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The Federal Vacancy Count 11/29/2017

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



November 29, 2017

This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from October 25, 2017, to November 28, 2017.[1][2]

HIGHLIGHTS
  • Vacancies: There was one new Article III life-term judicial vacancy since the October 2017 report. Judge David Cercone elected to take senior status on the United States District Court for the Western District of Pennsylvania beginning on November 24, 2017. There are 141 vacancies out of 870 active judicial positions on courts covered in this report.[3]
  • Nominations: There was one new Article III life-term nomination since the October 2017 report. On November 1, 2017, President Donald Trump (R) nominated James R. Sweeney II to a seat on the United States District Court for the Southern District of Indiana vacated by Judge Sarah Barker. Barker elected to take senior status beginning on June 30, 2014, which created a vacancy on the Indiana court.
  • Confirmations: There were nine new Article III life-term confirmations since the October 2017 report.


    • The vacancy warning level remained at yellow this month after one new Article III life-term judicial vacancy was announced. Judge David Cercone elected to take senior status on the United States District Court for the Western District of Pennsylvania beginning on November 24, 2017. The total vacancy percentage was 16.20 percent and there were 141 vacancies out of 870 Article III life-term judicial positions. There was one new nomination since the October 2017 report. On November 1, 2017, President Donald Trump (R) nominated James R. Sweeney II to a seat on the United States District Court for the Southern District of Indiana vacated by Judge Sarah Barker. There have been nine new confirmations since the October 2017 report.

    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.

    For more on vacancies at the six month point of Trump's first term in office, see our special report
    See also: The Trump administration on federal courts

    Vacancies by court

    Court # of Seats Vacancies
    Supreme Court 9 0% or 0 vacancies
    Appeals Courts 179 10.61% or 19 vacancies
    District Courts 673 17.83% or 120 vacancies
    International Trade 9 22.2% or 2 vacancies
    All Article III life-term judicial positions 870 16.20% or 141 vacancies


    New vacancy

    The following judge vacated his active status, creating an Article III life-term judicial vacancy. As an Article III judicial position, this vacancy must be filled by a nomination from the president. Nominations are then subject to confirmation on the advice and consent of the U.S. Senate.

    United States District Court for the Western District of Pennsylvania

    David Cercone is a senior federal judge on the United States District Court for the Western District of Pennsylvania. A native of Pittsburgh, Pennsylvania, Cercone graduated with his bachelor's degree from Westminster College in 1974 and from the Duquesne University School of Law with his J.D. in 1977. Cercone was nominated by President George W. Bush on March 21, 2002, to a seat on the Western District of Pennsylvania vacated by Donald Lee. The American Bar Association rated Cercone Unanimously Qualified for the nomination. Hearings on Cercone's nomination were held before the Senate Judiciary Committee on June 13, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 20, 2002. Cercone was confirmed on a voice vote of the U.S. Senate on August 1, 2002, and he received his commission the next day. He elected to take senior status beginning on November 24, 2017. Cercone's decision to take senior status created the fifth vacancy on the court. The current vacancy warning level of this court is red. Under current law, the court has a total of 10 active judicial positions.[4][5][6]
    FederalVacancy red.png


    New nomination

    United States District Court for the Southern District of Indiana

    James R. Sweeney II is a partner at the Indianapolis, Indiana-based office of Barnes and Thornburg LLP, where he serves as co-chair of the federal contracting, procurement, and national security practice group, co-chair of the entrepreneurial and emerging companies practice group, and is a member of the firm’s global services practice group and its internet and technology law practice group. On November 1, 2017, President Donald Trump (R) nominated Sweeney to a vacancy on the United States District Court for the Southern District of Indiana. Sweeney earned his bachelor's degree with merit from the United States Naval Academy in 1983. He earned his J.D., magna cum laude, from the University of Notre Dame Law School in 1996. During a period of his legal studies, Sweeney served as editor-in-chief of the Notre Dame Law Review. The current vacancy warning level of this court is yellow. Under current law, the court has five active judicial positions with one current vacancy.[7][8][9]
    FederalVacancy yellow.png


