Saturday, November 01, 2025

November 2025 Judiciary News

Nominations, Hearings, Confirmations:

Appellate Nominees:  Ed Whelan updates the status of Trump's appeals court nominees.  He also breaks down the appeals courts by partisan appointments.

3rd Circuit:  Jennifer Mascott was confirmed 50-47.  Along with appointee Emil Bove, the 3rd Circuit now has an 8-6 majority of R appointees.  This may have an impact on some current cases, including a New Jersey gun ban.

7th Circuit:  Rebecca Taibleson, nominee for the 7th Circuit, was attacked by several conservative organizations due to her donation to Senator Joe Manchin (D-WV) and some donations by her husband.  Josh Blackman and the Wall Street Journal objected to the criticisms.  Nonetheless, she was confirmed 52-46.

8th Circuit:  Judge Duane Benton will take senior status.  This is the first opening for a court of appeals seat in 7 months.

Nominations:  The US Senate adopted a rule change to allow "en bloc" votes on lesser executive branch nominations.  This means that many nominations can be voted on at once, without requiring separate cloture votes.  This does not change the rules for judicial nominations, but it does eliminate a backlog and could allow judicial nominations to be considered more quickly.

MD-FL:  The nomination of John Guard is on hold indefinitely due to his involvement with a charity linked to Governor Ron DeSantis that is under investigation.  Guard is supported by Senator Ashley Moody (a DeSantis ally), but Senator Rick Scott has refused to return a blue slip at this time.

ND-MS:  Nominees James Maxwell and Robert Chamberlin have had a vote on their nominations delayed multiple times in the Senate Judiciary Committee.  Senator Chuck Grassley (R) said the delay is "unrelated to the candidates themselves" but did not give an explanation.

Texas:  Senators Cruz and Cornyn have recommended four candidates for federal district judgeships in Texas.

Nominations:
D-AK:  Aaron Peterson-Assistant Attorney General
SD-TX:  Nicholas Ganjei-clerk for Ralph Erickson (D-ND), Richard Griffin (6th Circuit), US Attorney (SD-TX)
WD-AR:  David Fowlkes-US Attorney (WD-AR)

The Federal Judiciary:

Supreme Court:  While often voting together, the three liberal justices have taken different approaches on the court.  Justice Kagan does the most to try to persuade more conservative colleagues.  Justice Sotomayor votes for leftist outcome but still respects the institution.  Justice Jackson engages in more grandstanding, possibly wanting to undermine the legitimacy of the court.

Criticism:  A group of federal judges anonymously criticized the Supreme Court for not writing opinions when deciding emergency docket cases.  The court has repeatedly overturned the injunctions imposed by district judges and liberal district judges are upset about this.

Criticism:  The New York Times surveyed some federal judges who again criticized the Supreme Court concerning the emergency docket.  However, the survey was only sent to judges in jurisdictions where cases have been filed against the Trump administration; that is jurisdictions with mostly liberal judges.

Retirements:  Bloomberg suggests that judicial retirements are increasing from their initial slow pace.  However, there were only 5 retirements in the last two months.

D-NJ, SD-MS:  Judges Julien Neals and Henry Wingate admitted to using AI in two recent error-riddled opinions, which they blamed on an intern and a law clerk, respectively.  Both judges say they are taking measures to avoid a similar situation in the future.

DC:  Judicial nominations to DC's municipal court are screened by a nominating commission controlled by the left before the President can make a nomination.  Carrie Severino argues that this is unconstitutional and should be overturned.

Vacancy Declarations:  There are now 54 current and future judicial vacancies.  New vacancies over the past two months are listed below.
SD-NY: Cathy Seibel (W) 11/3/25 (senior)
ND-TX: Jane Boyle (W) 10/1/25 (senior)
ND-AL: David Proctor (W) 1/1/26 (senior)
SD-OH: Michael Watson (W) 11/1/25 (senior)
8th Circuit: Duane Benton (W) TBD (senior)

State Supreme Courts:

California:  California Supreme Court Justice Martin Jenkins retired on October 31.  He was appointed by Gavin Newsom in 2020.  Newsom will appoint his replacement.

Hawaii:  Justice Mark Recktenwald left the court on October 1, as he is age-limited.  He was appointed by Linda Lingle (R) in 2009.  This vacancy was known for over a year, yet the application deadline has repeatedly been extended from February 20 to September 11 to November 3.

