So it’s finally here. After nearly eight years, and more than four hundred nominee profiles, it’s time to close the final chapter on the Vetting Room. When I first started the Vetting Room eight years ago, I wrote my hopes that this blog would be a way to “inform the general public about candidates for the federal bench.” I think we’ve succeeded in doing that. I also hoped that, by providing “disinterested” commentary (in the sense that we’re not advocating for or against individual nominees), the Vetting Room could be a part of de-escalating confirmation tensions and supporting an apolitical judiciary.
Reflecting back, there is much to be proud of. I never expected that a small legal blog started by a nobody with some assistance from his friends and associates would become one of the most widely searched resources on judicial nominees. Furthermore, I’ve received messages of praise and support from prominent liberals and conservatives who have praised the tone and content of our write-ups. Similarly, I’ve fielded angry messages and comments both from folks convinced that we’re secretly suppressing unfavorable information on nominees and from those accusing us of writing hit pieces, in one case, addressing a single article. Needless to say, we must be doing something right.
I’m also thankful for all the support we’ve gotten, not just from the amazing attorneys who wrote for us, but also from attorneys and law students who helped with research, and from fellow legal bloggers and lawyers who shared, retweeted and commented on our posts. I would note that Howard Bashman of How Appealing has been particularly generous with sharing our write-ups and with his support.
Given all this, one might wonder why the Vetting Room is shuttering. Especially with an incoming Administration that is likely to push to reshape the judiciary in a more conservative direction, and likely to be the source of dozens, if not hundreds, of posts. Well, see, that’s the thing.
Writing and managing a legal blog is not cost-less. Several hours of research, wordsmithing, and analysis go into each post, not just in how to frame each nominee’s background, but also in determining what information should or should not be included. Time spent here is time not spent with my family, or pursuing other passions and interests. Having kept up with the blog through four years of a Republican President and four years of a Democratic President, now seems like the right time to move on.
The Vetting Room is not being taken down, and the posts that are here will stay on (at least for the near future). As time dictates, additional posts detailing the history of the judiciary (some of my favorite writing but ones I’ve had trouble keeping up with) may be added.
This is not to say that it is time to disengage from judicial nominations entirely. Our founding fathers intended for the confirmation process to include public review and input. In the end, all Americans have an interest in having a Judiciary that decides based on the rule of law, rather than ideology or partisanship. And I expect that vigilance in the process will not cease.
Perhaps, if other interested attorneys come forward who would want to carry the mantle for an apolitical judiciary, the Vetting Room may revive as such. Until then, I thank all the readers this blog has maintained for their support and encouragement, and hope that, in our own way, we’ve had a positive impact on the judicial nomination discourse.
@ Dequan
In addition to Gideon and Nelson, some of those senate races lost in 2022 killed chances of having a nice workable majority – ie North Carolina, Ohio, and especially that Wisconsin race.
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Particularly North Carolina & Wisconsin
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Tim Ryan was about as good as a candiate we could get for Ohio.
If the country sours enough on the GOP, then Brown could win that race next year.
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If next year is good year for Democrats (and Trump fails in his attempts to rig the midterm elections), I think Ohio, NC, & Maine are flippable.
Then we just need a wildcard seat, which could include Alaska (Mary Peltola v. Dan Sullivan) or Nebraska (Dan Osborn). My friend from Alaska posted a poll today showing Peltola 2 points ahead of Sullivan. I don’t put too much stock into polls but it shows that it’s not impossible for Peltola to flip Alaska. There is also some very small chance that if Paxton beats Cornyn in Texas, a Democrat could win the general election (though small enough that I am NOT rooting for Paxton to win the primary).
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What I remember about Sara Gideon is that she and her allies flooded Maine with negative ads. They backfired badly on her. I’m wondering if the same thing happens in 2026?
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Most people aren’t politically aware enough to see through Susan Collins’s disguise as a reverse-Joe Manchin. For years, I genuinely believed that Susan Collins is a moderate, even after she voted to confirm Kavanaugh and acquit Trump.
