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The Federal Vacancy Count 7/25/2018
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July 25, 2018
Welcome to the Federal Vacancy Count for July 2018! The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts.
This month's edition includes nominations, confirmations, and vacancies from June 27, 2018, to July 25, 2018.
What's a vacancy?
A vacancy occurs when a judge resigns, retires, takes senior status, or passes away. Article III judges are appointed for life terms. 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. Unless a judge is impeached and removed from office—something that has occurred only eight times in the history of the federal judiciary—it is entirely up to the judge 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 process of filling a vacancy is prescribed by the Constitution. The president nominates a candidate, who then must be confirmed by the United States Senate.
Vacancy Count for July 25, 2018
The vacancy warning level remained at yellow this month. The total vacancy percentage was 17.5 percent and there were 156 vacancies out of 890 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.
Vacancies by court
Court | # of Seats | Vacancies |
Supreme Court | 9 | 0% or 0 vacancies |
Appeals Courts | 179 | 7.3% or 13 vacancies |
District Courts | 677 | 19.2% or 130 vacancies |
International Trade | 9 | 22.2% or 2 vacancies |
New vacancies
The following judges vacated their active statuses, 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 then subject to confirmation on the advice and consent of the U.S. Senate.
- Judge James C. Mahan elected to take senior status on the United States District Court for the District of Nevada.
- Judge Ronnie Greer elected to take senior status on the United States District Court for the Eastern District of Tennessee.
- Judge William Duffey retired from the United States District Court for the Northern District of Georgia.
- Judge William T. Lawrence elected to take senior status on the United States District Court for the Southern District of Indiana.
- Judge Robert Brack elected to take senior status on the United States District Court for the District of New Mexico.
New nominations
President Donald Trump announced six new nominations since the June 2018 report.
- Eric D. Miller, to the U.S. Court of Appeals for the Ninth Circuit.
- Tessa Gorman, to the U.S. District Court for the Western District of Washington.
- Damon Leichty, to the U.S. District Court for the Northern District of Indiana.
- Kathleen O'Sullivan, to the U.S. District Court for the Western District of Washington.
- J. Nicholas Ranjan, to the U.S. District Court for the Western District of Pennsylvania.
- John M. Younge, to the U.S. District Court for the Eastern District of Pennsylvania.
New confirmations
Since June 27, 2018, the United States Senate has confirmed two more of President Trump's nominees to Article III seats. As of July 25, 2018, the Senate has confirmed 44 of President Trump’s judicial nominees.
- Andrew Oldham, confirmed to a seat on the United States Court of Appeals for the 5th Circuit.
- Mark J. Bennett, confirmed to a seat on the United States Court of Appeals for the Ninth Circuit.
Monthly map
See also
- United States federal courts
- Current federal judicial vacancies
- Six-month checkup on federal judicial vacancies during Trump's first term
- Judicial vacancies during the Trump administration
- The Trump administration on federal courts
Footnotes
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