    New confirmations

    United States Court of Appeals for the 7th Circuit

    Amy Coney Barrett is a federal judge on the United States Court of Appeals for the 7th Circuit. A native of New Orleans, Louisiana, Barrett earned her bachelor's degree in English literature, magna cum laude, from Rhodes College in 1994. She earned her J.D. from Notre Dame Law School in 1997. She earned the university's Hoynes Prize, which is the law school's highest honor. During a period of her legal studies, she served as executive editor of the Notre Dame Law Review. On November 17, 2017, Barrett was included in a third list of individuals from which President Donald Trump would choose to fill vacancies on the U.S. Supreme Court. Barrett was nominated by President Donald Trump (R) on May 8, 2017, to a seat on the Seventh Circuit vacated by John Tinder. The American Bar Association rated Barrett Majority Well Qualified, Minority Qualified for the nomination. Hearings on Barrett's nomination were held before the Senate Judiciary Committee on September 6, 2017, and her nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on October 5, 2017. Barrett was confirmed on a recorded 55-43 vote of the U.S. Senate on October 31, 2017, and she received her commission on November 2, 2017. Three Democratic senators joined with 52 Republican senators in voting to confirm Barrett: Joe Donnelly (Ind.), Tim Kaine (Va.), and Joe Manchin (W. Va.). The current vacancy warning level of this court is orange. The court has three vacancies. Under current law, the court has 11 active judicial positions.[10][11][12][13]
    FederalVacancy orange.png


    United States Court of Appeals for the 6th Circuit

    Joan Larsen is a federal judge on the United States Court of Appeals for the 6th Circuit. A native of Waterloo, Iowa, Larsen earned her undergraduate degree at the University of Northern Iowa in 1990 and her J.D. at Northwestern University's Pritzker School of Law in 1993. During a period of her legal studies, she served as an articles editor for the Northwestern University Law Review. On May 18, 2016, Larsen was included in a list of individuals from which President Donald Trump (R) indicated he would consider potential replacements for vacancies on the United States Supreme Court. Larsen was nominated by Trump on May 8, 2017, to a seat on the Sixth Circuit vacated by David McKeague. The American Bar Association rated Larsen Unanimously Well Qualified for the nomination. Hearings on Larsen's nomination before the Senate Judiciary Committee were held on September 6, 2017, and her nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on October 5, 2017. Larsen was confirmed on a recorded 60-38 vote of the U.S. Senate on November 1, 2017, and she received her commission the next day. The current vacancy warning level of this court is green. The court has no vacancies. Under current law, the court has 16 active judicial positions.[14][15][16]
    FederalVacancy Green.png


    United States Court of Appeals for the 10th Circuit

    Allison Eid is a federal judge on the United States Court of Appeals for the 10th Circuit. A native of Seattle, Washington, Eid received her bachelor's degree in American studies with distinction from Stanford University in 1987. She received her J.D. with high honors from the University of Chicago Law School in 1991. She was inducted into the Order of the Coif, a legal scholastic honor society. During a period of her legal studies, she served as an articles editor of the University of Chicago Law Review. On May 18, 2016, Eid was included in a list of individuals from which President Donald Trump (R) indicated he would consider potential replacements for vacancies on the United States Supreme Court. Eid was nominated by Trump on June 7, 2017, to a seat on the Tenth Circuit vacated by Neil Gorsuch. The American Bar Association rated Eid Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Eid's nomination were held before the Senate Judiciary Committee on September 20, 2017, and her nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on October 26, 2017. Eid was confirmed on a recorded 56-41 vote of the U.S. Senate on November 2, 2017, and she received her commission the next day. Four Democratic senators voted with 52 Republican senators to confirm Eid: Michael Bennet (Colo.), Joe Donnelly (Ind.), Heidi Heitkamp (N.D.), and Joe Manchin (W. Va.). Three Democratic senators did not vote on the nomination: Claire McCaskill (Mo.), Bob Menendez (N.J.), and Mark Warner (Va.). The current vacancy warning level of this court is green. The court has no vacancies. Under current law, the court has 12 active judicial positions.[17][18][19]
    FederalVacancy Green.png


