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Judicial Nominations

OLP works with the Attorney General in advising the President on nominations for Article III judgeships. After the President has submitted a nomination to the Senate, OLP works with the White House and the Senate Judiciary Committee in securing the nominee's confirmation. The data on this site provide an overview of the nomination and confirmation activity relating to each Congress since the 107th.

107th Congress

During the 107th Congress

As of the end of the 107th Congress:


     60 = Vacancies in the 862-member Article III federal judiciary, at the end of the 107th Congress.

     31 = Nominations returned at end of 107th Congress.
 


 

* These numbers only include Article III courts. The President nominated 6 people to the Article I federal claims court, one of whom was confirmed.


  • Click here for a chart comparing confirmation rates during the first two years of recent administrations
  • Click here for a chart comparing the number of returned nominations in the first two years of recent administrations

  • Complete list of nominations from the 107th Congress.
  • Complete list of confirmed nominees from the 107th Congress.
  • 25 of the 60 vacancies were so-called "judicial emergency" vacancies. At the end of the 107th Congress, there were 18 nominees pending against positions designated as "judicial emergency" vacancies.
  • No nominations were rejected by the Senate, and no nominations were withdrawn at the request of the nominee or the President during the 107th Congress.

  • Blue Slips

  • A blue slip is the traditional method of allowing the home state senators of a judicial nominee to express their approval or disapproval. Blue slips are generally given substantial weight by the Judiciary Committee in its consideration of a judicial nominee. The process dates back several decades and is grounded in the tradition of "senatorial courtesy," which traces its roots back to the presidency of George Washington.

  • Status of Blue Slips during the 107th Congress.

  • Judicial Emergency:

    The formula by which a judicial vacancy is determined to be a "judicial emergency" has been changed by the Administrative Office of the U.S. Courts effective December 2001, to identify courts where vacancies have resulted in only one active judge.

    The formula now used is:

    Any vacancy in a district court where weighted filings are in excess of 600 per judgeship; OR any vacancy in existence more than 18 months where weighted filings are between 430 to 600 per judgeship; OR any court with more than one authorized judgeship and only one active judge;

    AND

    Any vacancy in a court of appeals where adjusted filings per panel are in excess of 700; OR any vacancy in existence more than 18 months where adjusted filings are between 500 to 700 per panel.




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