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The Federal Vacancy Count 5/31/2017

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



See: Supreme Court vacancy, 2017: An overview

May 31, 2017

This month's Federal Vacancy Count includes information on federal judicial nominations, confirmations, and vacancies from April 26, 2017, to May 31, 2017.[1]

HIGHLIGHTS
  • Vacancies: There were four new vacancies since the April 2017 report, bringing the total number of vacancies to 140 out of 985 active judge positions, including 124 vacancies in positions where a confirmed nominee is eligible to serve a life term.
  • Nominations: There were eight new nominations since the April 2017 report.
  • Confirmations: There was one new confirmation since the April 2017 report.


    • The vacancy warning level remained at yellow this month after four new vacancies were announced. The total vacancy percentage was 14.2 percent, and there were 140 vacancies out of 985 positions, including 124 vacancies in positions where a confirmed nominee is eligible to serve a life term. There were eight new nominations to the federal judiciary during the period covered by this report as well as one new confirmation.

    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, see Ballotpedia's Federal Court Vacancy Warning System. The Federal Court Vacancy Warning System presents information on current Article III judicial vacancies in the federal court system, as well as the status of pending nominees to the federal bench.

    For more on vacancies during Trump's first term, 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 10.6% or 19 vacancies
    District Courts 677 15.2% or 103 vacancies
    International Trade 9 22.2% or 2 vacancies
    Federal Claims 16 37.5% or 6 vacancies
    Tax Court 19 10.5% or 2 vacancies
    Armed Forces 5 0% or 0 vacancies
    D.C. Court of Appeals 9 22.2% or 2 vacancies
    D.C. Superior Court 62 9.7% or 6 vacancies
    All Judges 985 14.2% or 140 vacancies


    New confirmations

    United States Court of Appeals for the 6th Circuit

    Amul Thapar is a judge on the United States Court of Appeals for the 6th Circuit. Prior to his confirmation, Thapar was a judge on the United States District Court for the Eastern District of Kentucky. Born in Detroit, Michigan, Thapar graduated from Boston College with his bachelor's degree in 1991. He earned his J.D. from the University of California at Berkeley School of Law in 1994. Thapar was nominated by President Donald Trump on March 21, 2017, to a seat on the Sixth Circuit vacated by Boyce Martin, who retired from judicial service on August 16, 2013. The American Bar Association rated Thapar Unanimously Well Qualified for the nomination. Hearings on Thapar's nomination were held before the Senate Judiciary Committee on April 26, 2017, and his nomination was reported by U.S. Sen. Chuck Grassley (R-Iowa) on May 18, 2017. Thapar was confirmed on a recorded 52-44 vote of the U.S. Senate on May 25, 2017, and he received his commission the same day. Thapar is the second judicial nominee of President Trump's to be confirmed this year; the first was Justice Neil Gorsuch. The current vacancy warning level of this court is blue. Under current law, the court has 16 active judicial positions.[2][3][4][5]
    FederalVacancy Blue.png


    New vacancies

    The following judges vacated their active status, creating Article III judicial vacancies. As Article III judicial positions, these vacancies must be filled by a nomination from the president. That nomination is subject to confirmation on the advice and consent of the U.S. Senate.

    United States District Court for the District of Kansas

    John Marten is a senior federal judge on the United States District Court for the District of Kansas. A native of Topeka, Kansas, Marten graduated from Washburn University with his bachelor's degree in 1973 and from the Washburn University School of Law with his J.D. in 1976. Marten was nominated by President Bill Clinton on October 18, 1995, to a judgeship vacated by Patrick Kelly. The American Bar Association rated Marten Unanimously Well Qualified for the nomination. Hearings on Marten's nomination were held before the Senate Judiciary Committee on November 30, 1995, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on December 7, 1995. Marten was confirmed on a voice vote of the U.S. Senate on January 2, 1996, and he received his commission on January 4, 1996. Marten elected to take senior status beginning on May 1, 2017. At the time he elected to take senior status, Marten was chief judge of the district court, a position he had held since 2014. Marten's decision to take senior status created a second vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of six active judicial positions.[6][7][8]
    FederalVacancy orange.png


