The Enlightenment

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Welcome to The Judiciary at Noon! Take a break from work to get an update on the oft-neglected third branch of the United States government, the judicial branch.

The series covers any updates to the federal judiciary, including any new judges confirmed, any deaths, resignations, or retirements from the courts, and any new vacancies that have occurred. It includes political analysis at the very end. All information spans the previous week.

Federal Confirmations

• Jul. 8, 2024: Judge Nancy Lee Maldonado of the Northern District of Illinois was confirmed to the 7th Circuit Court of Appeals, 47 – 43.
• Jul. 11, 2024: Robin Michelle Meriweather was confirmed to the United States Court of Federal Claims, 52 – 39.

Vacancies

• Jul. 8, 2024: Judge Ilana Kara Diamond Rovner of the 7th Circuit Court of Appeals, an H.W. Bush appointee, assumed senior status, opening up a vacancy that was filled by her successor, Judge Nancy Lee Maldonado.

• Jul. 8, 2024: Active Judge Michael Joshua Kindred of the District of Alaska, a Trump appointee, resigned, opening a vacancy on the court.
• Jul. 11, 2024: Judge Nancy Lee Maldonado of the Northern District of Illinois was elevated to the Seventh Circuit, opening up a vacancy in the Northern District of Illinois.

72 vacancies remain on the federal judiciary, a decrease from 74 a week ago.

Retirements, Deaths, and Resignations

Other than the already mentioned Judge Joshua Michael Kindred, no judges retired, died, or resigned for the week spanning June 28 to July 4, 2024.

Other

Hearings

• Jul. 10, 2024: The Senate Judiciary Committee held a hearing on three district court nominees, one nominee each to the District of Minnesota, Eastern District of Pennsylvania, and Northern District of California.
• Jul. 10, 2024: The Senate Finance Committee held a hearing on three nominees to the United States Tax Court.
• Jul. 11, 2024: The Senate Judiciary Committee advanced eight nominations to the Senate floor for a vote. Notably, the Committee failed to advance one nominee out of committee, Sarah Netburn of the Southern District of New York, when Senator Jon Ossoff of Georgia voted with all Republicans to vote not to advance her nomination. This is the first and so far only time during Biden’s presidency that a Democratic nominee has failed in committee.

Judges seated

• Jul. 8, 2024: Jasmine Hyejung Yoon was seated as a judge in the Western District of Virginia.
• Jul. 11, 2024: Judge Nancy Lee Maldonado was seated as a judge on the Seventh Circuit Court of Appeals.

Confirmations to The Superior Court of the District of Columbia

• Jul. 10, 2024: Danny Lam Nguyen was confirmed to the Superior Court of the District of Columbia by voice vote.
• Jul. 10, 2024: Charles James Willoughby Jr. was confirmed to the Superior Court of the District of Columbia, 50 – 43.

Vacancies in The Superior Court of the District of Columbia

• Jul. 9, 2024: It was announced that Chief Judge Anita Marie Josey-Herring of the Superior Court of the District of Columbia, a Clinton appointee, would retire from the court on October 1, 2024. Whether “retire” means that the Chief Judge will be taking senior status or leaving the court is not clear.

Analysis

Big activity! Democrats began their time off from a two-week break with a spring in their step. But just like that, they are off again for another weeklong break.

Democrats have made a dent into lowering the vacancies number, but 72 vacancies remaining is above the recent low of 69 vacancies some weeks ago.

How far will Democrats be able to go? It’s less than 4 months until the big election. 39 judges have been nominated so far, 33 of them to district and circuit courts. If they are all confirmed, Biden will have nominated 235 Article III judges, just barely edging out former President Trump with 234 Article III judges confirmed.

Can they do it? It appears Democrats are going to try. Once the Senate returns from break on July 23rd, they are going to consider two nominees to the Tax Court. This says to me that Democrats are going to make judges a priority for the rest of July, at least.

There are some headwinds helping Democrats. Democratic Senator Bob Menendez’s corruption trial is coming to a close, and the jury will begin deliberating today, Friday, July 12th. By the time the Senate reconvenes on July 23rd, either Menendez or his replacement will be back in the Senate to vote on nominees, making confirmation easier in a Senate where Democrats have a razor-thin margin.

At the same time, the ongoing political turmoil over President Biden’s future as the Democratic nominee is doing confirmation efforts no favors. Will the President be able to hammer out another 10 to 20 nominees as his own party appears to be turning on him? We shall see.

SIGN-OFF

That’s it for this week’s The Judiciary at Noon. This has been Anthony Myrlados. I’ll see you next noon and until then I wish you all an enjoyable weekend.