Discussion about this post

User's avatar
GoUBears's avatar

As always, I've been watching the judiciary, and there's been an interesting trend regarding the pace of judicial vacancies. Today, we got our eighth vacancy announcement made public since the election; those eight (all district court seats) break down as seven senior/retirement announcements from Bush appointees who weren't senior-eligible the last time Trump was in office and one Obama appointee who died at 61 in January. Comparing that to the other presidential elections of the 2000s (vacancies announced from the election through the beginning of March):

2024-5: 8 (so far); 8 district; 7 voluntary, 1 death

2020-1: 43; 9 circuit, 34 district; 41 voluntary, 1 death, 1 operation of law; 40 filled by Biden

2016-7: 17; 4 circuit, 13 district; 17 voluntary (1 disability retirement); 16 filled by Trump

2012-3: 22; 3 circuit, 19 district; 22 voluntary; 20 filled by Obama

2008-9: 20; 1 circuit, 19 district; 20 voluntary (1 disability retirement); 20 filled by Obama

2004-5: 9; 2 circuit, 7 district; 8 voluntary, 1 death; 9 filled by Bush

2000-1: 21; 5 circuit, 15 district, 1 trade; 21 voluntary (1 disability retirement); 21 filled by Bush

While the rush in the aftermath of 2020 was certainly an outlier, and the remainder of February could see more announcements (Trump saw three announcements in February 2017), we aren't seeing judges rushing for the exits and if Biden's outlier was part of a trend, it's a future one. While I'm sure Trump will get some horrid people on the bench, and it would be a massive relief if he doesn't get at least two more justices on SCOTUS, at this point in modern presidencies, a large portion of vacancies that end up getting filled are already known:

Trump part 2: 4 circuit and 39 district are known, with hope that one of each will be rescinded

Biden: 10 circuit (22%) and 37% (87) of all filled vacancies known

Trump part 1: 1 SCOTUS, 20 circuit (37%) and 50% (117) of all filled vacancies known

Obama: 17 circuit (31%) and 24% (78) of all filled vacancies known

Bush: 30 circuit (48%) and 31% (103) of all filled vacancies known

As a brutal midterm introduces at least a remote possibility of a Dem senate come 2027, the powers that be will be lobbying GOP judges to announce their retirements earlier than later, so this is not a good start for them. For reference, here's a breakdown of the judges who will qualify for senior status by the end of Trump's term:

GOP appointees:

Qualified before Biden: 3 SCOTUS, 20 circuit, 29 district

Qualified under Biden: 5 circuit, 15 district

Qualify this congress: 3 circuit, 10 district

Qualify next congress: 6 circuit, 23 district

Dem appointees:

Qualified before Biden: 1 SCOTUS, 9 circuit, 16 district

Qualified under Biden: 4 circuit, 24 district

Qualify this congress: 1 SCOTUS, 8 circuit, 32 district, 1 trade

Qualify next congress: 8 circuit, 39 district, 1 trade

Expand full comment
LiberalBuffalo's avatar

Deb Haaland will make a major announcement on Feb 11th.

Most likely she is officially running for Governor of NM

Expand full comment
97 more comments...

No posts

Ready for more?