September 7, 2023

On The Bench: Week of September 7, 2023

The Senate returned from its August recess this week and resumed some judicial nominations activity. As of this writing, there have been no Article III confirmations this week, leaving 17 nominees still pending on the Senate floor awaiting cloture and confirmation votes.

On Wednesday, the Senate Judiciary Committee held a hearing for 4 Article III nominees: Magistrate Judge Joshua Kolar (7th Cir.), Richard Federico (10th Cir.), Judge Jeffrey Bryan (D. Minn.), and Judge Eumi Lee (N.D. Cal.). These nominees are now eligible for a committee vote.

Since the last On the Bench, the White House has announced two slates of judicial nominees. The slates have included 7 new Article III nominees: Colleen Holland (W.D.N.Y.), Magistrate Judge John Kazen (S.D. Tex.), Micah Smith (D. Haw.), Magistrate Judge Mustafa Kasubhai (D. Or.), Judge Shanlyn Park (D. Haw.), Jamel Semper (D.N.J.), and Kirk Sherriff (E.D. Cal.). These new slates continue this administration’s emphasis on diversifying the federal bench.

As of September 7, there are 95 Article III vacancies, 71 of which are current. Once the new nominees are officially nominated, there will be 38 pending nominees: 17 waiting for floor votes, 13 waiting to be reported out of the Senate Judiciary Committee, and 8 waiting for hearings before the Committee. To date, 140 Article III judges have been confirmed during the Biden-Harris Administration.