So far in 2024, four federal circuit court judges have announced their intent to assume senior status upon confirmation of their successor, including (most recently) Judge Jane Stranch of the U.S. Court of Appeals for the Sixth Circuit. The others are judges Charles Wilson (11th), Ilana Rovner (7th) and James Wynn (4th).
Including Judge Stranch, whose intentions were just reported today, that means there are ten current and pending vacancies on the federal circuit courts of appeals. Four of those seats have pending candidates.
Ten appellate seats to fill in the final year of a presidential term is a tall order, but I suspect Senate Democrats can do it if they’re willing to put in the time needed. In the absence of significant legislation, there will be political pressure on appellate judges to move.
Will there be even more vacancies to fill? I doubt it. There are twelve circuit court judges who are eligible for senior status and were appointed by Democratic presidents, but who have not announced their intent to leave active status. Since this is an election year, if they don’t announce it soon, it’s reasonable to assume they won’t become senior during this presidential term. Even without blue slips for candidates in the roll call, it can be difficult to get people through during an election year, especially if candidates can’t be nominated until the spring.
For those keeping track, here are the circuit court nominees nominated by Democratic presidents who are eligible for senior status, but who haven’t yet taken that step. Also included in this table is the number of current or pending vacancies in each court.
- First Circuit: (none): 2 current/pending vacancies
- Second Circuit: (none)
- Third Circuit: (none)—1 current/pending vacancy
- Fourth Circuit: Gregory, King: 2 current/pending vacancies
- Fifth Circuit: Graves, Stewart
- Sixth Circuit: Clay, Moore: 2 vacancies currently pending
- Seventh Circuit: (none): 2 current/pending vacancies
- Eighth Circuit: (none)
- Ninth Circuit: Gould, Rawlinson, Wardlaw
- Tenth Circuit: Matheson
- Eleventh Circuit: (none): 1 current/pending vacancy
- DC Circuit: (none)
- Federal Circuit: Dyk, Reyna
Also, for the record, there are about two dozen active-duty circuit court judges appointed by Republican presidents and currently eligible for senior status.