Tagvacancy

Ballotpedia releases federal judicial vacancy count for September

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from September 2, 2020, to October 1, 2020. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

Vacancies: There have been two new judicial vacancies since the previous report. There are 59 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, 64 of 890 active federal judicial positions are vacant.

Nominations: There have been four new nominations since the previous report.

Confirmations: There have been 15 new confirmations since the previous report.

New vacancies

There were 59 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 6.3, which is 1.5 percentage points lower than the vacancy percentage in August 2020.

• One (11.1%) of the nine U.S. Supreme Court seats is vacant.

• None of the 179 U.S. Appeals Court positions are vacant.

• 56 (8.3%) 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.

Two judges left active status, creating Article III life-term judicial vacancies. As Article III judicial positions, these 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.

1. Associate Justice Ruth Bader Ginsburg died on September 18, 2020, vacating her seat on the Supreme Court of the United States.

2. Judge Pamela Reeves died on September 10, 2020, vacating her seat on the U.S. District Court for the Eastern District of Tennessee.

*New nominations*

President Trump has announced four new nominations since the August 2020 report.

Amy Coney Barrett, to the Supreme Court of the United States.

Charles Atchley, to the U.S. District Court for the Eastern District of Tennessee.

Katherine Crytzer, to the U.S. District Court for the Eastern District of Tennessee.

Joseph Dawson, to the U.S. District Court for the District of South Carolina.

Since taking office in January 2017, President Trump has nominated 271 individuals to Article III positions.

New confirmations

Since September 2, 2020, the U.S. Senate has confirmed 15 of President Trump’s nominees to Article III seats. As of October 1, 2020, the Senate has confirmed 218 of President Trump’s judicial nominees—161 district court judges, 53 appeals court judges, two Court of International Trade judges, and two Supreme Court justices—since January 2017.

Roderick Young, confirmed to the U.S. District Court for the Eastern District of Virginia.

John Hinderaker, confirmed to the U.S. District Court for the District of Arizona.

Iain Johnston, confirmed to the U.S. District Court for the Northern District of Illinois.

Franklin Valderrama, confirmed to the U.S. District Court for the Northern District of Illinois.

David Dugan, confirmed to the U.S. District Court for the Southern District of Illinois.

Stephen P. McGlynn, confirmed to the U.S. District Court for the Southern District of Illinois.

Todd Robinson, confirmed to the U.S. District Court for the Southern District of California.

Stanley Blumenfeld, confirmed to the U.S. District Court for the Central District of California.

John Holcomb, confirmed to the U.S. District Court for the Central District of California.

Mark Scarsi, confirmed to the U.S. District Court for the Central District of California.

Diane Gujarati, confirmed to the U.S. District Court for the Eastern District of New York.

Thomas Cullen, confirmed to the U.S. District Court for the Western District of Virginia.

Hala Jarbou, confirmed to the U.S. District Court for the Western District of Michigan.

Christy Wiegand, confirmed to the U.S. District Court for the Western District of Pennsylvania.

Brett Ludwig, confirmed to the U.S. District Court for the Eastern District of Wisconsin.

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What happens if a presidential nominee becomes incapacitated before the election?

Political parties set procedures for how to fill vacancies on the national ticket in the event that a presidential or vice-presidential candidate withdraws from the race or becomes incapacitated.

The Democratic National Committee outlines the process it uses to fill vacancies in its Charter and Bylaws. In the event of a vacancy on the national ticket, the Chairperson of the DNC, currently Tom Perez, would call a special meeting, and members of the DNC would select a replacement candidate.

Meanwhile, the Republican National Committee allows for two options for selecting a replacement candidate. The first option is for the members of the RNC to select a candidate. The second option is for the party to hold a second national convention. In that case, the party’s delegates would select the replacement candidate.

However, whether it is possible for a party to change a candidate’s name on the ballot depends on ballot certification deadlines set by the states. These certification deadlines have passed, and absentee and early voting in the 2020 presidential election have already begun in some states.

The Electoral College could assume an important role in the event that a presidential candidate becomes incapacitated after it is no longer possible to replace his or her name on the ballot. In some states, electors are not required by law to vote for the candidate who wins the popular vote in their state or district. These electors could vote for a replacement candidate that their political party has selected.

Other states do have laws that require electors to vote for the candidate who wins the popular vote in their state or district. However, it is a controversial legal question whether these laws are binding in the scenario where the winning candidate is unable to serve. Whether it is legal for electors in these states to vote for a party’s replacement candidate would likely be settled in the courts.

