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The Federal Vacancy Count 8/31/2016
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August 31, 2016
By Kevin Eirich
This month's Federal Vacancy Count includes nominations, confirmations, and vacancies from July 27, 2016, to August 30, 2016. Nominations, confirmations, and vacancies occurring on August 31, 2016, will be reflected in the September 2016 report.[1]
The vacancy warning level remained at blue this month after two new vacancies were announced. The total vacancy percentage was 9.86 percent, and there were 97 vacancies out of 973 positions. There were no new nominations from President Barack Obama since the July 2016 update. The total number of nominees waiting for Senate confirmation is 60, including nominees to the United States Court of Federal Claims, the United States Tax Court, the United States Court of Appeals for the Armed Forces, and the Superior Court of the District of Columbia. The remaining 37 federal vacancies represent positions where a nominee has not been named by the president.
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.
Vacancies by court
| Court | # of Seats | Vacancies |
| Supreme Court | 9 | 11.1% or 1 vacancy |
| Appeals Courts | 179 | 6.1% or 11 vacancies |
| District Courts | 677 | 10.6% or 73 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. Superior Court | 62 | 1.6% or 1 vacancy |
| All Judges | 973 | 9.86% or 96 vacancies |
New vacancies
The following judges vacated their active status on their respective courts, creating an Article III judicial vacancy. 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 Court of Appeals for the 2nd Circuit
| Richard Wesley is a federal judge on senior status with the United States Court of Appeals for the 2nd Circuit. Born in Canandaigua, New York, Wesley graduated from the State University of New York at Albany with his bachelor's degree in 1971 and from Cornell University Law School with his J.D. in 1974. Wesley was nominated to the Second Circuit by President George W. Bush on March 5, 2003, to a seat vacated by Pierre Leval as Leval assumed senior status. The American Bar Association rated Wesley Unanimously Well Qualified for the nomination. Hearings on Wesley's nomination were held before the United States Senate Committee on the Judiciary on June 5, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) the same day. Wesley was confirmed by a 96-0 vote of the Senate on June 11, 2003, and he received his commission on June 12, 2003. He assumed senior status on the court on August 1, 2016. The current vacancy warning level of this court is blue. As of this report, the Second Circuit has one vacancy. Under current law, the court has a total of 13 active judicial positions.[2][3][4] | 
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United States District Court for the Southern District of Florida
| James Cohn is a federal judge on senior status with the United States District Court for the Southern District of Florida. Born in Montgomery, Alabama, He graduated from the University of Alabama with his bachelor's degree in 1971 and from Samford University's Cumberland School of Law with his J.D. in 1974. He served in the Alabama National Guard from 1970 to 1972, in the U.S. Army Reserve from 1972 to 1975, and in the Florida Army National Guard from 1975 to 1976. Cohn was nominated to the United States District Court for the Southern District of Florida by President George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758. The American Bar Association rated Cohn Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Cohn's nomination were held before the Senate Judiciary Committee on July 9, 2003, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on July 17, 2003. Cohn was confirmed on a recorded 96-0 vote of the U.S. Senate on July 31, 2003, and he received his commission the next day. Cohn assumed senior status on the court on August 5, 2016. The current vacancy warning level of this court is yellow. As of this report, the Southern District of Florida has two vacancies. Under current law, the court has a total of 18 active judicial positions.[5][6][7] | 
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United States District Court for the Eastern District of Louisiana
| Helen Berrigan is a federal judge on senior status with the United States District Court for the Eastern District of Louisiana. A native of New Rochelle, New York, Berrigan graduated from the University of Wisconsin with her undergraduate degree in 1969 and from American University with her master's degree in 1971. She earned her J.D. from Louisiana State University Law School in 1977. Berrigan was nominated by President Bill Clinton on November 18, 1993, to a seat on the United States District Court for the Eastern District of Louisiana vacated by Patrick Carr. The American Bar Association rated Berrigan Unanimously Well Qualified for the nomination. Hearings on Berrigan's nomination were held before the United States Senate Committee on the Judiciary on January 27, 1994, and her nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on March 9, 1994. Berrigan was confirmed on a voice vote of the U.S. Senate on March 10, 1994, and she received her commission the same day. She served as chief judge of the court from 2001 to 2008. She assumed senior status on August 23, 2016. The current vacancy warning level of this court is yellow. As of this report, the Eastern District of Louisiana has two vacancies. Under current law, the court has a total of 12 active judicial positions.[8][9][10] |
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New nominations
- See also: Supreme Court vacancy, 2016: An overview
There have been no new federal judicial nominations from President Obama presented to the U.S. Senate since our July 2016 update.
New confirmations
There have been no new federal judicial confirmations by the U.S. Senate since our July 2016 update.
Monthly map
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See also
- United States federal courts
- Federal Court Vacancy Warning System
- Supreme Court vacancy, 2016: An overview
Footnotes
- ↑ As of May 2016, Ballotpedia's Federal Vacancy Count includes nominees to the United States Court of Federal Claims, the United States Tax Court, the United States Court of Appeals for the Armed Forces, 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.
- ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed August 1, 2016
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed June 7, 2016
- ↑ United States Congress, "PN 395 - Richard C. Wesley - The Judiciary," accessed June 7, 2016
- ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed August 5, 2016
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed July 29, 2016
- ↑ United States Congress, "PN 574 - James I. Cohn — The Judiciary," accessed July 29, 2016
- ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed September 1, 2016
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 103rd Congress," accessed September 1, 2016
- ↑ United States Congress, "PN 902 - Helen G. Berrigan - The Judiciary," accessed September 1, 2016
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