    United States District Court for the Western District of Oklahoma

    Scott Palk is a federal judge on the United States District Court for the Western District of Oklahoma. A native of Tulsa, Oklahoma, Palk earned his bachelor's degree from Oklahoma State University in 1989 and his J.D. from the University of Oklahoma College of Law in 1992. President Barack Obama (D) first nominated Palk to a seat on the Western District of Oklahoma vacated by Stephen Friot on December 16, 2015. The American Bar Association rated Palk Unanimously Qualified for the nomination at that time. Hearings on Palk's nomination were held before the Senate Judiciary Committee on April 20, 2016, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on May 19, 2016. On January 3, 2017, Palk's nomination was returned to President Obama at the sine die adjournment of the 114th United States Congress. Palk was nominated by President Donald Trump (R) on May 8, 2017, to the same seat on the Western District of Oklahoma. The American Bar Association again rated Palk Unanimously Qualified for the nomination. The Senate Judiciary Committee did not hold additional hearings on Palk's nomination. His nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on June 15, 2017. Palk was confirmed on a recorded 79-16 vote of the U.S. Senate on October 26, 2017, and he received his commission on October 31, 2017. The current vacancy warning level of this court is red. The court has three vacancies. Under current law, the court has seven active judicial positions.[20][21][22][23][24][25]
    FederalVacancy red.png


    United States District Court for the District of Columbia

    Trevor McFadden is a federal judge on the United States District Court for the District of Columbia. A native of Falls Church, Virginia, McFadden earned his bachelor's degree, magna cum laude, from Wheaton College in 2001 and his J.D., Order of the Coif, from the University of Virginia School of Law in 2006. During a period of his legal studies, he served on the editorial board of the Virginia Law Review. McFadden was nominated by President Donald Trump (R) on June 7, 2017, to a seat on the district court vacated by Richard Leon. The American Bar Association rated McFadden Majority Qualified, Minority Not Qualified for the nomination. Hearings on McFadden's nomination were held before the Senate Judiciary Committee on June 28, 2017, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on July 20, 2017. McFadden was confirmed on a recorded 84-10 vote of the U.S. Senate on October 30, 2017, and he received his commission the next day. The current vacancy warning level of this court is yellow. As of this report, the court has two vacancies, but one of those vacancies will be filled by Dabney Friedrich upon taking her judicial oath and receiving her judicial commission. Under current law, the court has 15 active judicial positions.[26][27][28]
    FederalVacancy yellow.png


    United States Court of Appeals for the 3rd Circuit

    Stephanos Bibas is a confirmed nominee to the United States Court of Appeals for the 3rd Circuit. Bibas earned a bachelor's degree, summa cum laude, from Columbia University in 1989. He also earned a bachelor's degree (1991) and a master's degree (1998) from Oxford University. He earned his J.D. from Yale Law School in 1994. During a period of his legal studies, Bibas was a symposium editor for the Yale Law Journal. He was part of a team that won the university's Stewart Prize for the best moot court team and, individually, he won the Thurman Arnold Prize for best oralist at moot court. Bibas was nominated by President Donald Trump (R) on June 19, 2017, to a seat on the United States Court of Appeals for the 3rd Circuit vacated by Marjorie Rendell. The American Bar Association rated Bibas Unanimously Well Qualified for the nomination. Hearing on Bibas' nomination were held before the Senate Judiciary Committee on October 4, 2017, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on October 26, 2017. Bibas was confirmed on a recorded 53-43 vote of the U.S. Senate on November 2, 2017. Senator Joe Manchin (W. Va.) was the lone Democratic senator to vote in support of Bibas’ confirmation. Four Democratic senators did not vote on the nomination: Claire McCaskill (Mo.), Bob Menendez (N.J.), Bill Nelson (Fla.), and Mark Warner (Va.). As of this report, Bibas had not taken his judicial oath nor received his judicial commission. The current vacancy warning level of this court is yellow. The court has two vacancies, one of which will be filled by Bibas. Under current law, the court has 14 active judicial positions.[29][30][31][32][33]
    FederalVacancy yellow.png


    United States Court of Appeals for the District of Columbia Circuit

    Greg Katsas is a confirmed nominee to the United States Court of Appeals for the District of Columbia Circuit. Katsas earned his undergraduate degree from Princeton University, cum laude, in 1986. He earned his J.D. from Harvard Law School in 1989. During a period of his legal studies, Katsas was the executive editor of the Harvard Law Review. Katsas was nominated by President Donald Trump (R) on September 7, 2017, to a seat on the United States Court of Appeals for the District of Columbia Circuit vacated by Janice Rogers Brown. The American Bar Association rated Katsas Unanimously Well Qualified for the nomination. Hearings on Katsas' nomination were held before the Senate Judiciary Committee on October 17, 2017, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on November 9, 2017. Katsas was confirmed on a recorded 50-48 vote of the U.S. Senate on November 28, 2017. Two Republican senators, Bob Corker (Tenn.) and John McCain (Ariz.), did not vote on the nomination. As of this report, Katsas had not taken his judicial oath nor received his judicial commission. The current vacancy warning level of this court is blue. The court has one vacancy, which will be filled by Katsas. Under current law, the court has 11 active judicial positions.[34][35][36][37][38][39]
    FederalVacancy Blue.png


