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Robe & Gavel: September 8, 2025
Welcome to the Sept. 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.
In the dreamy silence
Of the afternoon, a
Cloth of gold is woven
Over wood and prairie;
And the jaybird, newly
Fallen from the heaven,
Scatters cordial greetings,
And the air is filled with
Scarlet leaves, that, dropping,
Rise again, as ever,
With a useless sigh for
Rest—and it is Autumn.
-Alexander Lawrence Posey
“Autumn”
Dear reader, as the last drops of summer trickle past us, we can’t help but look forward to the fall season, where apple picking, pumpkin spice, and the new SCOTUS term await us. We’re about a month out from the October 2025-2026 term, and we can’t wait to see what SCOTUS has in store. In the meantime, here is your monthly batch of federal courts updates. Let’s gavel in!
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Grants
SCOTUS has accepted no new cases to its merits docket since our Aug. 25 issue. To date, the court has agreed to hear 32 cases for the 2025-2026 term. The court has scheduled 19 for arguments.
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 Aug. 2 to Sept. 1.
Highlights
- Vacancies: There were three new judicial vacancies since the August 2025 report. There are 50 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, 51 of 890 active federal judicial positions are vacant.
- Nominations: There were 10 new nominations since the August 2025 report.
- Confirmations: There were no new confirmations since the August 2025 report.
Vacancy count for September 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 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 position vacancies. Nominations are subject to U.S. Senate confirmation.
- Judge Daniel D. Crabtree assumed senior status on the U.S. District Court for the District of Kansas.
- Judge Steven Merryday assumed senior status on the U.S. District Court for the Middle District of Florida.
- Judge Eric Melgren assumed senior status on the U.S. District Court for the District of Kansas.
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 Sept. 1.
New nominations
President Trump announced 10 new nominations since the August 2025 report:
- Bill Lewis, to the U.S. District Court for the Middle District of Alabama.
- Edmund LaCour, to the U.S. District Court for the Northern District of Alabama.
- Robert Chamberlin, to the U.S. District Court for the Northern District of Mississippi.
- Jimmy Maxwell, to the U.S. District Court for the Northern District of Mississippi.
- Harold Mooty, to the U.S. District Court for the Northern District of Alabama.
- Rebecca Taibleson, to the U.S. Court of Appeals for the Seventh 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.
The president has announced 27 Article III judicial nominations since taking office on Jan. 20, 2025. This count includes Judge Joshua Divine twice, as President Trump nominated him to two courts. For more information on the president’s judicial nominees, click here.
New confirmations
There have been no new confirmations since the previous report.
As of Sept. 1, the Senate has confirmed five of President Trump's judicial nominees—three district court judges, and two appeals court judges -- since January 2025.
Comparison of Article III judicial appointments over time by president (1981-Present)
- Presidents have made an average of 13 judicial appointments through Sept. 1 of their first year in office.
- 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 Oct. 6 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.
