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The Federal Vacancy Count 8/29/2018
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August 29, 2018
Welcome to the Federal Vacancy Count for August 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 July 26, 2018, to August 29, 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 August 29, 2018
The vacancy warning level remained at yellow this month. The total vacancy percentage was 17.1 percent and there were 152 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 | 11.1% or 1 vacancies |
Appeals Courts | 179 | 6.7% or 12 vacancies |
District Courts | 677 | 18.6% or 126 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.
- Justice Anthony Kennedy elected to take senior status on the Supreme Court of the United States.
- Judge David G. Campbell elected to take senior status on the United States District Court for the District of Arizona.
- Judge Randy N. Smith elected to take senior status on the United States Court of Appeals for the Ninth Circuit.
- Judge A. Marvin Quattlebaum Jr. was elevated to a seat on the United States Court of Appeals for the 4th Circuit.
New nominations
President Donald Trump announced four new nominations since the July 2018 report.
- Allison Jones Rushing, to the U.S. Court of Appeals for the Fourth Circuit.
- Bridget Shelton Bade, to the U.S. Court of Appeals for the Ninth Circuit.
- J.P. Boulee, to the U.S. District Court for the Northern District of Georgia.
- James D. Cain, Jr., to the U.S. District Court for the Western District of Louisiana.
New confirmations
Since July 25, 2018, the United States Senate has confirmed 16 more of President Trump's nominees to Article III seats. As of August 29, 2018, the Senate has confirmed 60 of President Trump’s judicial nominees.
- Britt Grant, confirmed to a seat on the United States Court of Appeals for the 11th Circuit.
- Holly Lou Teeter, confirmed to a seat on the United States District Court for the District of Kansas.
- Emily Coody Marks, confirmed to a seat on the United States District Court for the Middle District of Alabama.
- Jeffrey Beaverstock, confirmed to a seat on the United States District Court for the Southern District of Alabama.
- Jill Otake, confirmed to a seat on the United States District Court for the District of Hawaii.
- Maryellen Noreika, confirmed to a seat on the United States District Court for the District of Delaware.
- Colm Connolly, confirmed to a seat on the United States District Court for the District of Delaware.
- Julius Richardson, confirmed to a seat on the United States Court of Appeals for the 4th Circuit.
- A. Marvin Quattlebaum Jr., confirmed to a seat on the United States Court of Appeals for the 4th Circuit.
- Nancy E. Brasel, confirmed to a seat on the United States District Court for the District of Minnesota.
- Terry F. Moorer, confirmed to a seat on the United States District Court for the Southern District of Alabama.
- Charles B. Goodwin, confirmed to a seat on the United States District Court for the Western District of Oklahoma.
- Barry Ashe, confirmed to a seat on the United States District Court for the Eastern District of Louisiana.
- Susan Baxter, confirmed to a seat on the United States District Court for the Western District of Pennsylvania.
- James R. Sweeney, III, confirmed to a seat on the United States District Court for the Southern District of Indiana.
- Stan Baker, confirmed to a seat on the United States District Court for the Southern District of Georgia.
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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