Joshua Alter
@beyondnonjd.bsky.social
All things LL.M. students in U.S. law schools (Beyond Non-JD). And introducing the U.S. legal system, legal writing, and U.S. legal education abroad (LEALS). Shanghai. Bali. And the United States.
By my count, 27 Article III judges left active status since the 2024 election results. Six seats have already been filled, 1 has a nominee pending EBM vote, and 1 has a newly announced name.
Most common single combo? Red State (currently), W. Bush nominee, went senior.
Most common single combo? Red State (currently), W. Bush nominee, went senior.
January 14, 2026 at 10:05 PM
By my count, 27 Article III judges left active status since the 2024 election results. Six seats have already been filled, 1 has a nominee pending EBM vote, and 1 has a newly announced name.
Most common single combo? Red State (currently), W. Bush nominee, went senior.
Most common single combo? Red State (currently), W. Bush nominee, went senior.
3rd Circuit from 2023 to 2025 was the biggest transformation to me. From 2026 to 2028? 10th Circuit seems like an obvious front runner.
Currently D7-R5, but those numbers can change before Trump 2.0 comes to a close.
Remember, Obama era selections were in the blue slips era.
Currently D7-R5, but those numbers can change before Trump 2.0 comes to a close.
Remember, Obama era selections were in the blue slips era.
January 12, 2026 at 11:02 AM
3rd Circuit from 2023 to 2025 was the biggest transformation to me. From 2026 to 2028? 10th Circuit seems like an obvious front runner.
Currently D7-R5, but those numbers can change before Trump 2.0 comes to a close.
Remember, Obama era selections were in the blue slips era.
Currently D7-R5, but those numbers can change before Trump 2.0 comes to a close.
Remember, Obama era selections were in the blue slips era.
Trump and Republicans, with first-mover advantage and now 5 years to 4, have a major advantage in that regard.
Look to older Clinton judges and "compromise" Obama judges as the next flips. How many? Hard to tell for 2026 but I expect it to be very low.
Look to older Clinton judges and "compromise" Obama judges as the next flips. How many? Hard to tell for 2026 but I expect it to be very low.
January 12, 2026 at 12:09 AM
Trump and Republicans, with first-mover advantage and now 5 years to 4, have a major advantage in that regard.
Look to older Clinton judges and "compromise" Obama judges as the next flips. How many? Hard to tell for 2026 but I expect it to be very low.
Look to older Clinton judges and "compromise" Obama judges as the next flips. How many? Hard to tell for 2026 but I expect it to be very low.
Circuit seats in the post-2017 landscape have been so important (President/Senate same party all 9 years & no more blue slips). The "strategy" is simple: flip as many as you can and replace your older judges with younger and more political versions on the bench when you can.
January 12, 2026 at 12:09 AM
Circuit seats in the post-2017 landscape have been so important (President/Senate same party all 9 years & no more blue slips). The "strategy" is simple: flip as many as you can and replace your older judges with younger and more political versions on the bench when you can.
Once the SJQs for Davis, Shepherd, St. John, and Wolfe are out, I'll update this list. But I believe two are around my age (39-41ish) and two are around late 40s.
January 10, 2026 at 1:06 AM
Once the SJQs for Davis, Shepherd, St. John, and Wolfe are out, I'll update this list. But I believe two are around my age (39-41ish) and two are around late 40s.
So far: 1 of the 4 new announced district court nominees has an AFJ Opposes banner. Lack of a banner generally means decent-ish D/I votes in EBM/floor with the few who've avoided them.
No hearing listed yet and no SJQs uploaded to the SJC website yet.
afj.org/nominees/
No hearing listed yet and no SJQs uploaded to the SJC website yet.
afj.org/nominees/
January 10, 2026 at 12:42 AM
So far: 1 of the 4 new announced district court nominees has an AFJ Opposes banner. Lack of a banner generally means decent-ish D/I votes in EBM/floor with the few who've avoided them.