    United States District Court for the District of Delaware

    Gregory Sleet is a senior federal judge on the United States District Court for the District of Delaware. He first joined the court in 1998 after an appointment from President Bill Clinton. Sleet served as chief judge of the court from 2007 to 2014. A native of New York, New York, Sleet graduated from Hampton University with his bachelor's degree in 1973 and from Rutgers School of Law with his J.D. in 1976. Sleet was nominated to the United States District Court for the District of Delaware by President Bill Clinton on January 27, 1998, to a seat vacated by Joseph Longobardi. The American Bar Association rated Sleet Substantial Majority Qualified or Well Qualified, Minority Not Qualified for the nomination. Hearings on Sleet's nomination were held before the Senate Judiciary Committee on March 18, 1998, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on March 26, 1998. Sleet was confirmed on a voice vote of the U.S. Senate on April 27, 1998, and he received his commission on April 30, 1998. He elected to take senior status beginning on May 1, 2017. Sleet's decision to take senior status created a second vacancy on the court. The current vacancy warning level of this court is red. Under current law, the court has a total of four active judicial positions.[9][10][11]
    FederalVacancy red.png


    United States District Court for the Eastern District of Kentucky

    Amul Thapar, President Donald Trump's nominee to the United States Court of Appeals for the 6th Circuit, was confirmed to that court by the U.S. Senate on May 25, 2017. According to the Federal Judicial Center's biography of Judge Thapar, he received his commission to the Sixth Circuit Court of Appeals on May 25, 2017, creating an Article III vacancy in the Eastern District of Kentucky. Judge Thapar served on the Eastern District court from January 4, 2008, until his elevation on May 25, 2017. His elevation created a second vacancy on the court. The current vacancy warning level of this court is orange. Under current law, the court has a total of six active judicial positions.
    FederalVacancy orange.png


    United States District Court for the District of New Jersey

    Jerome Simandle is a federal judge on senior status with the United States District Court for the District of New Jersey. He joined the court in 1992 after being nominated by President George H.W. Bush. From 2012 to 2017, Simandle served as chief judge of the district court. Born in Binghamton, New York, Simandle graduated from Princeton University with his bachelor's degree in 1971, from Stockholm University in Sweden with a graduate diploma in social science in 1975, and from the University of Pennsylvania Law School with his J.D. in 1976. Simandle was nominated to the United States District Court for the District of New Jersey by President George H.W. Bush on April 1, 1992, to a new seat created by 104 Stat. 5089. The American Bar Association rated Simandle Unanimously Well Qualified for the nomination. Hearings on Simandle's nomination were held before the Senate Judiciary Committee on May 14, 1992, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on May 21, 1992. Simandle was confirmed by the unanimous consent of the U.S. Senate on May 21, 1992, and he received his commission on May 26, 1992. Simandle elected to take senior status beginning on May 31, 2017. Simandle's decision to take senior status created a third vacancy on the court. The current vacancy warning level of this court is yellow. Under current law, the court has a total of 17 active judicial positions.[12][13][14]
    FederalVacancy yellow.png


    New nominations

    President Donald Trump submitted eight nominations to the U.S. Senate for federal judicial positions. Seven of the nominees are to Article III positions where, if confirmed, the nominees are eligible to serve life terms. Trump also announced his intention to nominate two other individuals to federal judicial positions, however he had not yet submitted those nominations at the time of this report.

    United States Court of Appeals for the 6th Circuit

    Joan Larsen is a justice on the Michigan Supreme Court. She was appointed by Governor Rick Snyder on September 30, 2015, and took office the following day. Michigan law required Larsen to run for election to her appointed seat in 2016 in order to complete the unfinished term of her predecessor, retired Justice Mary Beth Kelly. Larsen was elected to the seat, and her term expires on January 1, 2019. On May 8, 2017, Larsen was nominated to a seat on the United States Court of Appeals for the 6th Circuit by President Donald Trump. Trump nominated Larsen to fill a future vacancy on the court. During Trump's presidential campaign, he included Larsen on a second list of individuals that he "would consider as potential replacements for Justice Scalia at the United States Supreme Court." Larsen earned her undergraduate degree at the University of Northern Iowa in 1990 and her J.D. at Northwestern University Pritzker School of Law, where she finished first in her class, in 1993. During her legal studies, she served as articles editor for the Northwestern University Law Review. The current vacancy warning level of this court is blue. Under current law, the court has 16 active judicial positions.[15][16][17]
    FederalVacancy Blue.png


