Trump-47 and the Future of the Federal Judiciary (UPDATED)

 

As things now stand, it looks like Trump-47 will start his administration with some 45 federal judicial vacancies. This assumes that not one of 7 of Biden’s nominees who were pending on January 3, 2025 will receive Senate confirmation. If all 7 of these Biden nominees to federal judicial posts fail to secure Senate advice and consent in the days ahead, then those positions will likely be filled by Trump-47. If none of these 7 Biden nominees secure Senate advice and consent, and there are no efforts to retract or rescind resignations, retirements, or senior status, then it is likely that Trump-47 will have 45 federal judicial positions to fill at the start of his administration. 

As things now stand, circa, January 16, 2025, it now appears that Trump-47 will have an opportunity to fill all 45 federal judicial positions. All 45 of these positions are Article III judicial posts, as opposed to Article I and Article IV judicial posts, and 4 or the 45 posts are federal circuit court of appeals posts.

Some of these 45 judges might retract or rescind: their retirement, resignations, their intent to resign, or their decision to take senior status. In fact, since the November 2024 election, apparently three Article III judges have already retracted their decision to take senior status. E.g., Judge Wynn (4th Cir).

It is also likely that any number of sitting federal judges will resign or take senior status in the days, weeks, and months ahead: that follow January 3, 2025, when the Senate flips to the Republicans, and that follow January 20, 2025, when the Biden administration ends. It is difficult to say how many judges will do so. (On January 2, 2025, two federal judicial positions became vacant: [1] Judge Hanen, S.D. Texas; and, [2] Judge Coogler, N.D. Alabama.) Under the assumption that all or nearly all* Trump-45 federal judicial appointees remain in office, should Trump-47 appoint as many federal judges as Trump-45 appointed, and that is possible,** Trump will end his (second) presidential term having appointed more than half the federal judiciary, and also, possibly, more than half of the U.S. Supreme Court. 

Eight years will do that. And then there is Vance.

See <https://www.uscourts.gov/judges-judgeships/judicial-vacancies/current-judicial-vacancies>, and, <https://www.uscourts.gov/judges-judgeships/judicial-vacancies/future-judicial-vacancies>. See generally ‘List of federal judges appointed by Joe Biden,’ Wikipedia, <https://en.wikipedia.org/wiki/List_of_federal_judges_appointed_by_Joe_Biden>.

 

Seth Barrett Tillman, ‘Trump-47 and the Future of the Federal Judiciary (UPDATED),’ New Reform Club (Dec. 7, 2024, 3:09 PM, UPDATED Jan. 16, 2025), <https://reformclub.blogspot.com/2024/12/trump-47-and-future-of-federal-judiciary.html>;

See also: Seth Barrett Tillman, ‘Senate Confirms 23 BIDEN-nominated Judges Since the Election (UPDATED),’ New Reform Club (Nov. 7, 2024, 6:56 AM, UPDATED Jan. 16, 2025), <https://reformclub.blogspot.com/2024/11/trump-45-v-biden-federal-judicial.html>; 

*Two Trump-45 judicial appointees have already left judicial service. IE. Michael J. Juneau, former United States District Judge for the Western District of Louisiana, and Joshua Kindred, former United States District Judge for the District of Alaska.

**It is possible, in part, because during the 119th Senate, the Senate will have a Republican majority. Whether the 120th Senate will have a Republican majority is a different matter.