Nebraska:  The Judicial Nominating Commission proposed Patrick Guinan and Derek Vaughn for a vacant seat on the Nebraska Supreme Court.  Governor Jim Pillen will appoint one of them to district 2 (part of Douglas County).  Justice Lindsey Miller-Lerman retired on October 31.  

New Hampshire:  Justice Hantz Marconi pled no contest to one charge of criminal solicitation.  She had been indicted for attempting to influence Governor Chris Sununu to drop an investigation into her husband.  She will pay a fine and return to the bench.  She will be age-limited on February 12, 2026.

Pennsylvania:  Three justices of the Pennsylvania Supreme Court, Christine Donohue, Kevin Dougherty and David Wecht (all D) face a retention vote on November 4.  Both parties have spent heavily on the election.  The court is currently 5D, 2R.

Tennessee:  Tennessee Supreme Court Justice Holly Kirby will retire on June 30, 2026.  She was appointed by Bill Haslam in 2014.  Five candidates have applied for the position.  Governor Bill Lee (R) will get his fourth appointment to the court.

Texas:  Governor Greg Abbott appointed Kyle Hawkins to the Texas Supreme Court.  Hawkins clerked for Edith Jones (5th Circuit) and Samuel Alito.  He was solicitor general of Texas 2018-21.  He will replace Justice Jeff Boyd, who resigned on September 1.

Utah:  Governor Spencer Cox (R) nominated John Nielsen to the Utah Supreme Court.  He was one of seven applicants for the position.  Cox previously appointed Nielsen to the 3rd District Court in 2024.  If confirmed, he will replace Justice John Pearce, who will retire on December 1.

Washington:  Justice Mary Yu will retire on December 31.  She was appointed by Jay Inslee in 2014.  Governor Bob Ferguson (D) will appoint her replacement.

West Virginia:  There are 12 applicants and 4 finalists for a seat on the West Virginia Supreme Court.  Justice Tim Armstead (R) died from cancer on August 26.  Governor Patrick Morrisey (R) will appoint a replacement.

Numbers and Trivia:

7th Circuit:  As of October 1, the new chief judge of the 7th Circuit is Michael Brennan, who was appointed by Trump in 2018.  He replaces Diane Sykes, who was appointed by W in 2004.  The Presidents who appointed chief judges of the 13 appeals courts are W (2, 3, 5, 6, 8, 10, 11, Fed), Obama (1, 4, 9, DC), and Trump (7).

History:

On Ed Whelan's Substack, "Confirmation Tales", recent posts deal with George W. Bush's nominations of lower court judges.
California and Idaho Spar Over Ninth Circuit Seat
Chuck Schumer Declares No Bush Supreme Court Nominee Will Be Confirmed
Thomas Hardiman Survives Democratic Takeover of Senate
Democrats Deny Hearing to Fourth Circuit Nominee Robert Conrad

Bazelon:  Joel Klein writes about his experience clerking for pro-criminal judge David Bazelon (DC Circuit).  Bazelon treated Klein horribly after he expressed doubt about one of Bazelon's theories.  Later, moderate Supreme Court justice Lewis Powell treated Klein well.

Resources:
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Sunday, August 31, 2025

September 2025 Judiciary News

Nominations, Hearings, Confirmations:

Nominations:  Michael Fragoso compares the first 8 months of judicial nominations for President Trump to that of previous presidents.  Compared to his first term, Trump's nominees have similar credentials, but are more likely to have backgrounds in Republican politics.  He also argues that conservative judges have little reason to worry about the quality of their successors.

Nominations:  Joan Biskupic observers that Trump's nominees largely resemble those in his first term.  She speculates that this may lead more R-appointed judges to retire.

3rd Circuit:  The senate confirmed Emil Bove to the 3rd Circuit by a 50-49 vote.  Republican senators Collins and Murkowski voted no.  Bove is controversial due to his handling of the decision to drop the prosecution of New York Mayor Eric Adams, which led many of his subordinates to resign.  Shortly before his Judiciary Committee hearing, a whistleblower alleged that Bove had suggested defying court orders in a meeting, which Bove denies.

3rd Circuit:  Jennifer Mascott did not apply for the 3rd Circuit seat she is nominated for, only having expressed interest in some appointment by Trump.  She has received some criticism for thin ties to the state of Delaware.

