The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Senate Confirms First Judicial Nominee of Trump's Second Term. How Many More Will Follow?
Indications are that the second Trump Administration will not have as significant an effect on the Courts as the first.
Yesterday the Senate confirmed Whitney Hermandorfer to a seat on the U.S. Court of Appeals for the Sixth Circuit. A well-qualified nominee who I expect will make an excellent judge, Hermandorfer is the first judicial nominee to win confirmation in Donald Trump's second term.
As various news outlets have noted, judicial nominations are lagging in Trump's second term. The Administration has been slower to make nominations and the Senate has been slower to act than during the first Trump Administration. On top of that, there are fewer vacancies to fill, as many judges eligible for senior status are electing to remain on the bench (and there is speculation as to why that might be).
As of this morning, there are forty-nine current vacancies on the federal bench, and thirteen more future vacancies (which occur when judges announce their intent to retire or take senior status at a date in the future or upon confirmation of a successor). There are only eleven nominees pending before the Senate, however. (Three more nominees have been announced but have not been formerly submitted.) Of these, only five are on the circuit courts of appeals.
As for what could be, by my count there are forty circuit court judges eligible to take senior status, only two have which have announced their intention to create a vacancy. Of those twenty-six were appointed by Republican Presidents. What these judges decide to do could have a substantial effect on President Trump's ability to shape the judiciary during his second term.