If you’re the strategist for Susan Collins’s opponent, you don’t really have much to pin her as a Trump loyalist (only votes from 2021-2026 count since she got re-elected after voting to confirm Kavanaugh & acquit Trump). Meanwhile, if you’re Susan Collins’s campaign, and you want ads/postcards that specifically target Democratic voters, you can point to Susan Collins’s votes
-in favor of convicting Trump after the Jan. 6 riots
-in favor of confirming Ketanji Brown Jackson
-against confirming Pete Hegseth
-against voting the Big Ugly Bill
I’ve had my suspicions for years, but the tipping point where I realized that every Senate Republican is in a coordinated effort to be Trump’s lackeys has nothing to do with Collins herself. This tipping point was MURKOWSKI voting in favor of the Big Ugly Bill, which Collins voted against. I saw all the votes on Democratic amendments. Collins & Murkowski supported some of them, Rand Paul & Thom Tillis supported some, and even Josh Hawley supported a couple of them. But despite all these crossover votes, ZERO of the Democratic amendments passed. You cannot have that many 49-51 votes and lineups without a coordinated effort to make sure that every Democratic amendment is doomed to fail.
But this probably won’t matter in 2026, since the GOP has 53 seats they can let Collins keep voting against her party while privately promising Trump that Collins will support his agenda if her vote will determine the outcome.
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Most former federal judges rarely make the news or comment on political matters, but today, 31 former federal judges called on the Supreme Court to reject Trump’s tariffs. These former judges have a wide range of ideological and geographical backgrounds, and most have never publicly spoken out against the Trump administration. The 31 judges are:
John Winslow Bissell (NJ)
Michael Burrage (N.D. Oklahoma)
Robert J. Cindrich (WDPA)
Andre M. Davis (4th Cir.)
William F. Downes (Wyoming)
Allyson K. Duncan (4th Cir.)
Gary Allen Feess (C.D. Cal.)
Jeremy Fogel (N.D. Cal.)
William Royal Furgeson Jr. (WDTX)
Paul W. Grimm (Maryland)
Andrew J. Guilford (C.D. Cal.)
Thelton Henderson (N.D. Cal.)
Robert Harlan Henry (10th Cir.)
John E. Jones III (MDPA)
John S. Martin Jr. (SDNY)
A. Howard Matz (C.D. Cal.)
Richard B. McQuade Jr. (N.D. Ohio)
Paul R. Michel (Fed. Cir.)
Liam O’Grady (EDVA)
Kathleen M. O’Malley (Fed. Cir.)
Layn R. Phillips (W.D. Oklahoma)
Philip M. Pro (Nevada)
Shira A. Schendlin (SDNY)
Ursula Ungaro (SDFL)
Vaughn Walker (N.D. Cal.)
T. John Ward (EDTX)
Alexander Williams Jr. (Maryland)
Diane Wood (7th Cir.)
Thomas Vanaskie (3rd Cir.)
Lee Yeakel (WDTX)
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Per John Doe’s twitter account, the Alliance for Justice has announced Trump nominated (or intends to nominate) three district court judges in Alaska, Arkansas and Texas. He seems to think Democrat committee staff members are leaking out this info to allied groups in advance (which could be possible).
https://afj.org/nominees/
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Thanks for highlighting! Reuters follow-up piece today (including more on the behind-the-scenes stuff playing out with the White House & Senate Rs).
And their SJQs are hyperlinked. Q26 is usually the first one I look at.
https://www.reuters.com/legal/government/trump-nominate-new-federal-judges-texas-two-other-states-2025-10-28/
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Also, didn’t see it mentioned here, but John Doe also announced that 8th Circ. Judge Duane Benton (GWB appointee) will take senior status upon confirmation of a successor. I hope the rest of the Republican judges on the various circuit courts can hold on until the end of Trump’s term.