7th Circuit:  President Trump nominated Rebecca Taibleson to the seat on the 7th Circuit to be vacated by Diane Sykes.  Taibleson clerked for Brett Kavanaugh (DC Circuit) and Scalia, and works as an AUSA (ED-WI).  She was one of five candidates recommended by a judicial nominating commission established by senators Johnson (R) and Baldwin (D).  It isn't known yet whether Baldwin will give a blue slip for Taibleson.

Blue Slip:  President Trump issued a post attacking Senate Judiciary Committee chairman Charles Grassley (R-IA) and demanding the end of the blue slip tradition which allows senators to veto district judges and US attorneys in their states.  Grassley responded that he was offended by the comments and reiterating his support for the blue slip.

Blue Slip:  President Trump threatened to sue over the blue slip tradition.  It isn't clear who exactly he would sue, and such a suit is widely seen as without merit.  Michael Fragoso argues that it does not make strategic sense to eliminate the blue slip.

Tillis:  Since Senator Thom Tillis (R-NC) announced his retirement, will he oppose any Trump judicial nominees?  He opposed Trump's first nominee for US Attorney for DC, but supported Emil Bove for the 3rd Circuit.

Nominations:
TBA

The Federal Judiciary:

Supreme Court:  David Lat summarizes the latest term of the Supreme Court.  He notes that the number of unanimous cases was about average, and some splits were not on the usual ideological lines.  He notes that the First, Fourth, Ninth, and Tenth Circuits were all reversed 100% of the time, with the 4th being the most reversed among them.

Supreme Court:  Carrie Severino summarizes the latest term of the Supreme Court.  She considers it one of the best terms in the court's history, with numerous wins for conservative and originalist causes.

Clerks:  David Lat has an update on Supreme Court clerk hiring, including demographics and feeder judges.

Kagan:  Justice Kagan has correctly decried threats against judges, but ignored similar threats against conservative colleagues in the past.

Court packing:  Parker Thayer notes that leftist groups that advocated expanding the Supreme Court have all mysteriously gone silent about the issue.  In most cases, this occurred around July 2024.

Judgeships:  The U.S. Judicial Conference is recommending that a future vacancy on the 10th Circuit, SD-WV, ED-MI, or D-WY not be filled.  It does not seem likely that President Trump will agree to this.

Retirements:  Far fewer judges are retiring in Trump's second term compared to this point under the previous four presidents.

Federal Circuit:  The DC Circuit rejected a suit against the Federal Circuit's "temporary" suspension of Judge Pauline Newman due to alleged disability.  However, it opened the door to rehearing the issue en banc.  Critics claim she is unable to fulfill her duties, but supporters say she is being mistreated due to her frequent dissents.  The Federal Circuit suspended Newman for a third straight year.

D-NJ:  Judge Julien Neals withdrew a decision after the revelation that "his opinion contained numerous errors, including made-up quotes and misstated case outcomes".  The ruling was apparently generated by AI and posted without being vetted.  Neals was the first judge appointed by President Biden.

SD-MS:  In another order seemingly generated by AI, Judge Henry Wingate "listed non-parties as plaintiffs, misquoted both the complaint and the challenged legislation, and cited a non-existent case."  Wingate, who is black, was appointed by Reagan in 1985.  He has previously been reprimanded by the 5th Circuit for failing to rule in a timely manner.

Vacancy Declarations:  There are now 60 current and future judicial vacancies.  New vacancies over the past two months are listed below.
Court of International Trade:  Stephen Vaden (Trump) 7/7/25 (resigned)
D-MT: Susan Watters (Obama) 6/8/26 (senior)
ND-TX: David Godbey (W) 9/17/25 (senior)
ED-PA: Mitchell Goldberg (W) 9/19/25 (retired)

State Supreme Courts:

Georgia:  Governor Brian Kemp (R) appointed Benjamin Land to the Georgia Supreme Court seat vacated by Michael Boggs on March 31.  Land was one of four finalists for the positions.  He was appointed to the Georgia Court of Appeals by Kemp in 2022.

Kansas:  Governor Laura Kelly appointed Larkin Walsh to the Kansas Supreme Court.  She works in private practice.  She clerked for Judge Carlos Murguia (D-KS), who resigned due to a sexual harassment scandal, and worked for liberal Kansas Supreme Court Justice Carol Beier.  Walsh was one of 15 applicants and one of three finalists for the position.  She replaces Justice Evelyn Wilson, who retired on July 4 due to her diagnosis with Lou Gehrig’s disease.  

