Robe & Gavel: Federal Judicial Vacancy Count released for August 2024

Welcome to the August 2024 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

“It’s out with the old and in with the new

Goodbye clouds of gray, hello skies of blue

A dip in the pool, a trip to the spa

Endless days in my chaise

The whole world according to moi.”

-Sharpay Evans, an icon

We hope you’re having a fabulous summer, dear reader. We’ve got a new batch of federal court updates for you. So grab a chaise and a cool drink, and let’s gavel in.

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Grants

SCOTUS has accepted no new cases to its merits docket since our July 8 issue. To date, the court has agreed to hear 28 cases for the 2024-2025 term. The court has not yet scheduled the cases for argument.

Opinions

SCOTUS has not ruled on any cases since our July 8 edition. The court has issued rulings in 60 cases for the 2023-2024 term. Two cases were dismissed from the docket. There are no cases still awaiting rulings.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. This month’s edition includes nominations, confirmations, and vacancies from July 2 to Aug. 1.

Highlights

• Vacancies: There have been three new judicial vacancies since the July 8 report. There are 48 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, 48 of 890 active federal judicial positions are vacant.
• Nominations: There were seven new nominations since the August 2024 report.
• Confirmations: There were four new confirmations since the August 2024 report.

Vacancy count for Aug. 1

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Three judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial vacancies. Nominations are subject to U.S. Senate confirmation.

• Judge Ronnie L. White retired from the U.S. District Court for the Eastern District of Missouri.
• Judge Nancy Maldonado was elevated from the U.S. District Court for the Northern District of Illinois to the U.S. Court of Appeals for the Seventh Circuit.
• Judge Joshua Kindred resigned from the U.S. District Court for the District of Alaska.

The following chart tracks the number of vacancies in the U.S. Courts of Appeals from President Joe Biden’s (D) inauguration through Aug. 1.

U.S. District Court vacancies

The following map shows the vacancy percentages in the U.S. District Courts as of Aug. 1.

New nominations

President Biden announced seven new nominations since the July 8 report:

• Byron Conway, to the U.S. District Court for the Eastern District of Wisconsin.
• Ryan Y. Park, to the U.S. Court of Appeals for the Fourth Circuit.
• Jonathan E. Hawley, to the U.S. District Court for the Central District of Illinois.
• Gail Weilheimer, to the U.S. District Court for the Eastern District of Pennsylvania.
• Anthony Brindisi, to the U.S. District Court for the Northern District of New York.
• Tiffany Johnson, to the U.S. District Court for the Northern District of Georgia.
• Keli Neary, to the U.S. District Court for the Middle District of Pennsylvania.

The president has announced 248 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

As of Aug. 1, the Senate has confirmed 205 of President Biden’s Article III judicial nominees—159 district court judges, 43 appeals court judges, two international trade judges, and one Supreme Court justice—since his inauguration on Jan. 20, 2021.

• Nancy Maldonado, to the U.S. Court of Appeals for the Seventh Circuit.
• Joseph Saporito, to the U.S. District Court for the Middle District of Pennsylvania.
• Stacey Neumann, to the U.S. District Court for the District of Maine.
• Meredith Vacca, to the U.S. District Court for the Western District of New York.

Comparison of Article III judicial appointments over time by president (1981-Present)

• Presidents have made an average of 182.3 judicial appointments through Aug. 1 of their fourth year in office.
• President Joe Biden (D) made the most appointments through Aug. 1 of his fourth year with 205. President Ronald Reagan (R) made the fewest with 148.
• President Donald Trump (R) made the most appointments through four years with 234. President Ronald Reagan (R) made the fewest through four years with 166.
• President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Sept. 9 with a new edition of Robe & Gavel. Until then, gaveling out!

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Sam Post and Ellie Mikus.