Thursday, April 30, 2026

May 2026 Judiciary News

Nominations, Hearings, Confirmations:

Red states:  There are still 14 vacant district court seats without nominees in red states (two R senators), including five in Texas, two in OK, and one each in AL, AK, FL, LA, NC, OH, and TN.  

Senate:  Michael Fragoso gives an update on the Senate calendar, arguing that the time to confirm judges this year is rapidly disappearing.

Retirement:  Michael Fragoso argues that conservative judges should retire when there is a good change that a conservative successor can be confirmed.

Nominees:  President Trump has nominated several lawyers who have defended him personally to federal judgeships.  These include Emil Bove (3rd Circuit), Justin Smith (8th Circuit nominee), and Matthew Schwartz (2nd Circuit nominee).

6th Circuit:  President Trump nominated Benjamin Flowers for the 6th Circuit.  He clerked for Sandra Ikuta (9th Circuit) and Justice Scalia.  He was Solicitor General of Ohio 2019-2023.

D-MT:  D senators criticized nominee Katie Smithgall Lane for having a short resume, and the ABA declared her "Not Qualified".  Michael Fragoso argues that their criticisms are misguided.

Nominations:
TBD

The Federal Judiciary:

Trump:  President Trump ranted against the Supreme Court, making several baseless allegations.

5th Circuit:  Judge E. Grady Jolly died on March 16 at age 88.  He was appointed to the 5th Circuit in 1982 by Reagan.  He took senior status in 2017, which he maintained until his death.

WD-TX:  Judge Alan Albright is retiring from WD-TX.  He is not eligible for senior status.  He was controversial due to his handling of patent cases.

ED-MI:  Judge Thomas Ludington pled no contest to operating while intoxicated after he crashed his car due to being 'super drunk' last fall.  He faces sentencing on May 13, and faces a misconduct complaint.

Vacancy Declarations:  There are now 44 current and future judicial vacancies.  New vacancies over the past two months are listed below.
MD-NC: William Osteen Jr. (W) 1/2/27 (senior)
8th Circuit: Ralph Erickson (Trump) TBD (senior)
WD-TX: Alan Albright (Trump) 8/2026 (retired)

State Supreme Courts:

Arkansas:  Two seats were up for election on March 3.
Position 3: Justice Nick Bronni (R) won 55-45 over John Adams.
Position 6: Justice Cody Hiland (R) was unopposed.

Hawaii:  Governor Josh Green nominated Justice Vladimir Devens to be Chief Justice of the Hawaii Supreme Court.  He was appointed to the court by Green in 2024.  He was one of five applicants for the position of Chief Justice vacated by Mark Recktenwald on October 8.  His nomination passed committee 3-2 due to not disclosing his involvement with a political action committee.

Idaho:  Chief Justice G. Richard Bevan, will retire on October 30.  He was appointed by Butch Otter in 2017.  His replacement will be appointed by Brad Little (R).

Kansas:  There are seven applicants for the seat on the Kansas Supreme Court vacated by Chief Justice Marla Luckert.  Governor Laura Kelly (D) will appoint a replacement.

Minnesota:  Chief Justice Natalie Hudson will retire on September 30, ahead of mandatory retirement next year.  She was appointed to the court in 2015 by Mark Dayton, and as chief by Tim Walz (D) in 2023.  Walz will appoint her replacement.

South Carolina:  Justice John Few dropped out of consideration for another term on the South Carolina Supreme Court.  The legislative election scheduled for March 4 was cancelled, and a new election will be scheduled after applications are reopened.  The new election may not be until next year since the South Carolina legislature will be out of session until then.  Former Speaker Jay Lucas appeared to have the most support for the seat.

Washington:  Governor Bob Ferguson (D) appointed Theo Angelis to the Washington Supreme Court.  He works in private practice.  He replaces Justice Barbara Madsen, who will retire on April 3.  

Wisconsin:  On April 7, Appeals Court Judge Chris Taylor (D) defeated Maria Lazar (R) 60-40.  She will fill the seat held by Rebecca Bradley (R), who is retiring.  The court will be 5D-2R.

History:

On Ed Whelan's Substack, "Confirmation Tales", recent posts deal with Barack Obama's Supreme Court nomination of Sonia Sotomayor.
Resources:
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