Nebraska:  Nebraska Supreme Court Justice Lindsey Miller-Lerman will retire on October 31.  She represents District 2 (part of Douglas County).  She is the only democrat on the court, and was appointed by Ben Nelson (D) in 1998.  Governor Jim Pillen will appoint her replacement.

New Hampshire:  Governor Kelly Ayotte (R) nominated Bryan Gould to the NH Supreme Court.  He is a veteran GOP attorney who was previously special counsel to Governor Craig Benson (R).  At age 66, he could serve at most 4 years on the court.  He must be confirmed by the Executive Council.

South Carolina:  Justice John Few's term ends in 2026, and he is seeking reappointment by the legislature.  Although this normally occurs without opposition, Few is facing three challengers for his seat.  In 2023, Few ruled against a ban on abortion before upholding a revised version of the law.

Vermont:  Justice William Cohen will retire on December 27.  He was appointed by Phil Scott (R) in 2019.  Governor Scott will appoint his replacement.

West Virginia:  Governor Patrick Morrisey (R) appointed Tom Ewing to the West Virginia Supreme Court.  Ewing is a Fayette County judge, who was appointed in 2019 by Jim Justice.  He was one of 15 applicants and four finalists for the position.  He replaces Justice Beth Walker (R), who retired on June 27.

West Virginia:  WV Supreme Court Justice Tim Armstead (R) died from cancer on August 26.  He was appointed by Jim Justice in 2018.  He was previously a state rep (1998-2018) and speaker of the house (15-18).  Governor Patrick Morrisey (R) will appoint a replacement.

Numbers and Trivia:

Very few Trump judicial nominees are elected officials (excluding state judges).  There were only two in Trump's first term.
Mark Norris (TN state senate, 2000-2018)
Chad Kenney (Delaware County Sheriff, 1998-2003)

Trump has nominated two elected officials so far in his second term.
Bill Mercer (MT state house, 2018-P)
Robert Chamberlin (MS state senate, 1999-2004)

History:

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

Resources:
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Wednesday, July 23, 2025

2025 Kalamazoo Election Preview

This article was last updated August 4, 2025.

This is a preview of the November 4 elections in Kalamazoo County.

See who’s running for local office this year in Kalamazoo, Portage, Parchment

Kalamazoo City Commission

The mayor and three seats on the Kalamazoo City Commission are up for election. The seven commissioners are Mayor David Anderson (on since 2005, mayor since 2019), Don Cooney (1997-2019, 2021-P), Jeanne Hess (2019), Chris Praedel (2019), Qianna Decker (2021), Stephanie Hoffman (2021), and Alonzo Wilson II (2023).

The mayor is elected separately every two years.  There are staggered four-year terms for the other seats, with three up for election every two years.  Cooney, Decker, and Hoffman were elected to 4-year terms in 2021, and Hess, Praedel, and Wilson were elected in 2023.

Mayor Anderson, a center-left democrat, will run for reelection.  He is being challenged by Robert E. Gray and Chris Glasser.

Cooney and Decker are retiring, while Hoffman is seeking reelection.  The other candidates are Bernard Dervan III, Drew Duncan, Jacqueline Slaby, Jessica Thompson, Keshia Dickason, Kizzy Bradford, Sara Schlack, Soloman Carpenter, and Thomas Durlach.  As far as I know, none have sought election before.

Portage City Council

The mayor and three seats on the Portage City Council are up for election.  Patricia Randall was elected mayor in 2017 after serving on the council since 2009.  She is being challenged by Nasim Ansari, a former Kalamazoo county commissioner (02-12) and Portage city commissioner (13-17).  Ansari is a conservative Republican.

The other councilmembers are Terry Urban (1997), Jim Pearson (2011), Chris Burns (2017), and Vic Ledbetter (2020), Nicole Miller (2023), and Jihan Ain Young (2023).  The three seats up for 4-year terms are held by Urban, Ledbetter, and Young.  All three an running for reelection.

