On the Bench

ACS's Judicial News Roundup

This Week

September 13, 2018

September 13, the Senate Judiciary Committee held an Executive Business meeting to consider Brett Kavanaugh’s nomination to the Supreme Court of the United States along with 3 nominees to the U.S. Circuit Courts of Appeals and 17 nominees to the U.S. District Courts. Senator Grassley announced the Committee will vote on Kavanaugh’s nomination on September 20, at 1:45 PM, in defiance of Committee rules and requests from Democratic Senators for access to withheld documents. Ultimately, 11 nominees were reported out of Committee: Ryan Nelson (9th Cir., Idaho) in an 11-10 vote, Richard Sullivan (2d Cir., N.Y.) in a 17-4 vote, Gary Brown (E.D.N.Y.) in a 20-1 vote, Stephen Clark (E.D. Mo.) in an 11-10 vote, Diane Gujarati (E.D.N.Y.) in a 21-0 vote, Eric Komitee (E.D.N.Y.) in a 21-0 vote, Rachel Kovner (E.D.N.Y.) in a 21-0 vote, Lewis Liman (S.D.N.Y.) in a 17-4 vote, John Sinatra (W.D.N.Y.) a 16-5 vote, Mary Vyskocil (S.D.N.Y.) in a 21-0 vote, Joshua Wolson (E.D. Pa.) in an 18-3 vote.

Senator McConnell announced he intends to keep the Senate in session for the month of October to clear the decks of nominees to the lower courts.

As of September 14, there are 155 Article III vacancies, 129 of which are current. There are 75 nominees pending:  39 waiting for Senate floor votes and 7 waiting to be reported out of Committee, and 29 waiting for Senate Judiciary Committee hearings.

Previous Weeks

September 7, 2018

Today is the fourth day of hearings on Judge Brett Kavanaugh’s (D.C. Cir.) nomination to the Supreme Court of the United States and will feature panels of witnesses. Documents formerly designated “committee confidential” released over the objection of Republican senators after the second day of hearings shed new light on Judge Kavanaugh’s views regarding reproductive rights, racial profiling, affirmative action, as well as possible misrepresentations he made in previous testimony before the committee. 

On September 6, the Senate voted to confirm eight nominees to the U.S. District Courts. The nominees were Alan Albright (W.D. Tex.), Kari Dooley (D. Conn.), Marilyn Horan (W.D. Pa.), William Jung (M.D. Fla.), Dominic Lanza (D. Ariz.), Robert Summerhays (W.D. La.), Eric Tostrud (D. Minn.), and C.J. Williams (N.D. Iowa). All of the nominees were confirmed in voice votes, except for Dominic Lanza, who was confirmed in a 60-35 vote, and C.J. Williams in a 79-12 vote.

As of September 7, there are 155 Article III vacancies, 129 of which are current. There are 74 nominees pending:  28 waiting for Senate floor votes and 18 waiting to be reported out of Committee, and 29 waiting for Senate Judiciary Committee hearings.

August 31, 2018

The hearings on Judge Brett Kavanaugh’s (D.C. Cir.) nomination to the Supreme Court of the United States will commence on September 4. ACS will be posting updates at the hearings progress.

On August 28, the Senate voted to confirm seven nominees to the U.S. District Courts with bipartisan support in an attempt to clear the judicial nominations docket before Labor Day. The nominees were Barry Ashe (E.D. La.), R. Stan Baker (S.D. Ga.), Susan Baxter (W.D. Pa.), Nancy Brasel (D. Minn.), Charles Goodwin (W.D. Okla.), Terry Moorer (S.D. Ala.), James Sweeney II (S.D. Ind.). All of the nominees were confirmed in voice votes, except for Charles Goodwin, who was confirmed in a 52-42 vote. Charles Goodwin is the sixth nominee to be confirmed this Congress with at least a partial Not Qualified rating from the American Bar Association Standing Committee on the Federal Judiciary.

On August 28, the President nominated four individuals for vacancies in the federal courts: Bridge Bade (9th Cir., Ariz.), Allison Rushing (4th Cir., N.C.), J.P. Boulee (N.D. Ga.), and James Cain Jr. (W.D. La.).

As of August 30, there are 163 Article III vacancies, 134 of which are current. There are 83 nominees pending: 36 waiting for Senate floor votes and 18 waiting to be reported out of Committee, and 29 waiting for Senate Judiciary Committee hearings.

August 23, 2018

In response to this week’s conviction of President Trump’s former campaign manager and the guilty plea of his former lawyer that directly implicated the President in criminal activity many Senators are calling for postponement of the hearing on Judge Kavanaugh’s nomination to the Supreme Court of the United States.

On August 22, Majority Leader McConnell filed cloture on 12 nominees to the U.S. District Courts in an attempt to clear the judicial nominations docket before Labor Day with bipartisan support, thereby confirming even more Trump judges. The nominees are Alan Albright (W.D. Tex.), Barry Ashe (E.D. La.), R. Stan Baker (S.D. Ga.), Susan Baxter (W.D. Pa.), Charles Goodwin (W.D. Okla.), Marilyn Horan (W.D. Pa.), William Jung (M.D. Fla.), Dominic Lanza (D. Ariz.), Terry Moorer (S.D. Ala.), James Sweeney II (S.D. Ind.), Robert Summerhays (W.D. La.), and C.J. Williams (N.D. Iowa).

On August 22, The Senate Judiciary Committee held a hearing on six nominees this week:  Jonathan Kobes (8th Cir., S.D.), Kenneth Bell (W.D.N.C.), Carl Nichols (D.D.C.), Martha Pacold (N.D. Ill.), Mary Rowland (N.D. Ill.), and Steven Seeger (N.D. Ill.).

As of August 23, there are 168 Article III vacancies, 141 of which are current. There are 86 nominees pending:  43 waiting for Senate floor votes and 18 waiting to be reported out of Committee, and 25 waiting for Senate Judiciary Committee hearings.

August 17, 2018

In a further breakdown of norms, Senate Judiciary Chair Chuck Grassley (R-Iowa) announced that the hearing to consider Judge Brett Kavanaugh’s nomination to the Supreme Court will take place September 4-7, 2018, despite the lack of a full record from Judge Kavanaugh’s time in President George W. Bush’s Administration.

On August 16, the Senate confirmed A. Marvin Quattlebaum (4th Cir., S.C.) in a 62-28 vote and Julius Richardson (4th Cir., S.C.) in a 81-8 vote.

As of August 16, there are 168 Article III vacancies, 141 of which are current. There are 86 nominees pending:  43 waiting for Senate floor votes and 10 waiting to be reported out of Committee, and 33 waiting for Senate Judiciary Committee hearings.