    United States District Court for the District of South Carolina

    Donald Coggins Jr. is a confirmed nominee to the United States District Court for the District of South Carolina. Coggins earned his bachelor's degree from Clemson University in 1981 and his J.D. from the University of South Carolina School of Law in 1984. President Barack Obama (D) first nominated Coggins to a seat on the District of South Carolina vacated by Joseph Anderson on February 25, 2016. The American Bar Association rated Coggins Unanimously Well Qualified for the nomination at that time. Hearings on Coggins' nomination were held before the Senate Judiciary Committee on June 21, 2016, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on July 14, 2016. On January 3, 2017, Coggins' nomination was returned to President Obama at the sine die adjournment of the 114th Congress. Coggins was nominated by President Donald Trump (R) on August 3, 2017, to the same seat on the Western District of Oklahoma. The American Bar Association again rated Coggins Unanimously Well Qualified for the nomination. The Senate Judiciary Committee did not hold additional hearings on Coggins' nomination. His nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on September 14, 2017. Coggins was confirmed on a recorded 96-0 vote of the U.S. Senate on November 16, 2017. Four senators did not vote on the nomination: Cory Booker (D-N.J.), Al Franken (D-Minn.), John McCain (R-Ariz.), and Robert Menendez (D-N.J.) As of this report, Coggins had not taken his judicial oath nor received his judicial commission. The current vacancy warning level of this court is yellow. The court has two vacancies, one of which will be filled by Coggins. Under current law, the court has 10 active judicial positions.[40][41][42][43][44][45][46][47]
    FederalVacancy yellow.png


    United States District Court for the District of Columbia

    Dabney Langhorne Friedrich is a confirmed nominee to the United States District Court for the District of Columbia. Friedrich earned her bachelor's degree in economics from Trinity University, her J.D. from Yale Law School, and a diploma in legal studies from Oxford University. Friedrich was nominated by President Donald Trump (R) on June 7, 2017, to a seat on the United States District Court for the District of Columbia vacated by Reggie Walton. The American Bar Association rated Friedrich Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Friedrich's nomination were held before the Senate Judiciary Committee on July 25, 2017, and her nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on September 14, 2017. Friedrich was confirmed on a recorded 97-3 vote of the U.S. Senate on November 27, 2017. Only Senators Kirsten Gillibrand (D-N.Y.), Bernie Sanders (I-Vt.), and Elizabeth Warren (D-Mass.) voted against Friedrich's confirmation. As of this report, Friedrich had not taken her judicial oath nor received her judicial commission. The current vacancy warning level of this court is yellow. The court has two vacancies, one of which will be filled by Friedrich. Under current law, the court has 15 active judicial positions.[48]

    [49][50][51][52]

