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The Federal Judicial Vacancy Count 2/1/2023

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U.S. Federal Courts
Judicial vacancies during the Trump administration
Judicial vacancies in federal courts • Judicial vacancies during the Trump administration • Federal judges nominated by Donald Trump • Federal judicial appointments by president
ABA ratings of presidential federal judicial nominees • ABA ratings during the Trump administration • ABA ratings during the Biden administration


February 1, 2023

Welcome to the Federal Vacancy Count for February 1, 2023! The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts.

This month's edition covers activity from January 2, 2023, through February 1, 2023, and compares Article III judicial appointments over time by president and by court type.[1]

HIGHLIGHTS
  • Vacancies: There were two new judicial vacancies since the January 1, 2023 report. There are 87 vacancies out of 870 active Article III judicial positions in courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 89 of 890 active federal judicial positions were vacant.
  • Nominations: There were four new nominations since the previous report.[2]
  • Confirmations: There were no new confirmations since the previous report.

    • What's a vacancy?

    A vacancy occurs when a judge resigns, retires, takes senior status, or dies. Article III judges refer to judges who serve on courts authorized by Article III of the Constitution, which created and enumerated the powers of the judiciary. Article III judges are appointed for life terms. Unless a judge is impeached and removed from office—something that has occurred eight times in the history of the federal judiciary—it is the judge's decision how long they remain on the court. When judges decide to leave active duty, they may either retire completely from the court or take senior status.

    To take senior status, judges must meet certain age and service requirements. Senior status is a classification for federal judges at all levels who are semi-retired. Senior judges continue to serve on federal courts while hearing a reduced number of cases. Both a decision to retire and a decision to take senior status trigger a vacancy.

    The Constitution prescribes the process of filling a vacancy. The president nominates a candidate, who then must be confirmed by the United States Senate. There are multiple steps to the process:

    • The president nominates an individual for a judicial seat.
    • The Senate Judiciary Committee holds a hearing with the nominee.
    • After the hearing, the Senate Judiciary Committee votes to approve or return the nominee.
    • If approved, the Senate holds a vote on the candidate.

    For more information on this process, click here.

    Vacancy count for February 1, 2023

    The vacancy level was yellow in January 2023. The total vacancy percentage was 10 percent, and there were 87 vacancies out of 870 Article III judicial positions.

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

    Key:
    (Numbers indicate % of seats vacant.)
    0%1%-9%
    10%-24%25%-40%
    More than 40%


    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, creating Article III life-term judicial vacancies. As Article III judicial positions, these vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.


    U.S. Court of Appeals vacancies

    Chart

    The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Joe Biden (D) to February 1, 2023.

    Maps

    The following maps show the number of vacancies on the United States Court of Appeals at the inauguration of President Joe Biden (D) and as of February 1, 2023.


    U.S. District Court vacancies

    The following map shows the number of vacancies in the United States District Courts as of February 1, 2023.

    New nominations

    President Joe Biden (D) announced four new nominations since the previous report. On January 18, 2023, the president announced his intent to nominate the following individuals:

    Since taking office in January 2021, Biden has nominated 152 individuals to Article III positions.


    New confirmations

    There were no new confirmations since the previous report:


    As of February 1, 2023, the Senate had confirmed 97 of President Biden's Article III judicial nominees—68 district court judges, 28 appeals court judges, and one Supreme Court justice—since his inauguration on January 20, 2021. To review a complete list of Biden's confirmed nominees, click here.


    Comparison of Article III judicial appointments over time by president

    See also: Federal judicial appointments by president


    • The average number of judicial appointees per president through February 1 of the third year is 90.
    • President Bill Clinton (D) made the most appointments through February 1 of his third year with 128. President Barack Obama (D) made the fewest with 62.
    • 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.
    • President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.

    Comparison of Article III judicial appointments over time by president and court type (February 1, Year 3)

    As of February 1, 2023, the breakdown of Article III judges is as follows:[3]

    • Supreme Court of the United States: 9 justices
    • United States court of appeals: 179 judgeships
    • United States district court: 677 judgeships
    • United States Court of International Trade: 9 judgeships



    The table and chart below show the number of Article III judges confirmed by the U.S. Senate under each of the last seven presidents as of February 1 of their third year in office. The confirmations are broken up by court type.

    • The median number of Supreme Court appointees is one. Three presidents (Reagan, H.W. Bush, and Biden) made one appointment. Three presidents, Bill Clinton, Barack Obama, and Donald Trump, made two. George W. Bush did not appoint any SCOTUS justices by this point in his presidency.
    • The median number of United States Court of Appeals appointees is 19. President Trump had the most appointees with 30. President Obama appointed the fewest with 16.
    • The median number of United States District Court appointees is 68. President Clinton had the most appointees with 107. President Obama appointed the fewest with 44.

    See also

    Footnotes

    1. ↑ The U.S. Courts website publishes data for the previous month on the first of the following month.
    2. ↑ For the purposes of this data, Ballotpedia considers the announcement of the intent to nominate an individual as a nomination.
    3. ↑ U.S. Courts, "Vacancy Summary for February 2023," last updated on February 3, 2023
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