Also running are Jason Mikkelborg, Mark McKeon, Kathleen Olmsted, and Jay Woodhams.  Kathleen Olmsted is the current Kalamazoo GOP secretary.  Mikkelborg was a GOP candidate for county commission in 2024.  McKeon also ran for council in 2023.
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Monday, June 30, 2025

July 2025 Judiciary News

Nominations, Hearings, Confirmations:

ABA:  The Trump administration will not allow the American Bar Association (ABA) to vet judicial nominations using non-public information and interviews.  Previously, presidents W, Trump, and Biden have prevented pre-screening of nominees by the ABA.  The ABA is nonetheless continuing to rate nominees.

6th Circuit:  President Trump announced his first judicial nomination on May 2.  Whitney Hermandorfer clerked for Justices Alito and Barrett at the Supreme Court, and Brett Kavanaugh at the DC Circuit.  She works for the Tennessee AG's office.  Notably, she falls in the Federalist Society mold, not the more Trumpist mold that some pundits have suggested Trump could nominate.

3rd Circuit:  President Trump nominated Emil Bove to the 3rd Circuit, as was previously rumored.  He is being nominated for a seat in New Jersey.  Bove is controversial due to his handling of the decision to drop the prosecution of New York Mayor Eric Adams, which led many of his subordinates to resign.  Ed Whelan has a skeptical take on Bove's nomination, while Josh Blackman has a positive take. Shortly before his Judiciary Committee hearing, a whistleblower alleged that Bove had suggested defying court orders in a meeting, which Bove denies.

Retirements:  Fewer R-appointed judges are taking senior status in Trump's second term compared to previous presidents.  There are only 11 new vacancies between January 1 and June 1.  Josh Blackman considers whether this is due to concern over nominees like Emil Bove or for other reasons.

Federalist Society:  President Trump issued a rant against the Federalist Society and its longtime leader, Leonard Leo.  This was apparently due to a decision by the Court of International Trade striking down his unilateral imposition of tariffs on most other nations.  One of the three judges who issued the ruling, Timothy Reif, was a Trump appointee, though he was a democrat who was not supported by Federalist Society leaders.

Federalist Society:  Notwithstanding his criticism of the Federalist Society, most of President Trump's early judicial nominees have ties to the Federalist Society, and it retains deep ties to the GOP.

ED-KY:  Trump nominee Chad Meredith was almost nominated before.  After being passed over in 2020 at the end of Trump's term, he was almost nominated by President Biden in 2022.  Nominating the conservative Meredith was either a 'good will gesture' or part of a secret deal with Senator Mitch McConnell.  However, Senator Rand Paul objected to the deal, as did leftists, and it never came to pass.

SD-FL:  Judge Ed Artau is being attacked for ruling on a case involving President Trump while he was being considered for a nomination to SD-FL.

Impact:  Russell Wheeler considers how big an impact Trump nominations will have on the judiciary in his second term.  In brief, it will be much less than his first term, due to fewer vacancies, and fewer judges being eligible for senior status.

Nominations:
TBA

The Federal Judiciary:

Trans:  The Supreme Court ruled 6-3 that states can ban transgender medial procedures for children, rejecting a challenge by leftists.

Supreme Court:  The court issued three unanimous decisions yielding conservative outcomes.  The decisions on 'reverse discrimination', religious liberty, and a Mexican lawsuit against US gunmakers, were all written by liberal justices.

Supreme Court:  On the final day of its term, the court issued three 6-3 opinions on the issues of religious liberty in schools, pornography age limits, and limiting nationwide injunctions.

Clerks:  David Lat has an updated list of Supreme Court clerk hiring.  Based on this, he does not believe that any justices will retire this year.

Souter:  Justice David Souter died on May 8 at age 85.  He was appointed to the New Hampshire Supreme Court by John Sununu (R) in 1983.  He was appointed to the 1st Circuit in May 1990 and the US Supreme Court in October 1990, both by George H. W. Bush (R).  He almost immediately betrayed the people who supported him and sided with the left on most controversial cases.  He retired in 2009 at age 69, allowing Barack Obama to pick his successor.

5th Circuit:  Judge John M. Duhé, Jr. died on May 16 at age 92.  He was appointed to WD-LA in 1984 and the 5th Circuit in 1988, both by Reagan.  He took senior status in 1999, and became inactive in 2011.

Vacancy Declarations:  There are now 61 current and future judicial vacancies.  There were no new vacancies over the past two months.