No hearing listed yet and no SJQs uploaded to the SJC website yet.
afj.org/nominees/
No hearing listed yet and no SJQs uploaded to the SJC website yet.
afj.org/nominees/
The longest red state vacancy w/o a name? Kansas seat from 1/14/2022!
If they go in order, St. John will be nominated for Vance's seat in Louisiana.
If they go in order, St. John will be nominated for Vance's seat in Louisiana.
January 8, 2026 at 10:57 PM
The longest red state vacancy w/o a name? Kansas seat from 1/14/2022!
If they go in order, St. John will be nominated for Vance's seat in Louisiana.
If they go in order, St. John will be nominated for Vance's seat in Louisiana.
For those keeping track at home. Texas put a dent in its spot at the top, down to 7 openings with no one named yet. Kansas continues to hold the next spot with 3 openings without names.
January 8, 2026 at 10:57 PM
For those keeping track at home. Texas put a dent in its spot at the top, down to 7 openings with no one named yet. Kansas continues to hold the next spot with 3 openings without names.
Fowlkes (15-7 last time) & Peterson (14-8 last time) should once again receive bipartisan support. 12-10 for Benton, Lea, and Olson (and Ganjei again)?
I'll be curious to see Senator Kennedy's vote on Olson.
www.judiciary.senate.gov/committee-ac...
I'll be curious to see Senator Kennedy's vote on Olson.
www.judiciary.senate.gov/committee-ac...
January 8, 2026 at 10:46 PM
Fowlkes (15-7 last time) & Peterson (14-8 last time) should once again receive bipartisan support. 12-10 for Benton, Lea, and Olson (and Ganjei again)?
I'll be curious to see Senator Kennedy's vote on Olson.
www.judiciary.senate.gov/committee-ac...
I'll be curious to see Senator Kennedy's vote on Olson.
www.judiciary.senate.gov/committee-ac...
Updated leaderboard (just woke up).
Durbin, Kaine, and King, all still tied for first.
Coons the second Senator for a Yea in SJC, no on floor. Feeling the heat?
Will be interesting if any changes to Peterson/Fowlkes when they revote at the next SJC EBM. And how they do on floor.
Durbin, Kaine, and King, all still tied for first.
Coons the second Senator for a Yea in SJC, no on floor. Feeling the heat?
Will be interesting if any changes to Peterson/Fowlkes when they revote at the next SJC EBM. And how they do on floor.
January 8, 2026 at 10:32 PM
Updated leaderboard (just woke up).
Durbin, Kaine, and King, all still tied for first.
Coons the second Senator for a Yea in SJC, no on floor. Feeling the heat?
Will be interesting if any changes to Peterson/Fowlkes when they revote at the next SJC EBM. And how they do on floor.
Durbin, Kaine, and King, all still tied for first.
Coons the second Senator for a Yea in SJC, no on floor. Feeling the heat?
Will be interesting if any changes to Peterson/Fowlkes when they revote at the next SJC EBM. And how they do on floor.
Ds who voted to invoke cloture on Van Hook on 12/18/2025: Coons, Hassan, Kaine, King, Klobuchar, Shaheen, & Welch (Durbin one of 5 D Senators who didn't vote).
We'll get to see how they're feeling three weeks later with tomorrow's floor vote.
www.senate.gov/legislative/...
We'll get to see how they're feeling three weeks later with tomorrow's floor vote.
www.senate.gov/legislative/...
January 7, 2026 at 11:20 PM
Ds who voted to invoke cloture on Van Hook on 12/18/2025: Coons, Hassan, Kaine, King, Klobuchar, Shaheen, & Welch (Durbin one of 5 D Senators who didn't vote).
We'll get to see how they're feeling three weeks later with tomorrow's floor vote.
www.senate.gov/legislative/...
We'll get to see how they're feeling three weeks later with tomorrow's floor vote.
www.senate.gov/legislative/...
The second Article III departure from the bench (including senior inactive judges) of 2026.
Last year? 38 total.