    United States Court of Appeals for the 6th Circuit

    John K. Bush is a partner and co-chair of the litigation department at the Louisville, Kentucky-based office of Bingham, Greenebaum, and Doll LLP. On May 8, 2017, Bush was nominated to a seat on the United States Court of Appeals for the 6th Circuit by President Donald Trump. Bush earned his bachelor's degree, summa cum laude, from Vanderbilt University in 1986 and his J.D. from Harvard Law School, cum laude, in 1989. During his legal studies, Bush was executive editor of the Harvard Journal of Law and Public Policy and was a finalist at Harvard Law School's Ames Moot Court competition. The current vacancy warning level of this court is blue. Under current law, the court has 16 active judicial positions.[18][19]
    FederalVacancy Blue.png


    United States Court of Appeals for the 7th Circuit

    Amy Coney Barrett is the Diane and M.O. Miller II research chair and professor of law at Notre Dame Law School. On May 8, 2017, Barrett was nominated to a seat on the United States Court of Appeals for the 7th Circuit by President Donald Trump. Barrett earned her B.A. in English literature, magna cum laude, from Rhodes College. She earned her J.D. from Notre Dame Law School where she earned the university's Hoynes Prize, which is the law school's highest honor. During her legal studies, she served as executive editor of the Notre Dame Law Review. The current vacancy warning level of this court is yellow. Under current law, the court has 11 active judicial positions.[20]
    FederalVacancy yellow.png


    United States Court of Appeals for the 8th Circuit

    David Stras is an associate justice on the Minnesota Supreme Court. He was appointed to the court by Governor Tim Pawlenty (R) in May 2010 and elected to a full six-year term in 2012. His current term expires in 2019. On May 8, 2017, Stras was nominated to a seat on the United States Court of Appeals for the 8th Circuit by President Donald Trump. During Trump's presidential campaign, he included Stras on a second list of individuals that he "would consider as potential replacements for Justice Scalia at the United States Supreme Court." Stras received his bachelor's degree in 1995 and his M.B.A. in 1999, both from the University of Kansas. He also received his J.D. in 1999, Order of the Coif, from the University of Kansas School of Law. During his legal studies, he served as editor-in-chief of the Kansas Law Review, Criminal Procedure edition. The current vacancy warning level of this court is yellow. Under current law, the court has 11 active judicial positions.[21][22][23]
    FederalVacancy yellow.png


    United States Court of Appeals for the 11th Circuit

    Kevin Newsom is a partner and chair of the appellate group at Bradley Arant Boult Cummings LLP in Birmingham, Alabama. On May 8, 2017, Newsom was nominated to a seat on the United States Court of Appeals for the 11th Circuit by President Donald Trump. Newsom earned his bachelor's degree, summa cum laude, from Samford University in 1994. He graduated first in his class from Samford University. Newsom earned his J.D. from Harvard Law School, magna cum laude, in 1997. During his legal studies, Newsom was articles editor of the Harvard Law Review. The current vacancy warning level of this court is blue. Under current law, the court has 12 active judicial positions.[24]
    FederalVacancy Blue.png


    United States District Court for the District of Idaho

    David C. Nye is a judge for the Sixth District of Idaho. He was appointed by Governor Butch Otter in June 2007. He was re-elected in May 2014 for a term that expires in January 2019. On May 8, 2017, Nye was nominated to a seat on the United States District Court for the District of Idaho by President Donald Trump. Nye was previously nominated on April 5, 2016, by President Barack Obama to serve on the same court. Hearings on Nye's first nomination were held before the United States Senate Committee on the Judiciary were held on June 21, 2016. On January 3, 2017, Nye's nomination was returned to President Obama at the sine die adjournment of the 114th Congress. Nye received both his bachelor's (1982) and J.D. (1986) degrees from Brigham Young University. The current vacancy warning level of this court is red. Under current law, the court has two active judicial positions.[25][26][27][28][29][30]
    FederalVacancy red.png


    United States District Court for the Western District of Oklahoma

    Scott Palk is the assistant dean for students and assisting general counsel at the University of Oklahoma College of Law. On May 8, 2017, Palk was nominated to a seat on the United States District Court for the Western District of Oklahoma by President Donald Trump. Palk was previously nominated by President Barack Obama on December 16, 2015, to a seat on the same court. On January 3, 2017, Palk's nomination was returned to President Obama at the sine die adjournment of the 114th Congress. Palk earned his B.S. from Oklahoma State University in 1989 and his J.D. from the University of Oklahoma College of Law in 1992. The current vacancy warning level of this court is red. Under current law, the court has seven active judicial positions.[31][32]
    FederalVacancy red.png


