The Judiciary at Noon, #53: December 13 to 19, 2024

Keep up-to-date on the US federal judiciary, December 13 to December 19, 2024.

December 20, 2024

2–3 minutes

Image courtesy of Sora Shimazaki/Pexels

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.

Confirmations

No judges were confirmed for the week spanning December 13 to 19, 2024.

Vacancies

Dec. 13, 2024: Judge James Andrew Wynn Jr. of the Fourth Circuit Court of Appeals terminated his vacancy. He had previously announced that he would assume senior status upon the confirmation of a successor.
Dec. 19, 2024: Judge Joan Marie Azrack of the Eastern District of New York assumed senior status, opening up a vacancy on the court that will be filled by her appointed successor, Sanket Jayshukh Bulsara.

46 vacancies remain on the federal judiciary, a decrease from 47 a week ago.

Retirements, Deaths, and Resignations

No judges retired, died, or resigned for the week spanning December 13 to 19, 2024.

Other

Judges Seated

Dec. 16, 2024: Cynthia Valenzuela Dixon received her commission to serve as a judge of the Central District of California.
Dec. 19, 2024: Noël Wise received her commission to serve as a judge of the Northern District of California.
Dec. 19, 2024: Cathy Fung received her commission to serve as a judge of the United States Tax Court.

Analysis

My prediction from last week was correct. Ryan Park withdrew his nomination, and Judge Wynn subsequently revoked his plans to retire.

It’s a big move. A circuit judge remaining active after a President from another party wins is no small matter. Unfortunately, it appears we are entering the era when hyperpolarization in the American political system is now spreading to the judiciary as well.

To be clear, judges have always been political and parties have always used the federal judiciary to advance their agenda. But the sudden termination of two judicial vacancies, both within the span of a month, following the election of a President of an opposing party is unprecedented.

We’re at the end of this year’s action. The last two nominees that can be voted on may be voted on tomorrow, December 20th. Pending some unnatural event, the Senate will recess, and when it next convenes, it will be with a Republican majority.

When I next report to you on nominations and confirmations, it will be those made in the second term of Donald Trump.

SIGN-OFF

That’s it for this week’s The Judiciary at Noon. This has been Anthony Myrlados.

One response to “The Judiciary at Noon, #53: December 13 to 19, 2024”

Anonymous

December 22, 2024 at 4:34 pm

As I have recently said, term limits are required here to prevent these situations in the future.

That Trump has shifted the judiciary far to the right in his first term and has now the chance to go on where he had to stop four years ago makes me feel bad.

On the other side I esteem it as necessary, that pragmatic changes like the 66 addional judgeships be made though I don’t like it that Trump will appoint a third of them, but otherwise than those guy, who thought it was a great idea when they believe Harris to be the next President, and now have changed their mind after the result was different, I won’t do that, we’ll see, if Biden really veto the JUDGES Act.

If the rescinding of Wynn is really a good decision we will see, as already stated, the Fourth Circuit Court of Appeals is beside the Federal Circuit Court of Appeals the one, where Trump’s chances to a significant ideological shift is the best one just considering the age of a good portion of the active sitting judges as well as some more Republican appointed judges who may go senior within the next four years. So regarding to the ideological shift alone, staying for four more years, might be posivite.

But thinking twice, those decisions will cement the actual ideological composition of each of the Circuit Courts as well as the Supreme Court, and I don’t know if the liberal wing would like to have forever a conservative 6-3 majority, and let the Firth Circuit always be what it is in the moment, and the Eighth almost without liberal representation. Then we might guess who from the other side of the aisle is slipping off the chair as only chance to gain a flip.

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