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Thanks Mike S. Bad news all around but as we all know, elections have consequences… Uuuggghhh
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If Duane Benton takes Senior Status, look for Judge Sarah Piltyk to replace him.
And perhaps state judge Rebecca Navarro will replace Sarah Piltyk on the District Court.
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I think Josh Hawkey’s wife could get serious consideration. She has argued at the SCOTUS, she could get confirmed without Hawley voting & they wouldn’t need to backfill any seat.
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Now I’m really depressed. The thought of Pitlyk or Ms. Hawley on the Court of Appeals is horrifying…
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@Dequan
Oh it’s definitely gonna be Mrs. Erin Hawley. She’s young (45/46), with proper conservative credentials, helped overturned Roe v Wade, and has a senator for a husband.
Honestly, it sucks that even if Josh Hawley is voted out in the coming years, his wife would still do immense damage on the 8th Circuit. I hope this will be the only vacancy on that court but I ain’t holding my breath.
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And I forgot to mention the 8th only has one woman so certainly likely to be a female pick
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The second Trump 2.0 AIII nominee to get > 1 D/I vote:
7:02 p.m. By a vote of 58-40, the Senate confirmed the nomination of Bill Lewis to be United States District Judge for the Middle District of Alabama.
Will be curious if we get another story focused on pressure on D Senators from Demand Justice and other groups for those voting yes. FWIW, the NC batch was voted out of the SJC 17-5 (Courtwright Rodriguez); 15-7 (Freeman); 14-8 (Orso); and 12-10 (Bragdon), so when Senate Rs tee up those votes I’m guessing we’ll see another story as people see more D Senators voting yes.
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And in case of interest to anyone: this was the final Trump 1.0 AIII vacancy to be filled.
https://www.uscourts.gov/data-news/judicial-vacancies/current-judicial-vacancies?order=field_opening_date&sort=asc
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Always useful to know whose fundraising pleas to toss unopened into the trash…
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Tomorrow, Jordan Pratt of Florida and Edmund LaCour of Alabama will be voted on for District judges.
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I really don’t have an issue with some Democrat senators voting to confirm mainstream conservative judges – after all, elections have consequences. I don’t think there are going to be a lot of them nominated this time around, but it never made sense to me to just flat out refuse to vote for someone just because they were nominated by Trump. You still gotta do your job and vote for each nominee on a case by case basis.
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Not confirming the nominee for the 1st circuit was whatever since all 5 were liberals, not confirming the nominee for 6th circuit was unfortunate since it would have been nice since 7/9 is better than 6/10.
But letting yourself lose the 3rd circuit tie AND ending up a wildy lawless judge like Emil is unforgivable.
P.S. Looks like the GOP will confirm more nominees this month and next month then most months under Biden, they might end up having a pretty.
Not sure how much longer they can keep the blue slip with how fast they’re filling up the red state vacancies.
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I really think Democrats thought Harris would win and they could figure out the Mangi nomination after the election. Not confirming Campbell to the 6th Circ. prior to the election was just perplexing… if I remember correctly, she had a background that would have been appealing to Manchin. Also, there was a period of time where both Rounds and Vance were out for a few weeks. Why Democrats didn’t take advantage of that time period… it was just a comedy of errors at that point.
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They don’t care judges in blue states enough to allow Democrats to pick judges in red states.
Hasn’t happened, not gonna happen period.
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I think this is correct, for the time being. I don’t see Grassley budging on this, for the foreseeable future. I think if Biden had signed the JUDGES Act, maybe a different story…
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Jordan Pratt of Florida got confirmed by a 52 to 47 vote, Joni Ernest didn’t vote for some reason.
The Senate just invoked cloture on the nomination of Edmund LaCour by a vote of 53 to 46. Alex Padilla missed that vote.
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The leak at John Doe turned out to be correct, the White House announced the three nominations today.
Nicholas Ganjei– Acting U.S. Attorney and former Chief Counsel for U.S. Senator Ted Cruz, for the Southern District of Texas.
