The Judicial Nominations Blog

Vacancies: Courts of Appeals: Current Vacancies: 1  ( ±  0  this week) Future Vacancies: 3   ( ±  0 ) District Courts: Current Vacancies: 89   ( ±  0 ) Future Vacancies: 15   ( ±  0 ) Pending Nominations: Courts of Appeals: Pending before Senate Judiciary Committee without hearing: 1   ( ±  0  this week) Hearings held and still in Committee: 1   ( ±  0 ) Reported out of Committee/Pending on Executive Calendar: 2   ( ±  0 ) District Courts: Pending before Senate Judiciary Committee without hearing: 16   ( ±  0 ) Hearings held and still in Committee: 3   ( ±  0 ) Reported out of Committee/Pending on Executive Calendar: 27   ( ±  0 ) Court of Federal Claims: Pending before Senate Judiciary Committee without hearing: 3   ( ±  0 ) Hearings held and still in Committee: 2  ( ±  0) Reported out of Committee/Pending...

This week, the Senate is out of session, with senators back in their home-states for Thanksgiving.  Pro forma  sessions (to prevent recess appointments) will be held on November 26th and November 29th. Next week, the Senate will return to consider ten nominations, including eight to the judiciary.

Vacancies: Courts of Appeals: Current Vacancies: 1  ( ±  0  this week) Future Vacancies: 3   ( - 2 ) District Courts: Current Vacancies: 89   ( ±  0 ) Future Vacancies: 15   ( +  2 ) Andrew Lynn Brasher, Middle District of Alabama, elevation to Eleventh Circuit, TBD, 2/3 seats vacant Dora L. Irizarry, Eastern District of New York, senior status, January 26, 2020, 6/15 seats vacant Pending Nominations: Courts of Appeals: Pending before Senate Judiciary Committee without hearing: 1   ( +  1  this week) Andrew Lynn Brasher, of Alabama, to be a United States Circuit Judge for the Eleventh Circuit ( officially nominated , November 21, 2019) Hearings held and still in Committee: 1   ( - 2 ) Reported out of Committee/Pending on Executive Calendar: 2   ( ±  0 ) Patrick J. Bumatay, of California, to be a United States Circuit Judge for the Ninth Circuit (Cal. No. 533),  12–...

This post is an update to  one  I posted in June. First, I should acknowledge how poorly this statement has aged. "It’s safe to say that if additional seats crop up on the Florida federal district courts within the next year or two, the state supreme court finalists will seek those positions, as no seat on the Florida Supreme Court is expected to open up anytime soon." Before the summer, I didn't believe that an Eleventh Circuit judge from Florida, let alone two, would take senior status in the coming months, and was skeptical of Justices Barbara Lagoa and Robert Luck being elevated so quickly, even if vacancies arose. In Florida, the state practices a version of the Missouri Plan , in which a commission recommends candidates for judgeships to the governor. The Florida Supreme Court now has two vacancies, with the elevation of Justices Lagoa and Luck to the Eleventh Circuit. If we only look at those who were on the last list (excluding the three previously appoin...

This week, the Senate is holding votes on three nominations, including two to the judiciary, and the Judiciary Committee will convene  an executive business  meeting . Floor Action:¹ Monday: The Senate will vote at 5:30 pm to invoke cloture on the nomination of Florida Supreme Court Justice Robert Luck to be a Judge of the Eleventh Circuit. Luck's nomination is relatively noncontroversial, and if confirmed, he would succeed Judge Gerald B. Tjoflat, the last  judicial appointee of President Gerald Ford. Interestingly enough, Tjoflat has served on the courts of appeals since before Luck was born. Tuesday: The Senate will vote to confirm Luck, and then will vote to invoke cloture on the nomination of Florida Supreme Court Justice Barbara Lagoa to be a Judge of the Eleventh Circuit. Lagoa's nomination is also relatively noncontroversial, and if confirmed, she would succeed Judge Stanley Marcus, who is an appointee of President Bill Clinton, and would "flip...