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Ballotpedia releases federal judicial vacancy count for July 2020

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies to all United States Article III federal courts from July 2, 2020, to August 3, 2020. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

Vacancies: There have been two new judicial vacancies since the June 2020 report. There are 73 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the U.S. Court of Federal Claims and the United States territorial courts, 79 of 890 active federal judicial positions are vacant.
Nominations: There have been no new nominations since the June 2020 report.

Confirmations: There have been two new confirmations since the June 2020 report.

New vacancies

There were 73 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 8.4.
• The nine-member U.S. Supreme Court does not have any vacancies.
• None of the 179 U.S. Appeals Court positions are vacant.
• 71 (10.5%) 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 U.S. Constitution, are appointed for life terms.

Two judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, these 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.
1. Judge Virginia Covington assumed senior status on the U.S. District Court for the Middle District of Florida.

2. Judge Federico Moreno assumed senior status on the U.S. District Court for the Southern District of Florida.

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 Trump’s inauguration and as of August 1, 2020.

New nominations

Trump has not announced any new nominations since the June 2020 report. Since taking office in January 2017, Trump has nominated 262 individuals to Article III positions.

New confirmations
Since July 2, 2020, the United States Senate has confirmed two of Trump’s nominees to Article III seats.
• David Joseph, confirmed to the United States District Court for the Western District of Louisiana.

• Scott Hardy, confirmed to the United States District Court for the Western District of Pennsylvania.

As of August 3, 2020, the Senate has confirmed 202 of Trump’s judicial nominees—145 district court judges, 53 appeals court judges, two Court of International Trade judges, and two Supreme Court justices—since January 2017.

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Ballotpedia releases federal judicial vacancy count for May

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies from May 2, 2020, to June 2, 2020. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS
• Vacancies: There have not been any new judicial vacancies since the April 2020 report. There are 74 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, 80 of 890 active federal judicial positions are vacant.
• Nominations: There have been five new nominations since the April 2020 report.
• Confirmations: There have been four new confirmations since the April 2020 report.

New vacancies
There were 74 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 8.5.
• 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.
• 71 (10.5%) 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.

No judges created Article III life-term judicial vacancies by leaving active status. Vacant Article III judicial positions must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.

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 April 2, 2020.


New nominations
President Trump has announced five new nominations since the April 2020 report.
1. Roderick Young, to the U.S. District Court for the Eastern District of Virginia
2. Toby Crouse, to the U.S. Court for the District of Kansas
3. Edmund LaCour, to the U.S. District Court for the Middle District of Alabama
4. Fred Federici, to the U.S. District Court for the District of New Mexico
5. Brenda Saiz, to the U.S. District Court for the District of New Mexico

Since taking office in January 2017, President Trump has nominated 260 individuals to Article III positions.

New confirmations
Since May 2, 2020, the U.S. Senate has confirmed four of President Trump’s nominees to Article III seats. As of June 2, 2020, the Senate has confirmed 197 of President Trump’s judicial nominees—142 district court judges, 51 appeals court judges, two Court of International Trade judges, and two Supreme Court justices—since January 2017.
1. Scott Rash, confirmed to the U.S. District Court for the District of Arizona
2. Anna Manasco, confirmed to the U.S. District Court for the Northern District of Alabama
3. John Heil, confirmed to the U.S. District Courts for the Northern, Eastern, and Western Districts of Oklahoma
4. John L. Badalamenti, confirmed to the U.S. District Court for the Middle District of Florida

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Henderson appointed to New Mexico Court of Appeals

Shammara Henderson (D), the first Black judge appointed to the New Mexico Court of Appeals, reportedly started hearing cases at the beginning of March. Gov. Michelle Lujan Grisham (D) appointed Henderson to the court on February 14, 2020, following the retirement of former judge M. Monica Zamora (D) in January.

Henderson’s appointment to the intermediate appellate court is her first judicial position. She worked in the United States Attorney’s Office in New Mexico for six years before moving into private law practice in 2017. She served as the Associate General Counsel to former Gov. Bill Richardson (D) from 2008-2009.

The president of the New Mexico Black Lawyers Association, Aja Brooks, confirmed to The Associated Press that Henderson is the first African-American judge to be appointed to the state appeals court.

Henderson will finish the remainder of Zamora’s eight-year term which runs through the end of 2020. She must run in a partisan general election on Nov. 3, 2020, in order to remain on the court. A second position on the state Court of Appeals, currently held by Judge Zachary Ives, is also up for election this year. Both Ives and Henderson have filed to run.

Click here to learn more.

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Ballotpedia releases federal judicial vacancy count for February

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.

HIGHLIGHTS
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.

New vacancies
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.

New nominations
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.

New confirmations
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

Click here to learn more.

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