President Biden’s Judicial Nominees Surge With 205 Confirmations, Setting New Record‌ ‌

Since January 2021, the Senate has confirmed 205 of President Biden’s judicial nominees—159 district court judges, 43 appeals court judges, two international trade judges, and one Supreme Court justice—as of Sept. 1Welcome to the Sept. 9 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

The Supreme Court will begin its 2024-2025 term on Oct. 7. During its two-week October sitting, the court will hear arguments in nine cases.

The court’s November argument sitting begins on Nov. 4. The court will hear arguments in seven cases.

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in one month. This month’s edition includes nominations, confirmations, and vacancies from Aug. 2 to Sept. 1. 

Since the August 2024 report, there have been two new judicial vacancies. Out of 870 active Article III judicial positions covered in the report, 48 are vacant. This includes vacancies on the United States Court of Federal Claims and the United States territorial courts, making a total of 48 vacancies out of 890 active federal judicial positions. Additionally, three new nominations have been made since the August 2024 report, with no new confirmations during the same period.

The table below breaks down the vacancies at each level. 

Though the United States territorial courts are named district courts, they are not Article III courts. They are created by the power granted under Article IV of the U.S. Constitution. 

Two judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III vacancies, and nominations are subject to U.S. Senate confirmation.

Judge Glenn Suddaby has assumed senior status on the U.S. District Court for the Northern District of New York. In contrast, Judge Geoffrey Crawford has assumed senior status on the U.S. District Court for the District of Vermont. The following chart tracks the number of vacancies in the U.S. Courts of Appeals from President Joe Biden’s (D) administration.

The following map shows the vacancy percentages in the U.S. District Courts as of Sept. 1.

President Biden announced three new nominations since the August 2024 report:

Elizabeth Coombe has been nominated to serve on the U.S. District Court for the Northern District of New York. Sarah Davenport has been nominated to serve on the U.S. District Court for the District of New Mexico. Sharad Desai has been nominated to serve on the U.S. District Court for the District of Arizona.

The president has announced 251 Article III judicial nominations since taking office on Jan. 20, 2021. 

As of Sept. 1, the Senate has confirmed 205 of President Biden’s judicial nominees—159 district court judges, 43 appeals court judges, two international trade judges, and one Supreme Court justice—since January 2021.

There have been no new confirmations since the previous report.

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The comparison of Article III judicial appointments over time by the president (1981-present) reveals interesting trends. Presidents have made an average of 185.1 judicial appointments through September 1 of their fourth year in office. President Joe Biden (D) stands out with the most appointments, having made 205, while President Ronald Reagan (R) made the fewest, with 149.

Looking at the entire four-year duration, President Donald Trump (R) made the most appointments with 234, whereas President Ronald Reagan (R) made the fewest with 166. A deeper analysis shows that President Ronald Reagan (R) made the most appointments within his first year in office, a total of 41, while President Barack Obama (D) made the fewest with only 13. Additionally, President Bill Clinton (D) took the lead for the most appointments within two years with 128, while President Barack Obama (D) made the fewest with 62.

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