Robe & Gavel: December 8, 2025
Welcome to the Dec. 8 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 our final edition of the year, dear reader. Thanks so much for sticking with us as we’ve navigated this new SCOTUS term. There’s a lot to cover. So grab a seat, and let’s gavel in!
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Grants
SCOTUS has accepted four new cases to its merits docket since our Dec. 1 issue.
- Jules v. Andre Balazs Properties
- T. M. v. University of Maryland Medical System Corp.
- Trump v. Barbara
- Abouammo v. United States
Arguments
The Supreme Court will hear four arguments this week. Click here to read more about SCOTUS' current term.
Click the links below to learn more about these cases:
Dec. 8
- Trump v. Slaughter concerns whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and whether a federal court can prevent someone from being removed from public office.
- The questions presented: “(1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States, 295 U. S. 602 (1935), should be overruled.
“(2) Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law.”
- President Franklin D. Roosevelt asked William E. Humphrey, a member of the Federal Trade Commission, to resign. When Humphrey refused, Roosevelt had him removed, though Humphrey continued to insist that this removal was unlawful. Humphrey died several months later, and his estate then sued to recover the wages they claimed were due to him for the time after his removal. The Supreme Court ruled unanimously that the President could only remove FTC commissioners for the reasons explicitly listed in the Federal Trade Commission Act, which were "inefficiency, neglect of duty, or malfeasance in office."
Dec. 9
- National Republican Senatorial Committee v. Federal Election Commission concerns campaign finance laws.
- The question presented: “Whether the limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with ‘party coordinated communications’ as defined in 11 C.F.R. § 109.37.”
Dec. 10
- Hamm v. Smith concerns IQ score requirements for Atkins claims.
- The question presented: “WHETHER AND HOW COURTS MAY CONSIDER THE CUMULATIVE EFFECT OF MULTIPLE IQ SCORES IN ASSESSING AN ATKINS CLAIM.”
- FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. concerns Section 47(b) of the Investment Company Act.
- The question presented: “The question presented is whether Section 47(b) of the ICA, 15 U.S.C. § 80a-46 (b), creates an implied private right of action.”
In its October 2025 term, SCOTUS heard arguments in 65 cases. Click here to read more about SCOTUS's previous term.
Opinions
SCOTUS has ruled on one case since our Dec. 1 edition. The court has issued rulings in three cases so far this term. On Dec. 4, SCOTUS also decided on an application for a stay in a redistricting case in Texas. SCOTUS had released two opinions at this point in its 2024-2025 term.
Dec. 4
SCOTUS decided on an application for a stay in Abbott v. League of United Latin American Citizens.
On November 18, 2025, a three-judge panel ruled 2-1 that Texas could not use the congressional map passed in 2025 that aimed to net five additional Republican districts. The panel ordered the state to use the map passed in 2021 for the 2026 elections. On November 21, 2025, the Supreme Court temporarily paused the panel's ruling, reinstating the new map pending further Court action. On December 4, 2025, the Supreme Court ruled the 2025 map could be used for the 2026 elections.
Click here to learn more about the redistricting in Texas ahead of the 2026 elections.
Dec. 8
Doe v. Dynamic Physical Therapy, LLC was decided without argument.
Federal court action
The Federal Vacancy Count
The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all U.S. Article III federal courts in a one-month period. This month's edition covers vacancy activity from Nov. 4 through Dec. 1, and compares Article III judicial appointments over time by president and by court type through Dec. 1 of their first year in office.
Highlights
- Vacancies: There have been two new judicial vacancies since the November 2025 report. There are 46 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 47 of 890 active federal judicial positions are vacant.
- Nominations: There were six new nominations since the November 2025 report.
- Confirmations: As of Dec. 1, there were two new confirmations since the November 2025 report.
Vacancy count for Dec. 1, 2025
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 U.S. 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
Two judges left active status since the previous vacancy count. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.
- Judge Sandra Ikuta assumed senior status on the U.S. Court of Appeals for the Ninth Circuit.
- Judge Dana Christensen assumed senior status on the U.S. District Court for the District of Montana.
The following chart tracks the number of vacancies in the U.S. Courts of Appeals from President Donald Trump's (R) inauguration to the date indicated on the chart.
U.S. District Court vacancies
The following map shows the number of vacancies in the U.S. District Courts as of Dec. 1.
New nominations
President Trump announced six new nominations since the November 2025 report:
- David Fowlkes, to the U.S. District Court for the Western District of Arkansas
- Aaron Peterson, to the U.S. District Court for the District of Alaska
- Nicholas Ganjei, to the U.S. District Court for the Southern District of Texas
- Justin Olson, to the U.S. District Court for the Southern District of Indiana
- Brian Lea, to the U.S. District Court for the Western District of Tennessee
- Megan Benton, to the U.S. District Court for the Western District of Missouri
The president has announced 35 Article III judicial nominations since taking office on Jan. 20, 2025. For more information on the president’s judicial nominees, click here.
New confirmations
As of Dec. 4, the Senate has confirmed 23 of President Trump’s judicial nominees—17 district court judges and 6 appeals court judges—since January 2025.
- Eric Tung, to the U.S. Court of Appeals for the Ninth Circuit
- Joshua Dunlap, to the U.S. Court of Appeals for the First Circuit
- Lindsey Freeman, to the U.S. District Court for the Middle District of North Carolina
- David Bragdon, to the U.S. District Court for the Middle District of North Carolina
- Matthew Orso, to the U.S. District Court for the Western District of North Carolina
- Susan Rodriguez, to the U.S. District Court for the Western District of North Carolina
Comparison of Article III judicial appointments over time by president (1981-Present)
- Presidents have made an average of 27 judicial appointments through Dec. 1 of their first year in office. President Barack Obama (D) had the most appointees confirmed with 38, and President George W. Bush (R) had the fewest confirmations with 15.
- President Bill Clinton (D) made the most appointments through four years with 174. President George W. Bush (R) made the fewest through four years with 122.
- President Barack Obama (D) made the most appointments through two years with 134. President W. Bush made the fewest with 54.
- President Obama made the most appointments through one year in office with 45. President W. Bush made the fewest with 22.
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 Jan. 12 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.
