointed by a president through August 1 of their first year in office is three.
The median number of Supreme Court justices appointed at this point in a presidency is zero. Of the last seven presidents, only Trump had a confirmed Supreme Court justice at this point in his term.
The median number of United States Court of Appeals appointees at this point is one. Trump and Biden appointed the most with three each. Presidents Reagan, Bill Clinton (D), and Barack Obama (D) appointed the fewest with zero.
The median number of United States District Court appointees at this point in a term is two. Biden appointed the most with five. Clinton and Obama appointed the fewest with zero.
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.
Oklahoma Gov. Kevin Stitt (R) appointed Dana Kuehn to the Oklahoma Supreme Court on July 26. The appointment filled a vacancy on the court caused by former Justice Tom Colbert’s retirement on Feb. 1. Kuehn is Stitt’s third nominee to the nine-member supreme court.
Under Oklahoma law, state supreme court justices are selected by the governor with help from a nominating commission. The nominating commission puts forward a list of three names from which the governor chooses the appointee. The appointed judge serves an initial term of at least one year before standing for retention in the next general election.
Before her appointment to the supreme court, Kuehn served as a judge on the Oklahoma Court of Criminal Appeals. She was appointed to that seat in 2017. From 2006 to 2017, Kuehn was a Tulsa County associate district judge. Prior to becoming a judge, she worked as a Tulsa County district attorney and as an attorney in private practice with Steidley & Neal, PLLC. Kuehn earned a B.A. in political science from Oklahoma State University and a J.D. from the University of Tulsa College of Law.
With her appointment to the supreme court, Kuehn became the first woman to serve on both of Oklahoma’s high courts.
In 2021, there have been 14 supreme court vacancies in 12 of the 29 states where replacement justices are appointed instead of elected. To date, 12 of those vacancies have been filled.
Governor Brian Kemp (R) appointed Verda Colvin to the Georgia Supreme Court and Fitz Johnson to the Georgia Public Service Commission on July 20 and 21, respectively. Colvin will fill the vacancy left by Justice Harold Melton, who retired on July 1 of this year, while Johnson will take former Commissioner Chuck Eaton’s position. Governor Kemp appointed Eaton to the Fulton County Superior Court on July 20.
Founded in 1845, the Georgia Supreme Court is the state’s court of last resort and has nine judgeships. The current chief of the court is David Nahmias. As of July 2021, Republican governors appointed seven judges (eight once Colvin is sworn in) on the court and one was initially selected in a nonpartisan election. Judges are selected using the nonpartisan election of judges system. They serve six-year terms. When an interim vacancy occurs, the seat is filled using the assisted appointment method of judicial selection with the governor picking the interim justice from a slate provided by the Georgia Judicial Nominating Commission.
The Georgia Public Service Commission is a quasi-executive, quasi-legislative state body responsible for regulating Georgia’s public utilities: electric, gas, telecommunications, and transportation firms. The commission is composed of five popularly elected members who serve staggered, six-year terms. If a vacancy occurs, the governor appoints a replacement to serve until the next general election. According to The Atlanta Journal-Constitution, Johnson must win election in November 2022 to serve the remainder of Eaton’s term, which expires in 2024.
