On The Bench: Week of January 26, 2024

The Senate made encouraging progress on judicial nominations this week. As of this writing, the Senate confirmed 3 Article III nominees: Magistrate Judge Jacquelyn Austin (D.S.C.), Judge Cristal Brisco (N.D. Ind.), and Judge Gretchen Lund (N.D. Ind.). The Senate also invoked cloture on Magistrate Judge Joshua Kolar (7th Cir.) and Kirk Sherriff (E.D. Cal.), setting up potential confirmation votes. Once the Senate confirms this group of nominees, there will still be 15 nominees waiting on the Senate floor.

On Wednesday, the Senate Judiciary Committee held a hearing for 5 Article III nominees: Judge Ann Marie McIff Allen (D. Utah), Magistrate Judge Susan Bazis (D. Neb.), Ernest Gonzalez (W.D. Tex.), Magistrate Judge Kelly Rankin (D. Wyo.), and Magistrate Judge Leon Schydlower (W.D. Tex.). All the nominees are now eligible for a committee vote.

As of January 25, there are 88 Article III vacancies, 58 of which are current. Once the announced nominees are officially nominated, then there will be 28 pending nominees: 17 waiting for floor votes, 5 waiting to be reported out of the Senate Judiciary Committee, and 6 waiting for hearings before the Committee. To date, 171 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of January 18, 2024

Due to working on government funding, the Senate made limited progress on judicial nominations this week. As of this writing, the Senate has not confirmed any judicial nominees.

On Thursday, the Senate Judiciary Committee held an executive business meeting for a large batch of judicial nominees. At the meeting, the Committee voted on nominees who were renominated by the White House earlier this year. In total, the Committee advanced 19 Article III nominees to the floor: Magistrate Judge Joshua Kolar (7th Cir.), Nicole Berner (4th Cir.), Adeel Mangi (3d Cir.), Seth Aframe (1st Cir.), Lisa Wang (Ct. Int’l Trade), Joseph Laroski (Ct. Int’l Trade), Judge Amy Baggio (D. Or.), Judge Cristal Brisco (N.D. Ind.), Judge Gretchen Lund (N.D. Ind.), Judge Eumi Lee (N.D. Cal.), Magistrate Judge Mustafa Kasubhai (D. Or.), Magistrate Judge Edward Kiel (D.N.J.), Kirk Sherriff (E.D. Cal.), Sarah Russell (D. Conn.), Magistrate Judge Jacquelyn Austin (D.S.C.), Magistrate Judge Jacqueline Becerra (S.D. Fla.), Magistrate Judge Melissa Damian (S.D. Fla.), David Leibowitz (S.D. Fla.), and Magistrate Judge Julie Sneed (M.D. Fla.).

As of January 18, there are 90 Article III vacancies, 61 of which are current. Once the announced nominees are officially nominated, then there will be 31 pending nominees: 20 waiting for floor votes, 0 waiting to be reported out of the Senate Judiciary Committee, and 11 waiting for hearings before the Committee. To date, 168 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of January 11, 2024

The Senate returned from recess this week and began working on judicial nominations. As of this writing, the Senate has confirmed two of the three candidates that Majority Leader Schumer filed cloture on last month: Magistrate Judge John Kazen (S.D. Tex.) and Magistrate Judge Kato Crews (D. Colo.).

Earlier this week, the White House began the process of renominating judicial candidates. So far, the White House has renominated all but five of the nominees who were pending at the end of the last congressional session. According to media reports, two of the five have withdrawn from consideration and as a result will not be renominated. They are Colleen Holland (W.D.N.Y.) and Charnelle Bjelkengren (E.D. Wash.). The other three nominees did not comment to the media on their status. The White House in a press release did acknowledge the potential for further renominations at a later date.

Also this week, the White House announced the latest slate of judicial nominees. The latest slate of nominees contained six Article III nominees: Amir Ali (D.D.C.), Judge Melissa DuBose (D.R.I.), Magistrate Judge Sunil Harjani (N.D. Ill.), Judge Rebecca Kanter (S.D. Cal.), Robert White (E.D. Mich.), and Jasmine Yoon (W.D. Va.). This slate continues the White House’s emphasis on diversifying the federal bench. If confirmed, Yoon and DuBose would be the first people of color to ever serve as a judge in their respective district courts.

As of January 11, there are 89 Article III vacancies, 60 of which are current. Once the announced nominees are officially nominated, then there will be 31 pending nominees: 1 waiting for floor votes, 19 waiting to be reported out of the Senate Judiciary Committee, and 11 waiting for hearings before the Committee. To date, 168 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of January 4, 2024

The Senate is set to return from recess next Monday. Before leaving for recess, an agreement was reached to keep three judicial nominees pending on the floor: Magistrate Judge John Kazen (S.D. Tex.), Magistrate Judge Kato Crews (D. Colo.), and Magistrate Judge Karoline Mehalchick (M.D. Pa.). Kazen’s cloture vote is the first vote scheduled for Monday evening.