Vacancies: Courts of Appeals: Current Vacancies: 1 ( - 1  this week) Future Vacancies: 5   ( ±  0 ) District Courts: Current Vacancies: 89   ( +  1 ) Daniel L. Hovland, District of North Dakota, senior status, November 10, 2019, 1/2 seats vacant Future Vacancies: 13   ( - 1 ) Pending Nominations: Courts of Appeals: Pending before Senate Judiciary Committee without hearing: 0  ( ±  0  this week) Hearings held and still in Committee: 3   ( ±  0 ) Patrick J. Bumatay, of California, to be a United States Circuit Judge for the Ninth Circuit ( held over , November 14, 2019) Lawrence VanDyke, of Nevada, to be a United States Circuit Judge for the Ninth Circuit ( held over , November 14, 2019) Reported out of Committee/Pending on Executive Calendar: 2   ( - 1 ) District Courts: Pending before Senate Judiciary Committee without hearing: 9   ( - 3 ) Hearings held and still in C...

This week, the Senate is holding votes on two nominations, including one to the judiciary, and the Judiciary Committee will convene a nominations hearing and  an executive business  meeting . Floor Action:¹ Monday: No votes are scheduled. Tuesday: The Senate will vote at 5:30 pm to invoke cloture on the nomination of Chad Wolf to be Undersecretary of Homeland Security for Strategy, Policy, and Plans. Confirmation to this position would allow for Wolf to serve as acting Secretary of Homeland Security under the Federal Vacancies Reform Act.  Wednesday: The Senate will vote to confirm Wolf, and then will vote to invoke cloture on the nomination of Steven Menashi to be a Judge of the Second Circuit. Menashi is opposed by many Democrats and Sen. Susan Collins (R-ME) due to his inflammatory college writings and his work in the Trump administration as acting General Counsel of the Department of Education and as an Associate White House Counsel, and b...

Vacancies: Courts of Appeals: Current Vacancies: 2 ( - 2  this week) Future Vacancies: 5   ( ±  0 ) District Courts: Current Vacancies: 88   ( - 2 ) Future Vacancies: 14   ( +  1 ) Brian M. Cogan, Eastern District of New York, senior status, June 12, 2020, 5/15 seats vacant Pending Nominations: Courts of Appeals: Pending before Senate Judiciary Committee without hearing: 0  ( ±  0  this week) Hearings held and still in Committee: 3   ( - 3 ) Halil Suleyman Ozerden, of Mississippi, to be a United States Circuit Judge for the Fifth Circuit ( held over , November 7, 2019) Reported out of Committee/Pending on Executive Calendar: 3   ( +  1 ) Steven J. Menashi, of New York, to be a United States Circuit Judge for the Second Circuit (Cal. No. 486),  12–10 Barbara Lagoa, of Florida, to be a United States Circuit Judge for the Eleventh Circuit (Cal. No. 488),  18–4 R...

This week, the Senate is holding votes on five judicial nominations, and the Judiciary Committee will convene  an executive business  meeting . Floor Action:¹ Monday: No votes are scheduled. Senate Majority Leader Mitch McConnell (R-KY) is likely traveling with President Trump to Lexington, Kentucky for a rally with Governor Matt Bevin (R), who is up for reelection on Tuesday. Tuesday: The Senate will vote at 2:15 pm to invoke cloture on the nomination of Kentucky 28th Circuit Court Judge David Tapp to be a Judge of the United States Court of Federal Clams. Tapp's nomination is relatively noncontroversial, despite him having no experience related to the Court of Federal Claims' docket. Later in the afternoon or evening, the Senate will vote to confirm Tapp, and then will vote to invoke cloture on the nomination of Washington County Circuit Judge Danielle Hunsaker to be a Judge of the Ninth Circuit from Oregon. If confirmed, Hunsaker would succeed Judge Diarmu...

Vacancies: Courts of Appeals: Current Vacancies: 4 ( ±  0  this week) Future Vacancies: 5   ( +  1 ) Edward E. Carnes, Eleventh Circuit, senior status, TBD, 3/12 seats vacant District Courts: Current Vacancies: 90   ( ±  0 ) Future Vacancies: 13   ( ±  0 ) Pending Nominations: Courts of Appeals: Pending before Senate Judiciary Committee without hearing: 0  ( - 2  this week) Hearings held and still in Committee: 6   ( +  2 ) Patrick J. Bumatay, of California, to be a United States Circuit Judge for the Ninth Circuit ( hearing held , October 30, 2019) Lawrence VanDyke, of Nevada, to be a United States Circuit Judge for the Ninth Circuit ( hearing held , October 30, 2019) Halil Suleyman Ozerden, of Mississippi, to be a United States Circuit Judge for the Fifth Circuit ( held over , October 31, 2019) Steven J. Menashi, of New York, to be a United States Circuit Judge for the Secon...