David Clay Foulker– Acting U.S. Attorney for former ADA for Benton County, for the Western District of Arkansas.
Aaron Peterson– currently leads the Natural Resources Section of the state Department of Justice, former ADA in Anchorage, for Alaska.
All three are career prosecutors. Are they conventional nominees or people to be alarmed about?
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I think all three could have been GW Bush nominees. That’s a good thing instead of bat sh*t ultra conservative nut jobs. No question all 3 are conservative but none seem to be as extreme as some of the earlier nominees we have seen.
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FWIW, as of now it looks like AFJ is only opposing two of the three. Peterson joins Van Hook and Mooty without the banner by his profile. Given Mooty’s comfortable confirmation margin, I’m now curious to see how many votes Van Hook gets in the EBM/cloture/floor votes. A bunch of articles already out on Crain, who seems destined to be another in the many party line votes.
I saw posts explaining why Welch voted for Dudek and King explaining the Divine vote. So Lewis is the only one with a disconnect between multiple D Senators and AFJ so far.
AFJ opposes all three NC nominees who received bipartisan EBM support (and the party line nominee obviously). Still think that’ll become a big (by our standards) story if Senate Rs tee up the former three for back-to-back-to-back votes over one or two days. Maybe next Tuesday/Wednesday if they do their Dunlap cloture/floor vote on Thursday/Monday?
https://afj.org/nominees/?administration=527
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Did anyone catch former Senator Sinema making threats to a city council that they better go along with her on AI or they would face the wrath of Trump?
I get being angry about some of the seats we didn’t fill at the end but that goes along with elections have consequences.
Us not winning races in Wisconsin and North Carolina meant Manchin and Sinema were calling the shots on judicial nominees being confirmed or not (even with Republicans gone sometimes) and when they decided to start being pricks and saying no, that was that.
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Sooo many vacancies in Texas, there’s something really gross about the fact that almost every federal judge in Texas has Ted Cruz’s’ approvals.
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Texas Supreme Court rules judges can deny same-sex marriages
Unrelated to judicial appointments, but look at the absolute state of the Texas Supreme Court
I sincerely hope Texas Dems run candidates against the judges who signed on to this and use them in attack ads for the midterms. But knowing them, I ain’t holding my breath
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Sadly, they will face no consequences for this, anti-LGBT bigotry is strong in Texas.
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I wish we could see the results of who voted to rehear the 9th circuit enbanc case with the Oregon national guard. I’m curious to see if there are any surprises.
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We got a vote a few days ago on the California National Guard case, which might provide a clue. Marsha Berzon wrote a statement (it’s a statement because Berzon is a senior judge who can’t vote, but it reads as a dissent and Berzon outright says the case should have been reheard)
Statement: Berzon, joined by Murguia, Wardlaw, W. Fletcher, Gould, Paez, Christen, Hurwitz, Koh, Sanchez, Mendoza
4 judges (Berzon, Fletcher, Paez, Hurwitz) are senior judges, leaving 7 active judges (Murguia, Wardlaw, Gould, Christen, Koh, Sanchez, Mendoza) who voted to rehear the case.
9 active Democratic judges did not join the statement (and thus presumably voted not to rehear, unless they dissented without revealing their votes): Rawlinson, Nguyen, Owens, Friedland, Sung, H. Thomas, Desai, Johnstone, de Alba
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Looks like we will be getting a big batch of Texas nominees in the near future…
…https://news.bloomberglaw.com/us-law-week/texas-senators-picks-for-federal-judgeships-sent-to-white-house…..
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Here are the likely names according to this article.
Erin Nealy Cox: a partner at Kirkland & Ellis at their Dallas office and a former U.S. Attorney for the Northern District of Texas. I’m kind of surprised, she strongly condemned the participants of January 6, 2021.
Andrew Davis: a partner at Lehotsky Keller Cohn at their Austin office. Former Chief Counsel to Senator Ted Cruz.