Virtually all of the remaining nominees who were pending at the end of last session will need to be renominated by the White House. It’s possible those renominations could begin to happen as soon as next week.

At the end of 2023, the Biden Administration had 166 Article III confirmations, which was 21 sort of their predecessor’s three-year total. By the end of year four, the Trump Administration had 234 Article III confirmations, meaning the Biden Administration will need 68 confirmations this year to match. This is one fewer confirmation than the Senate achieved in all of 2023.

As of January 4, there are 89 Article III vacancies, 61 of which are current. If all the nominees who were in the nominations process at the end of last Congress are renominated, then there will be 32 pending nominees: 3 waiting for floor votes, 22 waiting to be reported out of the Senate Judiciary Committee, and 7 waiting for hearings before the Committee. To date, 166 Article III judges have been confirmed during the Biden-Harris Administration.

The Senate returned from recess this week and began working on judicial nominations. As of this writing, the Senate has confirmed two of the three candidates that Majority Leader Schumer filed cloture on last month: Magistrate Judge John Kazen (S.D. Tex.) and Magistrate Judge Kato Crews (D. Colo.).

Earlier this week, the White House began the process of renominating judicial candidates. So far, the White House has renominated all but five of the nominees who were pending at the end of the last congressional session. According to media reports, two of the five have withdrawn from consideration and as a result will not be renominated. They are Colleen Holland (W.D.N.Y.) and Charnelle Bjelkengren (E.D. Wash.). The other three nominees did not comment to the media on their status. The White House in a press release did acknowledge the potential for further renominations at a later date.

Also this week, the White House announced the latest slate of judicial nominees. The latest slate of nominees contained six Article III nominees: Amir Ali (D.D.C.), Judge Melissa DuBose (D.R.I.), Magistrate Judge Sunil Harjani (N.D. Ill.), Judge Rebecca Kanter (S.D. Cal.), Robert White (E.D. Mich.), and Jasmine Yoon (W.D. Va.). This slate continues the White House’s emphasis on diversifying the federal bench. If confirmed, Yoon and DuBose would be the first people of color to ever serve as a judge in their respective district courts.

As of January 11, there are 89 Article III vacancies, 60 of which are current. Once the announced nominees are officially nominated, then there will be 31 pending nominees: 1 waiting for floor votes, 19 waiting to be reported out of the Senate Judiciary Committee, and 11 waiting for hearings before the Committee. To date, 168 Article III judges have been confirmed during the Biden-Harris Administration.

On The Bench: Week of December 14, 2023

With the end of session approaching and a lot of competing priorities, the Senate made some progress on judicial nominations this week. As of this writing, the Senate confirmed 3 Article III nominees: Richard Federico (10th Cir.), Jerry Edwards, Jr. (W.D. La.), and Brandon Long (E.D. La.).

On Wednesday, the Senate Judiciary Committee held a hearing for 5 Article III nominees: Nicole Berner (4th Cir.), Adeel Mangi (3d Cir.), Judge Amy Baggio (D. Or.), Judge Cristal Brisco (N.D. Ind.), and Judge Gretchen Lund (N.D. Ind.). These nominees are now eligible for a full committee vote, which will likely occur in early 2024.

As of December 14, there are 90 Article III vacancies, 59 of which are current. There are 29 pending nominees: 16 waiting for floor votes, 11 waiting to be reported out of the Senate Judiciary Committee, and 2 waiting for hearings before the Committee. To date, 164 Article III judges have been confirmed during the Biden-Harris Administration.

On the Bench will return in 2024.

On The Bench: Week of December 7, 2023

The Senate made limited progress on judicial nominations this week. As of this writing, the Senate has confirmed 2 Article III nominees: Judge Irma Ramirez (5th Cir.) and Judge Loren AliKhan (D.D.C.). With only one scheduled work week remaining this calendar year, the Biden Administration and Senate is 26 Article III confirmations behind President Trump’s total after three years.

On Thursday, the Senate Judiciary Committee held an executive business meeting where it advanced two nominees: Sara Hill (N.D. Okla.) and John Russell (N.D. Okla.). Both nominees are now eligible for vote by the full Senate.

As of December 7, there are 92 Article III vacancies, 62 of which are current. There are 32 pending nominees: 19 waiting for floor votes, 6 waiting to be reported out of the Senate Judiciary Committee, and 7 waiting for hearings before the Committee. To date, 161 Article III judges have been confirmed during the Biden-Harris Administration.