At least 2-3 senior judges have already gone inactive this year (or very end of 2025), though that's harder to track.
www.fjc.gov/history/judg...
Last year? 38 total.
At least 2-3 senior judges have already gone inactive this year (or very end of 2025), though that's harder to track.
www.fjc.gov/history/judg...
January 7, 2026 at 8:36 PM
The second Article III departure from the bench (including senior inactive judges) of 2026.
Last year? 38 total.
At least 2-3 senior judges have already gone inactive this year (or very end of 2025), though that's harder to track.
www.fjc.gov/history/judg...
Last year? 38 total.
At least 2-3 senior judges have already gone inactive this year (or very end of 2025), though that's harder to track.
www.fjc.gov/history/judg...
If you assume that the 4 seats requiring blue slips are D.O.A. until at least next Congress, that should leave 9-10 "red" seats without names from before Trump 2.0 (see John Guard).
4 in Texas, 1 in Kansas, 1 in Ohio, 1 (of 2) in Louisiana, 1 in South Carolina, and 1 in Alaska.
4 in Texas, 1 in Kansas, 1 in Ohio, 1 (of 2) in Louisiana, 1 in South Carolina, and 1 in Alaska.
January 7, 2026 at 12:12 AM
If you assume that the 4 seats requiring blue slips are D.O.A. until at least next Congress, that should leave 9-10 "red" seats without names from before Trump 2.0 (see John Guard).
4 in Texas, 1 in Kansas, 1 in Ohio, 1 (of 2) in Louisiana, 1 in South Carolina, and 1 in Alaska.
4 in Texas, 1 in Kansas, 1 in Ohio, 1 (of 2) in Louisiana, 1 in South Carolina, and 1 in Alaska.
Four more names from Trump 2.0 for Article III nominations. Those 2 W.D. Tex. seats are two of the currently longest vacant openings (both 2023).
January 6, 2026 at 11:37 PM
Four more names from Trump 2.0 for Article III nominations. Those 2 W.D. Tex. seats are two of the currently longest vacant openings (both 2023).
Article III judicial nominees back in the queue at the SJC EBM on Thursday.
January 6, 2026 at 1:56 PM
Article III judicial nominees back in the queue at the SJC EBM on Thursday.
The Eastern District of California is cited as one of the district courts that needs additional judgeships very badly. Judge Mueller, who went Senior in 2024, is now listed as retired by the FJC website.
E.D. Cal website not yet updated.
www.fjc.gov/history/judg...
E.D. Cal website not yet updated.
www.fjc.gov/history/judg...
January 5, 2026 at 11:30 PM
The Eastern District of California is cited as one of the district courts that needs additional judgeships very badly. Judge Mueller, who went Senior in 2024, is now listed as retired by the FJC website.
E.D. Cal website not yet updated.
www.fjc.gov/history/judg...
E.D. Cal website not yet updated.
www.fjc.gov/history/judg...
Northern District of Alabama Chief Judge update. Judge Haikala, confirmed in 2013 under President Obama.
The judges portion of the website not yet updated.
The judges portion of the website not yet updated.
January 2, 2026 at 11:20 PM
Northern District of Alabama Chief Judge update. Judge Haikala, confirmed in 2013 under President Obama.
The judges portion of the website not yet updated.
The judges portion of the website not yet updated.
The remaining AIII judges 96-101 years old?
Judge Pauline Newman only one still active (i.e., not gone senior). Big gap until the next active judge (I believe Judge Alan Lourie, a 1935 birth).
Not too many go inactive. Pretty impressive IMHO.
H/t: Wiki, FJC, Court websites.
Judge Pauline Newman only one still active (i.e., not gone senior). Big gap until the next active judge (I believe Judge Alan Lourie, a 1935 birth).
Not too many go inactive. Pretty impressive IMHO.
H/t: Wiki, FJC, Court websites.
January 2, 2026 at 1:24 AM
The remaining AIII judges 96-101 years old?
Judge Pauline Newman only one still active (i.e., not gone senior). Big gap until the next active judge (I believe Judge Alan Lourie, a 1935 birth).
