As it stands today, January 27, there are 41 current and eight future judicial vacancies. That’s less than half of the over 100 vacancies Trump inherited the first time around. And unlike in 2017, when Trump started with 17 vacancies on the courts of appeals, the vast majority of these openings—43 of them—are for district court seats. Thanks to then-Judiciary Committee Chair Dick Durbin’s stubborn insistence on adhering to the blue slip tradition, thus allowing Republicans a de facto veto over Biden’s nominees in red states, nearly all of these vacancies are in states with two Republican senators. With a sycophantic Republican-controlled Senate at his beck and call, Trump should have no issues filling those vacancies.
Since Trump’s election, only four Article III judges–all district judges appointed by President George W. Bush–have created new current or future vacancies for Trump to fill: Judges Frank Whitney of the Western District of North Carolina, L. Scott Coogler of the Northern District of Alabama, Danny Reeves of the Eastern District of Kentucky, and James Browning of the District of New Mexico. Looking ahead to where more vacancies may arise, there are 72 Republican-appointed judges—26 appeals court and 46 district court judges—currently eligible to retire, and 43 more—nine and 34, respectively—who will become eligible to retire by the end of 2028.
The article discusses the impact of President Donald Trump’s return to the White House on federal judicial nominations. Key points include:
- President Biden’s diverse judicial appointments are likely to be reversed under Trump’s second term.
- Trump’s previous judicial nominees were predominantly white and male, with 85% being white and 80% being men.
- Currently, there are 41 current and 8 future judicial vacancies, mostly in district courts and in states with Republican senators.
- Some Democratic-appointed judges have rescinded their conditional retirements to prevent Trump from choosing their replacements.
- The Republican-controlled Senate Judiciary Committee, chaired by Chuck Grassley, will oversee the confirmation process.
- Democrats have limited power to delay nominations but can use procedural tactics to slow down the process.
- The confirmation process typically takes at least two months, but can be longer.
- Senate Democrats, now outnumbered 53 to 47, are unlikely to defeat nominees but can make the process challenging for Republicans.
The article predicts significant changes in the federal judiciary under Trump’s second term, with a shift away from the diversity achieved during Biden’s presidency.
