Thursday, May 01, 2025

May 2025 Judiciary News

Nominations, Hearings, Confirmations:

Nominations:  President Trump has yet to make any judicial nominations, despite White House counsel David Warrington saying on February 13 that there would be nominations “in a couple of weeks”.  Trump's first round of nominations in 2017 was on May 8 (after Gorsuch on February 1 and Thapar on March 21).  President Biden's first round of nominations in 2021 was on April 19.

Selection:  President Trump is expected to pick judges who are more conservative and/or more 'loyal'.  Many people may influence the selections, and it isn't clear yet who will have the most impact.

Selection:  Michael Fragoso gives several reasons why Trump's nominees may be different this term than in his first term.  Josh Blackman disputes Fragoso's argument for appointing more pragmatic nominees to liberal circuits.

Texas:  Bloomberg reports on the candidates who interviewed for judgeships in WD-TX and SD-TX.  They include several prominent state-level judges and federal magistrate judges.

Nominations:
TBA

The Federal Judiciary:

1st Circuit:  Judge Michael Boudin passed away on March 24.  He was a moderate conservative from a family of radical leftists.  He was appointed by George HW Bush to D-DC in 1990 and to the 1st Circuit in 1992.  He took senior status in 2013 and retired in 2021.

3rd Circuit:  Michael Fragoso argues that the open 3rd Circuit seat should be moved from Delaware to Pennsylvania or New Jersey.  Delaware currently has 2 of 14 seats, which makes it overrepresented by both population and caseload.

7th Circuit:  Diane Sykes will take senior status on October 1. She was appointed by W in 2004 after serving on the Wisconsin Supreme Court 1999-2004.  She is currently chief judge of the 7th Circuit, and Michael Brennan will presumably become chief judge, the first Trump appointee to do so.

9th Circuit:  Judge Sandra Ikuta will take senior status upon confirmation of a successor.  She was appointed by W in 2006.  This is the first retirement of a circuit judge since Trump was elected in November 2024.

Vacancy Declarations:  There are now 61 current and future judicial vacancies.  New vacancies over the past two months are listed below.
D-MA: Nathaniel Gorton (HW) 5/31/25 (senior)
9th Circuit: Sandra Segal Ikuta (W) TBD (senior)
7th Circuit: Diane Sykes (W) 10/1/25 (senior)
SD-FL: Robin Rosenberg (Obama) ??/25 (director of the Federal Judicial Center)
ND-MS: Sharion Aycock (W) 4/15/25 (senior)
MD-FL: Steven Merryday (HW) 8/31/2025 (senior)
SD-TX: Ricardo Hinojosa (Reagan) 5/21/25 (senior)

State Supreme Courts:

Arkansas:  Newly-elected Chief Justice Karen Baker (D) attempted to fire several court employees, apparently due to their responses to FOIA requests involving her.  However, five other justices ruled that she cannot do so.  Baker defended her actions, and the other justices disputed her actions.

Kansas:  The Kansas legislature approved a constitutional amendment to require that state judges be elected.  The amendment will need to be approved by voters in an August 2026 election.  The resolution passed the state senate 27-13 and the state house 84-40.  The current 'merit selection' system gives the liberal bar association a significant say in judicial selection.

Kansas:  Justice Evelyn Wilson will retire on July 4 due to her diagnosis with Lou Gehrig’s disease.  Wilson, age 65, was appointed in 2020 by Laura Kelly (D).  Governor Kelly will appoint her replacement.

Michigan:  Governor Gretchen Whitmer (D) appointed Noah Hood to the Michigan Supreme Court seat vacated by Elizabeth Clement (R).  Hood was appointed to the Michigan Court of Appeals by Whitmer in 2022, and was previously an AUSA (ED-MI and ND-OH).  The court will be 6 D, 1 R.

New Hampshire:  Justice James Bassett will retire on August 31, a year before he would have been age-limited.  He was appointed by John Lynch (D).  Governor Kelly Ayotte (R) will appoint his replacement.

North Carolina:  The dispute over the 2024 election for a seat on the North Carolina Supreme Court drags on.  Incumbent Alison Riggs (D) got more votes than Jefferson Griffin (R) due to a dubious ruling by a D-controlled elections board allowing some mail-in votes without necessary documentation.  The North Carolina Supreme Court ruled 4-2 that some overseas votes can be challenged.  The case is now being heard by federal judge Richard Myers (ED-NC).

Oklahoma:  Governor Kevin Stitt appointed Travis Jett to the Oklahoma Supreme Court.  He graduated from Georgetown and works in private practice, including for the conservative Oklahoma Council of Public Affairs.  Jett was one of three finalists for the seat of Justice Yvonne Kauger, who lost a retention election in November.

Texas:  Texas Supreme Court Justice Jeff Boyd will retire this summer.  He was was appointed by Rick Perry in 2012.  Governor Greg Abbott will appoint a replacement.

Utah:  Governor Spencer Cox vetoed a bill to allow the governor to select the chief justice of the Utah Supreme Court.

Vermont:  Justice Karen Russell Carroll will retire in August.  She was appointed by Phil Scott (R) in 2017.  Governor Scott will appoint her replacement.

West Virginia:  Justice Beth Walker (R) will retire on June 27.  She was elected in 2016.  In 2018, she was impeached and censured, but not removed from office.  Governor Patrick Morrisey (R) will appoint a replacement.

Wisconsin:  Dane County Circuit Judge Susan Crawford (D) defeated former AG Brad Schimel (R) 55-45 on April 1.  She will fill the Wisconsin Supreme Court seat vacated by Justice Ann Walsh Bradley (D).  A 4-3 liberal block has controlled the court since 2023.

Wyoming:  Chief Justice Kate M. Fox will retire on May 27, as she is age-limited this year.  She was appointed to the court in 2013 by Matt Mead.  Governor Mark Gordon picked Attorney General Bridget Hill to replace Fox.  Hill was appointed AG by Gordon in 2019.

History:

On Ed Whelan's Substack, "Confirmation Tales", recent posts deal with George W. Bush's nominations of lower court judges.
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