    United States Court of Federal Claims

    Damien Schiff is a senior attorney with the Pacific Legal Foundation. On May 8, 2017, Schiff was nominated to a seat on the United States Court of Federal Claims by President Donald Trump. If confirmed, Schiff would be commissioned to serve a fifteen-year term on the court. Schiff earned his bachelor's degree, magna cum laude, from Georgetown University and his J.D., magna cum laude, from the University of San Diego School of Law. The current vacancy warning level of this court is orange. Under current law, the court has 16 active judicial positions.[33]
    FederalVacancy orange.png


    Monthly map

    ForwardBackVwlmap5-31-2017.png

    See also

    Footnotes

    1. ↑ As of December 2016, Ballotpedia's Federal Vacancy Count includes nominees to the United States Court of International Trade, United States Court of Federal Claims, the United States Tax Court, the United States Court of Appeals for the Armed Forces, the District of Columbia Court of Appeals, and the Superior Court of the District of Columbia. Vacancy, confirmation, and nomination totals will be changed accordingly. The map used in this report, however, does not include information from these courts at this time.
    2. ↑ Federal Judicial Center, "Biography of Judge Amul Roger Thapar," accessed May 27, 2017
    3. ↑ United States Congress, "PN 105 — Amul R. Thapar — The Judiciary," May 25, 2017
    4. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," accessed April 25, 2017
    5. ↑ Senate Judiciary Committee, "Nominations," April 26, 2017
    6. ↑ Federal Judicial Center, "Biography of John Thomas Marten," accessed May 1, 2017
    7. ↑ United States Congress, "PN 694 — John Thomas Marten — The Judiciary," accessed May 1, 2017
    8. ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed May 1, 2017
    9. ↑ Federal Judicial Center, "Profile of Gregory Moneta Sleet," accessed May 1, 2017
    10. ↑ United States Congress, "PN 838 — Gregory Moneta Sleet — The Judiciary," accessed May 1, 2017
    11. ↑ American Bar Association, "Ratings of Article III judicial nominees, 105th Congress," accessed May 1, 2017
    12. ↑ Federal Judicial Center, "Biography of Judge Jerome B. Simandle," accessed May 31, 2017
    13. ↑ United States Congress, "PN 1016 — Jerome B. Simandle — The Judiciary," accessed May 31, 2017
    14. ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed May 26, 2017
    15. ↑ Crain's Detroit Business, "UM law professor Joan Larsen appointed to Michigan Supreme Court," September 30, 2015
    16. ↑ Midland Daily News, "Supreme Court justices Viviano, Larsen launch campaigns," April 22, 2016
    17. ↑ National Review, "Who is Justice Joan Larsen?" May 7, 2017
    18. ↑ Bingham, Greenebaum, and Doll LLP, "John K. Bush," accessed May 8, 2017
    19. ↑ National Review, "Who is John K. Bush?" May 7, 2017
    20. ↑ Notre Dame Law School, "Amy Coney Barrett," accessed May 8, 2017
    21. ↑ Star-Tribune, "Pawlenty names Lorie Gildea new chief justice," May 13, 2010
    22. ↑ Northlands News Center, "Pawlenty Names Chief Justice & Makes Supreme Court Appointment," May 13, 2010
    23. ↑ National Review, "Who is Justice David Stras?" May 7, 2017
    24. ↑ Bradley law firm, "Kevin C. Newsom," accessed May 8, 2017
    25. ↑ Sixth Judicial District Court, "Judges," accessed April 9, 2014
    26. ↑ KBOI2, "Otter appoints new judges to two districts in state," June 6, 2007
    27. ↑ Idaho Secretary of State, "Unofficial Primary Election Results - Statewide," May 21, 2014
    28. ↑ The White House, "President Obama nominates Judge David C. Nye to serve on the United States District Court for the District of Idaho," April 5, 2016
    29. ↑ U.S. Senate Committee on the Judiciary, "Nominations," accessed June 16, 2016
    30. ↑ KHQ.com, "Judges appointed in Idaho's 3rd and 6th Districts," June 2007
    31. ↑ The White House, "President Obama Nominates Four to Serve on the United States District Courts," December 16, 2015
    32. ↑ United States Congress, "PN 1036 — Scott L. Palk — The Judiciary," accessed January 3, 2017
    33. ↑ Pacific Legal Foundation, "Damien M. Schiff," accessed May 8, 2017
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