State Supreme Courts:

Alabama:  Justice Jay Mitchell resigned from the Alabama Supreme Court on May 19 to run for Alabama Attorney General.  Mitchell was elected to the court in 2018. The next day, Governor Kay Ivey appointed Judge Bill Lewis to replace Mitchell.  Lewis was appointed by Ivey to the Alabama Court of Civil Appeals in February 2024.

Georgia:  The Georgia Judicial Nominating Commission recommended four candidates to replace Chief Justice Michael Boggs, who resigned on March 31.  They are Magistrate Judge Brian Epps (SD-GA), Georgia Court of Appeals judges Benjamin Land and John Pipkin III, and Judge Paige Whitaker.  Governor Brian Kemp (R) will appoint Boggs' replacement.

Kansas:  The Kansas judicial nominating commission recommended three candidates from 15 applicants to replace Justice Evelyn Wilson, who will retire on July 4.  They are Judge Amy Hanley, Judge Christopher Jayaram, and attorney Larkin Walsh.  Governor Kelly (D) will appoint Wilson's replacement.

North Carolina:  The dispute over the 2024 election for a seat on the North Carolina Supreme Court has ended.  Jefferson Griffin (R) conceded the election to Alison Riggs (D).  Federal judge Richard Myers (ED-NC) had ruled that the election should be certified, ruling that some contested ballots could not be disqualified after election day.

South Dakota:  South Dakota Supreme Court Justice Janine Kern will retire on December 8.  She was appointed in 2014 by Dennis Daugaard.  Her replacement will be appointed by Governor Larry Rhoden.

Utah:  Justice John Pearce will retire on December 1.  He was appointed by Gary Herbert in 2016.  Governor Spencer Cox (R) will get his third appointment to the court.

Numbers and Trivia:

Here are the numbers of senior status declarations/retirements for federal judges (circuit judges) for the first half of 2025.
1 (0) December 2024
8 (0) January/February 2025
7 (2) March/April
0 (0) May/June

Statistics:  Susie Moore of Redstate compiled some statistics on the composition of the federal courts by President who appointed them.  She also examines D-DC, the distribution of cases challenging the Trump administration, and how biased the judges are.

ABA:  Mike Fragoso compiles a list of R-appointed judges who were given a partial NQ (not qualified) rating by the ABA.  Many of them went on to have distinguished careers as judges.

History:

On Ed Whelan's Substack, "Confirmation Tales", recent posts deal with historical Supreme Court nominations.
Friend of Hillary Clinton Tries to Stop Kavanaugh Confirmation to D.C. Circuit
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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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Saturday, March 01, 2025

March 2025 Judiciary News

Nominations, Hearings, Confirmations:

Senate Judiciary Committee:  Senator Ashley (R-FL) Moody was added to the committee after being appointed to replace Marco Rubio.  She replaces Mike Crapo (R-ID), who was only on the committee for about 2 weeks.

Circuit Court:  David Lat speculates who President Trump might nominate to four vacant circuit court seats on the 1st, 3rd, and 6th Circuits.

Nominations:
TBA

The Federal Judiciary:

Roberts:  The Chief Justice wrote a year-end report, addressing threats to the judiciary, including violence and intimidation.

Sotomayor:  Justice Sotomayor claimed that the current Supreme Court is too quick to overturn precedent.  However, the court is much less likely to overturn precedents under Chief Justice Roberts than under previous chiefs.

Clerks:  David Lat has an update on hiring of Supreme Court clerks, including feeder judges.

Defiance:  Ed Whelan discusses when, if ever, it would be justified for the a President to refuse to follow a court order.

Federal Circuit:  The legal battle continues over the the Federal Circuit's "temporary" suspension of Judge Pauline Newman due to alleged disability.  Critics claim she is unable to fulfill her duties, but supporters say she is being mistreated due to her frequent dissents.

1st Circuit:  Judge Bruce Selya died on February 25 at age 90.  He was appointed by Reagan to D-RI in 1982 and to the 1st Circuit in 1986.  He took senior status in 2006, which lasted until his death.

Impeachment:  Rep. Derrick Van Orden (R-WI) introduced articles of impeachment against judge Paul Engelmayer (SD-NY) due to his order blocking Treasury Secretary Scott Bessent from accessing Treasury Department information.  Rep. Eli Crane (R-AZ) later filed articles of impeachment against Engelmayer also.