    FederalVacancy yellow.png


    Monthly map

    See also

    Footnotes

    1. ↑ As of July 2017, Ballotpedia's Federal Vacancy Count includes nominees to all courts in which nominees are commissioned to serve a life-term. The map used in this report, however, includes information from U.S. district courts.
    2. ↑ Four judges on U.S. district courts are commissioned to serve ten-year terms on their respective courts. These are judges to the District Court of Guam, the District Court of the Virgin Islands, and the District Court for the Northern Mariana Islands.
    3. ↑ We acknowledge that Stephanos Bibas, Donald Coggins Jr., Dabney Friedrich, and Greg Katsas have each been confirmed by the U.S. Senate since our October 2017 report, however, because none of these four individuals had received their judicial commissions as of November 29, 2017, according to the Federal Judicial Center, there was no judge occupying the vacant seat. Therefore, we include the positions to which these nominees have been confirmed as vacant.
    4. ↑ Federal Judicial Center, "Biography of Judge David S. Cercone," accessed May 23, 2017
    5. ↑ United States Congres, "PN 1576 — David S. Cercone — The Judiciary," accessed May 23, 2017
    6. ↑ American Bar Association, "Ratings of Article III judicial nominees, 110th Congress," accessed May 23, 2017
    7. ↑ The White House, "President Donald J. Trump Announces Nomination of Indiana Attorney James Sweeney to Fill Judicial Emergency," November 1, 2017
    8. ↑ United States Congress, "PN 1198 — James R. Sweeney II — The Judiciary," accessed November 2, 2017
    9. ↑ This section does not include the nomination of Carmen Guerricagoitia McLean to the Superior Court of the District of Columbia, which President Trump made on October 30, 2017. McLean's nomination is not to an Article III life-term judicial position.
    10. ↑ Federal Judicial Center, "Biography of Judge Amy Coney Barrett," accessed November 6, 2017
    11. ↑ Notre Dame Law School, "Amy Coney Barrett," accessed May 8, 2017
    12. ↑ United States Congress, "PN 369 — Amy Coney Barrett — The Judiciary," accessed October 31, 2017
    13. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed June 21, 2017
    14. ↑ Federal Judicial Center, "Biography of Judge Joan Louise Larsen," accessed November 6, 2017
    15. ↑ United States Congress, "PN 371 — Joan Louise Larsen — The Judiciary," accessed November 1, 2017
    16. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed June 21, 2017
    17. ↑ Federal Judicial Center, "Biography of Judge Allison Hartwell Eid," accessed November 7, 2017
    18. ↑ United States Congress, "PN 585 — Allison H. Eid — The Judiciary," accessed November 28, 2017
    19. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 26, 2017
    20. ↑ The White House, "President Obama Nominates Four to Serve on the United States District Courts," December 16, 2015
    21. ↑ United States Congress, "PN 374 — Scott L. Palk — The Judiciary," accessed October 26, 2017
    22. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed May 26, 2017
    23. ↑ American Bar Association, "Ratings of Article III Judicial Nominees: 114th Congress," accessed April 19, 2016
    24. ↑ U.S. Senate Committee on the Judiciary, "Nominations," April 20, 2016
    25. ↑ United States Senate, "Pending nominations on the executive calendar (civilian)," May 19, 2016
    26. ↑ Federal Judicial Center, "Biography of Judge Trevor Neil McFadden," accessed November 1, 2017
    27. ↑ United States Congress, "PN 589 — Trevor N. McFadden — The Judiciary," accessed October 30, 2017
    28. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed July 21, 2017
    29. ↑ University of Pennsylvania Law School, "Stephanos Bibas," accessed June 21, 2017
    30. ↑ United States Congress, "PN 679 — Stephanos Bibas — The Judiciary," accessed June 21, 2017
    31. ↑ National Review, "Who is Stephanos Bibas?" June 7, 2017
    32. ↑ The White House, "Eleven nominations sent to the Senate today," accessed June 21, 2017
    33. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed October 26, 2017
    34. ↑ The White House, "President Donald J. Trump announces seventh wave of judicial candidates," September 7, 2017
    35. ↑ United States Congress, "PN 999 — Gregory G. Katsas — The Judiciary," accessed September 9, 2017
    36. ↑ The White House, "Eight nominations sent to the Senate today," September 7, 2017
    37. ↑ National Review, "Who is Greg Katsas?" September 7, 2017
    38. ↑ President-Elect Donald Trump, "President-Elect Trump Announces First Wave of Agency Landing Teams," November 18, 2016
    39. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed October 17, 2017
    40. ↑ The White House, "Eighteen nominations sent to the Senate today," August 3, 2017
    41. ↑ United States Congress, "PN 875 — Donald C. Coggins Jr. — The Judiciary," accessed November 16, 2017
    42. ↑ The White House, "Presidential Nominations Sent to the Senate," February 25, 2016
    43. ↑ U.S. Senate Committee on the Judiciary, "Nominations," accessed June 16, 2016
    44. ↑ United States Congress, "PN 1185 — Donald C. Coggins, Jr. — The Judiciary," accessed January 3, 2017
    45. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed September 20, 2017
    46. ↑ American Bar Association, "Ratings of Article III Judicial Nominees: 114th Congress," accessed April 19, 2016
    47. ↑ U.S. Senate Committee on the Judiciary, "Postponed: Executive Business Meeting," July 14, 2016
    48. ↑ The White House, "President Donald J. Trump announces judicial candidate nominations," June 7, 2017
    49. ↑ U.S. Sentencing Commission, "Former commissioner information," accessed May 8, 2017
    50. ↑ White House Archives, "Dabney Friedrich," accessed May 8, 2017
    51. ↑ United States Congress, "PN 587 — Dabney Langhorne Friedrich — The Judiciary," accessed November 27, 2017
    52. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees, 115th Congress," accessed July 12, 2017
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