The upcoming election is set to have the fewest number of vacant federal judgeships in over three decades, signaling a divergence between the parties on which judges to appoint and a focus on confirming preferred nominees. While the issue of judicial appointments has not taken center stage in this election cycle, recent events, such as the death of Justice Ruth Bader Ginsburg and the confirmation of Justice Amy Coney Barrett, have highlighted the significance of shaping the federal judiciary.
Currently, only 4.9% of the 870 Article III judgeships are vacant, with the Senate confirming Joe Biden’s 213th judicial nominee. Future vacancies are expected to arise as judges opt to retire under a new administration. Both Republicans and Democrats have made judicial appointments a priority, with Trump appointing 234 federal judges during his term, and Biden working to appoint judges despite facing opposition in the Senate.
The outcome of the election will impact the number of vacancies the next president will get to fill, with about 100 federal judges meeting the criteria for retirement but not yet having done so. The tradition of “blue slips” requiring home-state senator approval for district court nominees could limit vacancies in red states, pending the continuation of this practice in the future.
Both parties aim to fill judicial vacancies with their preferred choices, with the upcoming election potentially influencing the shape of the federal judiciary for years to come. The emphasis on confirming judges reflects a commitment by both parties to shape the judiciary in line with their values and priorities.
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