Robe & Gavel: January 12, 2026
Robe & Gavel: Federal Judicial Vacancy Count released for January 2026
Welcome to the Jan. 12 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
Look back only for as long as you must,
Then go forward into the history you will make.
Be good, then better. Write books. Cure disease.
Make us proud. Make yourself proud.
And those who came before you? When you hear thunder,
Hear it as their applause.
- Alberto Ríos
“A House Called Tomorrow”
And just like that, your favorite newsletter is back with the latest information on our federal courts. We are so excited to see what 2026 will bring. We hope you had plenty of time to rest, dear reader, because we are jumping straight into our updates. So grab a seat, and let’s gavel in!
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Grants
SCOTUS has accepted five new cases to its merits docket since our Dec. 8 issue. To date, the court has agreed to hear 55 cases for the 2025-2026 term and has issued per curiam decisions on three cases that were not argued. SCOTUS dismissed one case after it was accepted.
Click the links below to learn more about this case:
- Pitchford v. Cain
- Cisco Systems, Inc. v. Doe I
- Federal Communications Commission v. AT&T, Inc. (consolidated with Verizon Communications Inc. v. Federal Communications Commission)
- Bondi v. Lau
- Sripetch v. Securities and Exchange Commission
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:
Jan. 12
- Chevron USA Inc. v. Plaquemines Parish, Louisiana, concerns Louisiana's State and Local Coastal Resources Management Act of 1978.
- The questions presented: "1. Whether a causal-nexus or contractual-direction test survives the 2011 amendment to the federal-officer removal statute.
“2. Whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract.”
Jan. 13
- Little v. Hecox concerns the 14th Amendment and laws that state that only biological women and girls can participate in female sports.
- The question presented: “Whether laws that seek to protect women's and girls' sports by limiting participation to women and girls based on sex violate the Equal Protection Clause of the Fourteenth Amendment.”
- West Virginia v. B.P.J. concerns Title IX of the Education Amendments of 1972 and the 14th Amendment.
- The questions presented: “1. Whether Title IX prevents a state from consistently designating girls' and boys' sports teams based on biological sex determined at birth.
“2. Whether the Equal Protection Clause prevents a state from offering separate boys' and girls' sports teams based on biological sex determined at birth.”
Jan. 14
- Galette v. New Jersey Transit Corporation (consolidated with New Jersey Transit Corporation v. Colt) concerns the New Jersey Transit Corporation and interstate sovereign immunity.
- The question presented: “WHETHER THE NEW JERSEY TRANSIT CORPORATION IS AN ARM OF THE STATE OF NEW JERSEY FOR INTERSTATE SOVEREIGN IMMUNITY PURPOSES.”
In its October 2024 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. 8 edition. The court has issued rulings in four cases so far this term. SCOTUS had released four opinions at this point in its 2024-2025 term.
On Jan. 9, SCOTUS ruled on Bowe v. United States. The case was argued before the court on Oct. 14, 2025, and concerned post-conviction relief for federal prisoners.
The following summary of the case was published by Oyez:
“In 2008, Michael Bowe was charged with conspiracy to commit Hobbs Act robbery, attempted Hobbs Act robbery, and using a firearm during a crime of violence. He pleaded guilty in 2009 and received a 288-month sentence, which included a mandatory consecutive 120-month term for the firearm conviction under 18 U.S.C. § 924(c). Starting in 2016, Bowe made multiple attempts to challenge his § 924(c) conviction through a series of motions and applications, arguing that changes in Supreme Court precedent (particularly Johnson v. United States and United States v. Davis) meant that his underlying crimes no longer qualified as “crimes of violence” that could support the firearm conviction.
The district court initially denied Bowe’s first § 2255 motion in 2016, finding that attempted Hobbs Act robbery still qualified as a crime of violence. The United States Court of Appeals for the Eleventh Circuit then denied several subsequent applications from Bowe to file additional challenges, ultimately concluding in that it lacked jurisdiction to consider his latest application because he was attempting to raise the same claim he had already presented in previous applications.”
The outcome: In a 5-4 opinion, SCOTUS held that the U.S. Court of Appeals for the Eleventh Circuit has jurisdiction to consider Bowe’s application because §2244(b)(3)(E) does not prevent the Eleventh Circuit’s review of a federal prisoner’s request to file successive §2255 motions. Justice Sonia Sotomayor delivered the opinion of the court.
Introducing the Federalism jurisprudence project
Supreme Court cases are a core element in defining the Constitution's federal-state framework. Ballotpedia provides an essential resource on cases related to federalism. But until now, it has been difficult to understand how the doctrines connect and evolve across decisions.
We’re excited to share that we’ve now filled that gap.
Ballotpedia has a structured federalism jurisprudence taxonomy and a new overview of our court cases related to federalism. This resource highlights the most significant landmark decisions and organizes them into a clear structure, helping readers see how federalism doctrines fit together.
While the overall project includes 135 Supreme Court cases, this page focuses on the key decisions that define each doctrine and uses the taxonomy to show how additional cases fit within the larger federalism landscape.
Our research provides clarity on:
- How the Court has defined the constitutional division of power between the states and the federal government
- Where cases fall within categories, subcategories, and doctrines
- How users can navigate more than 135 cases in a single, coherent system
Click here to explore the page.
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 includes nominations, confirmations, and vacancies from Dec. 2 to Jan. 1.
Highlights
- Vacancies: There was one new judicial vacancy since the December 2025 report. There are 40 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, 41 of 890 active federal judicial positions are vacant.
- Nominations: There were no new nominations since the December 2025 report.
- Confirmations: There were seven new confirmations since the December 2025 report.
Vacancy count for January 1, 2026
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
One judge left active status since the previous vacancy count, creating an Article III life-term judicial vacancy. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.
- Judge David Proctor assumed senior status on the U.S. District Court for the Northern District of Alabama.
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 Jan. 1.
New nominations
On Jan. 6, President Trump announced four new nominations. The president has announced 39 Article III judicial nominations since taking office on Jan. 20, 2025. For more information on the president’s judicial nominees, click here.
- Anna St. John, to the U.S. District Court for the Eastern District of Louisiana
- Chris Wolfe, to the U.S. District Court for the Western District of Texas
- Andrew Davis, to the U.S. District Court for the Western District of Texas
- John Shepherd, to the U.S. District Court for the Western District of Arkansas
New confirmations
As of Jan. 1, the Senate confirmed 26 of President Trump’s judicial nominees—20 district court judges, and six appeals court judges—since January 2025.
- David Bragdon, to the U.S. District Court for the Middle District of North Carolina
- Robert Chamberlin, to the U.S. District Court for the Northern District of Mississippi
- William J. Crain, to the U.S. District Court for the Eastern District of Louisiana
- Lindsey Freeman, to the U.S. District Court for the Middle District of North Carolina
- Jimmy Maxwell, to the U.S. District Court for the Northern District of Mississippi
- 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
On Jan. 8, the Senate confirmed Alexander Van Hook to the U.S. District Court for the Western District of Louisiana. As of Jan. 12, the Senate has confirmed 27 of President Trump’s judicial nominees.
Comparison of Article III judicial appointments over time by president (1981-Present)
- Presidents have made an average of 32 judicial appointments through Jan. 1 of their second year in office. President Barack Obama (D) had the most appointees confirmed with 45, and President George W. Bush (R) had the fewest confirmations with 22.
- President Bill Clinton (D) made the most appointments through four years with 174. President W. Bush made the fewest through four years with 122.
- President Obama 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. 19 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.
