Welcome to the Feb. 12 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
We’re already into the second federal vacancy count of the year! Can you believe it, dear readers? We hope you’re ready for these updates. Grab a seat and let’s gavel in.
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Grants
SCOTUS accepted one new case to its merits docket on Jan. 22. To date, the court has agreed to hear 61 cases for the 2023-2024 term, and two cases for the 2024-2025 term.
- Texas v. New Mexico and Colorado is an original jurisdiction case that concerns the Rio Grande Compact.
Arguments
The Supreme Court will not hear any arguments this week. Click here to read more about SCOTUS’ current term.
Opinions
SCOTUS has ruled on two cases since our Feb. 5 edition. The court has issued rulings in three cases so far this term. Fifty-seven cases are still under deliberation.
Click the links below to read more about the specific cases SCOTUS ruled on since the Feb. 5 issue:
Feb. 8
Murray v. UBS Securities, LLC was argued before the court on Oct. 10, 2023.The case: Murray v. UBS Securities, LLC concerns the Sarbanes-Oxley Act of 2002, which protects whistleblowers who report publicly traded companies’ misconduct from retaliation by their employers.
The questions presented: “[M]ust a whistleblower prove his employer acted with a ‘retaliatory intent’ as part of his case in chief, or is the lack of ‘retaliatory intent’ part of the affirmative defense on which the employer bears the burden of proof?”The outcome: In a 9-0 opinion, the court reversed and remanded the judgment of the United States Court of Appeals for the Second Circuit, holding that to use the protections of the Sarbanes-Oxley Act, whistleblowers have to prove that their protected activity was a factor that contributed to their employer’s unfavorable personnel action. However, they do not need to prove that the employer acted with retaliatory intent. Justice Sonia Sotomayor delivered the opinion. Justice Samuel Alito filed a concurring opinion which was joined by Justice Amy Coney Barrett.
Feb. 8
Department of Agriculture Rural Development Rural Housing Service v. Kirtz was argued before the court on Nov. 6, 2023.The case: Department of Agriculture Rural Development Rural Housing Service v. Kirtz concerns the United States’ sovereign immunity from lawsuits regarding the Fair Credit Reporting Act.
The questions presented: “Whether the civil-liability provisions of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., unequivocally and unambiguously waive the sovereign immunity of the United States.”
The outcome: In a 9-0 opinion, the court affirmed the judgment of the United States Court of Appeals for the Third Circuit, holding that a consumer can sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for violating the Fair Credit Reporting Act. Justice Neil Gorsuch delivered the opinion of the court.
Upcoming SCOTUS dates
Here are the court’s upcoming dates of interest:
- Feb. 16: SCOTUS will conference. A conference is a private meeting of the justices.
The Federal Vacancy Count
The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. This month’s edition includes nominations, confirmations, and vacancies from Jan. 2 to Feb. 1.
Highlights
- Vacancies: There have been three new judicial vacancies since the Jan. 1 report. There are 58 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 59 of 890 active federal judicial positions are vacant.
- Nominations: There have been six new nominations since the Jan. 2024 report.
- Confirmations: There have been nine new confirmations since the Jan. 2024 report.
Vacancy count for February 1, 2024
A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.
*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.
New vacancies
Three judges left active status since the previous vacancy count, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial position vacancies. Nominations are subject to U.S. Senate confirmation.
- Judge Malachy Mannion assumed senior status on the U.S. District Court for the Middle District of Pennsylvania.
- Judge Sarah Vance assumed senior status on the U.S. District Court for the Eastern District of Louisiana.
- Judge Beryl A. Howell assumed senior status on the U.S. District Court for the District of Columbia.
The following chart tracks the number of vacancies in the United States Courts of Appeals from President Joe Biden’s (D) inauguration to the date indicated on the chart.
U.S. District Court vacancies
The following map shows the number of vacancies in the United States District Courts as of Feb. 1.
New nominations
President Biden announced six new nominations since the Jan. 1 report:
- Amir Ali, to the United States District Court for the District of Columbia
- Melissa DuBose, to the United States District Court for the District of Rhode Island
- Sunil Harjani, to the United States District Court for the Northern District of Illinois
- Rebecca Kanter, to the United States District Court for the Southern District of California
- Robert White, to the United States District Court for the Eastern District of Michigan
- Jasmine Yoon, to the United States District Court for the Western District of Virginia
The president has announced 209 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.
New confirmations
As of Feb. 9, the Senate confirmed 177 of President Biden’s judicial nominees—134 district court judges, 40 appeals court judges, two international trade judges, and one Supreme Court justice—since January 2021.
- Cristal Brisco, to the U.S. District Court for the Northern District of Indiana
- Jacquelyn Austin, to the U.S. District Court for the District of South Carolina
- Joshua Kolar, to the U.S. Court of Appeals for the Seventh Circuit
- Kirk Sherriff, to the U.S. District Court for the Eastern District of California
- Karoline Mehalchick, to the U.S. District Court for the Middle District of Pennsylvania
- Gretchen Lund, to the U.S. District Court for the Northern District of Indiana
- Lisa Wang, to the U.S. Court of International Trade
- S. Kato Crews, to the U.S. District Court for the District of Colorado
- John Kazen, to the U.S. District Court for the Southern District of Texas
The following nominees were confirmed after Feb. 1:
- Amy Baggio, to the U.S. District Court for the District of Oregon
- Joseph Laroski, to the U.S. Court of International Trade
Comparison of Article III judicial appointments over time by president (1981-Present)
- Presidents have made an average of 156 judicial appointments through Feb. 1 of their fourth year in office.
- President Donald Trump (R) made the most appointments through .Feb 1 of his fourth year with 187. President Ronald Reagan (R) made the fewest with 122.
- President Donald Trump (R) made the most appointments through four years with 234. President Ronald Reagan (R) made the fewest through four years with 166.
- President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
- President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.
Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.
Or, keep an eye on this list for updates on federal judicial nominations.
Federal courts recent news
Correction: In our Jan. 15 edition of Robe & Gavel, there was an error in our vacancy section. We listed Judge Joan Azrack as assuming senior status. Judge Azrack will assume senior status on Dec. 19, 2024. Judge Charlene Honeywell assumed senior status on Dec. 4, 2023. We regret the error.
Looking ahead
We’ll be back on Feb. 19 with a new edition of Robe & Gavel. Until then, gaveling out!
Contributions
Myj Saintyl compiled and edited this newsletter, with contributions from Sam Post, and Ellie Mikus.