Not too many go inactive. Pretty impressive IMHO.
H/t: Wiki, FJC, Court websites.
Judge Pauline Newman only one still active (i.e., not gone senior). Big gap until the next active judge (I believe Judge Alan Lourie, a 1935 birth).
Not too many go inactive. Pretty impressive IMHO.
H/t: Wiki, FJC, Court websites.
Judge Sachs, one of the remaining 100+ y/o AIII judges (+ Judges Glasser & Copenhaver), has moved from Active Senior U.S. District Judges to Inactive Senior U.S. District Judges. Website updated.
Story about fully retiring at 100: kansascitymag.com/9-over-90-ju...
Story about fully retiring at 100: kansascitymag.com/9-over-90-ju...
January 2, 2026 at 12:30 AM
Judge Sachs, one of the remaining 100+ y/o AIII judges (+ Judges Glasser & Copenhaver), has moved from Active Senior U.S. District Judges to Inactive Senior U.S. District Judges. Website updated.
Story about fully retiring at 100: kansascitymag.com/9-over-90-ju...
Story about fully retiring at 100: kansascitymag.com/9-over-90-ju...
By my count, only 1 active (i.e., non-senior status) Article III judge died on the bench in 2025 (Judge Alker). But a much larger group of Article III judges are no longer on the bench. Most were senior judges (active + inactive) who died.
h/t FJC, Wikipedia, & court websites
h/t FJC, Wikipedia, & court websites
December 31, 2025 at 2:08 AM
By my count, only 1 active (i.e., non-senior status) Article III judge died on the bench in 2025 (Judge Alker). But a much larger group of Article III judges are no longer on the bench. Most were senior judges (active + inactive) who died.
h/t FJC, Wikipedia, & court websites
h/t FJC, Wikipedia, & court websites
The FJC has not yet been updated, but notice of Judge Dimmick's death from the W.D. Wash.
With a h/t from Wikipedia & FJC, the 1920s Article III judges remaining (active & inactive).
www.wawd.uscourts.gov/news/memoria...
With a h/t from Wikipedia & FJC, the 1920s Article III judges remaining (active & inactive).
www.wawd.uscourts.gov/news/memoria...
December 31, 2025 at 1:08 AM
The FJC has not yet been updated, but notice of Judge Dimmick's death from the W.D. Wash.
With a h/t from Wikipedia & FJC, the 1920s Article III judges remaining (active & inactive).
www.wawd.uscourts.gov/news/memoria...
With a h/t from Wikipedia & FJC, the 1920s Article III judges remaining (active & inactive).
www.wawd.uscourts.gov/news/memoria...
And that's a wrap on Article III judges in 2025 under Trump 2.0.
December 19, 2025 at 3:22 AM
And that's a wrap on Article III judges in 2025 under Trump 2.0.
No surprise given the EBM vote. Will have to wait until 2026 for the confirmation vote.
December 19, 2025 at 2:56 AM
No surprise given the EBM vote. Will have to wait until 2026 for the confirmation vote.
Which Article III judges are no longer on the bench in 2025? The Federal Judicial Center provides a helpful resource.
By my count? 25 deaths, 7 active judges leaving to do something else, & 5 senior judges leaving to do something else. Includes inactive senior status.
www.fjc.gov/history/judg...
By my count? 25 deaths, 7 active judges leaving to do something else, & 5 senior judges leaving to do something else. Includes inactive senior status.
www.fjc.gov/history/judg...
December 17, 2025 at 10:52 PM
Which Article III judges are no longer on the bench in 2025? The Federal Judicial Center provides a helpful resource.
By my count? 25 deaths, 7 active judges leaving to do something else, & 5 senior judges leaving to do something else. Includes inactive senior status.
www.fjc.gov/history/judg...
By my count? 25 deaths, 7 active judges leaving to do something else, & 5 senior judges leaving to do something else. Includes inactive senior status.
www.fjc.gov/history/judg...