Vacancy Declarations:  There are now 53 current and future judicial vacancies.  New vacancies over the past two months are listed below.

D-CT: Jeffrey A. Meyer (Obama) 1/12/25 (death)
ED-KY: Danny Reeves (W) 2/1/25 (senior)
D-NM: James Browning (W) 2/1/26 (senior)
ED-OK: Ronald White (W) 1/27/26 (senior)
ND-OK: Gregory Frizzell (W) 3/1/26 (senior)
ND-GA: Timothy Batten (W) 5/23/25 (retired)
D-KS: Eric Melgren (W) 9/1/25 (senior)
ED-MI: Sean Cox (W) 7/28/25 (retired)

State Supreme Courts:

Arizona:  Katie Hobbs (D) appointed Judge Maria Elena Cruz (D) to the Arizona Supreme Court seat vacated by Robert Brutinel (R).  She was elected to the Yuma County Superior Court in 2008 and appointed to the Arizona Court of Appeals by Doug Ducey (R) in 2017.

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.

Connecticut:  Governor Ned Lamont (D) has nominated William Bright Jr. to the Connecticut Supreme Court seat vacated by Raheem Mullins, who was appointed Chief Justice.  Bright was appointed to the Superior Court by Jodi Rell (R) in 2008 and to the Appellate Court by Dannel Malloy (D) in 2017. 

Georgia:  Chief Justice Michael Boggs will resign on March 31.  He was appointed in 2017 by Nathan Deal (R) and has been chief since 2022.  He identifies as a conservative D, and was nominated to a federal district judgeship by Obama in 2013, but not confirmed.  Governor Brian Kemp (R) will appoint his replacement.

Louisiana: Judge Cade Cole (R) will fill the 3rd district of the Louisiana Supreme Court after he was the only candidate to file for election.  Cole is a part-time state and local tax judge appointed in 2013 by Bobby Jindal (R).  The seat was vacated by Justice James Genovese to become president of Northwestern State University.

Maine:  Justice Joseph Jabar left the Maine Supreme Court on January 31, 2024.  He was not reappointed by Governor Janet Mills (D), who reportedly wanted a more liberal replacement.  The seat has now been vacant for over a year.  On February 28, Mills nominated Superior Court Judge Julia Lipez, who was nominated but not confirmed to a seat on the (federal) 1st Circuit.  Lipez clerked for Diana Motz (4th Circuit) and was appointed to the Maine Superior Court by Mills in 2022.

Michigan:  Chief Justice Elizabeth Clement (R) will retire no later than April 30 to become president of the nonprofit National Center for State Courts.  She was appointed in 2017 by Rick Snyder (R), but quickly established a moderate to liberal voting record.  She is 47 and her term would have expired in 2026.  Governor Gretchen Whitmer (D) will appoint Clement's replacement, which will make the court 6 D, 1 R.

Texas:  Governor Greg Abbott appointed Jimmy Blacklock (R) as chief justice of the Texas Supreme Court, replacing Nathan Hecht, who was age-limited.  He was appointed to the court by Abbott in 2018 after clerking for Jerry Smith (5th Circuit) and being general counsel to Abbott.  Abbott also appointed James Sullivan to replace Blacklock on the court.  Sullivan clerked for Thomas Griffith (DC Circuit) and was general counsel to Abbott.

Utah:  The state senate passed a bill to allow the governor to select the chief justice of the Utah Supreme Court.  This comes in the wake of several liberal rulings by the court.

Wisconsin:  There will be an election to fill the Wisconsin Supreme Court seat vacated by Justice Ann Walsh Bradley (D).  The candidates are former AG Brad Schimel (R) and Dane County Circuit Judge Susan Crawford (D).  Since there are only two candidates, the primary was cancelled; the general election is April 1.  A 4-3 liberal block has controlled the court since 2023.  Both candidates have raised big money, with Elon Musk supporting Schimel.  The campaign has focused on abortion and crime.

Numbers and Trivia:

Here are the numbers of senior status declarations/retirements for federal judges (circuit judges) for the past year.
7 (3) January 2024
2 (0) February/March
5 (1) April/May
5 (0) June/July
3 (0) August/September
2 (0) October/November
1 (0) December 2024

25 (4) Total (2024)
44 (3) Total (2023)
59 (8) Total (2022)
99 (30) Total (2021)

History:

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