Chris Wolfe: a Tarrant County District Court Judge and longtime former Federal prosecutor.
Rob Jones: Longtime AUSA for the Southern District of Texas. He’s worked extensively on border issues, which may have been his chief selling point to the White House.
They seem to me to be more conventional than expected. Is there something that isn’t well known about any of them?
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https://alaskabeacon.com/2025/10/29/trump-plans-to-nominate-state-fish-and-game-attorney-for-alaska-federal-judgeship/
We often get more insight from the local reporting. I found this one really good today on Aaron Peterson (Alaska). Especially since I believe his is SJQ stated he had not yet met with Murkowski (I think the meeting was scheduled for October 23), which would be important for blue slips.
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The Senate voted by 51 to 47 to invoke cloture on Joshua Dunlap’s nomination. The confirmation vote is on Monday.
Also on Monday, there will be a confirmation vote on Eric Tung.
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Looks like they’re doing Tung cloture on Monday, Dunlap floor vote on Tuesday (or later), and Tung floor vote on Wednesday (or later).
No idea what else they have going on next week, but they could confirm at least 2-3 of the N.C. nominees, depending how late they want to stay Thursday.
The EBM was again cancelled today; at some point I’m sure we’ll find out what was happening behind the scenes with Mississippi.
https://www.senate.gov/legislative/LIS/executive_calendar/xcalv.pdf
UNANIMOUS CONSENT AGREEMENT
Eric Chunyee Tung (Cal. No. 371) (PN400-3)
Joshua D. Dunlap (Cal. No. 370) (PN400-1)
Ordered, That at 5:30 p.m. on Monday, November 3, 2025, the cloture motion with respect to the
nomination of Eric Chunyee Tung, of California, to be United States Circuit Judge for the Ninth Circuit ripen.
Ordered further, That at a time to be determined by the Majority Leader in consultation with the Democratic Leader no earlier than Tuesday, November 4, 2025, notwithstanding Rule XXII, the Senate vote on
confirmation of the nomination of Joshua D. Dunlap, of Maine, to be United States Circuit Judge for the First
Circuit.
Ordered further, That if cloture is invoked on the Tung nomination that all post-cloture time be expired
and the Senate vote on confirmation of the nomination, notwithstanding Rule XXII, at a time to be determined
by the Majority Leader in consultation with the Democratic Leader no earlier than Wednesday, November 5, 2025.
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https://news.bloomberglaw.com/us-law-week/two-trump-mississippi-judicial-picks-face-trouble-advancing
Lesson learned: quick Bing search (still in China) before posting. The mystery deepens. Only one active judge on the N.D. Mississippi, despite three slots/judicial emergencies/etc.
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While I’m annoyed at the flip we’re about see on the 1st Circuit , it will still be a Democratic controlled court with Dunlap writing dissents for his whole career (yes I’m aware SCOTUS can take up cases but they’ll do that regardless.)
Only way for it to not have happened was for William Kayatta to have announced senior status much earlier then he did when Manchin/Sinema were still playing nice.
As for Tung, it sucks but Ikuta is a very conservative George W judge who before the 9th became more conservative under Trump would make it a point to complain about how conservative views weren’t welcome there.
She was NEVER going to take senior status under Biden or a Democratic president if she could help it.
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Dunlap will basically be the conservative version of Jane Kelly. Although Kelly usually dissents in high-profile cases, she is sometimes able to convince one of her conservative colleagues to join her, such as when the 8th circuit blocked Missouri’s abortion ban in 2021. I expect the same will be true for Dunlap
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Word about the potential Texas nominees in Bloomberg is getting out. Some in the MAGA movement are denouncing Erin Nealy Cox. They’re also denouncing the law firm she works for and her husband’s donations.
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Unfortunately, that means Erin Nealy Cox probably won’t be nominated, which feels especially wrong provided that the Texas nominees have been 90% men since Ted Cruz became a senator.
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About the Eighth Circuit Court of Appeals, it’s official. Duane Benton of Missouri has announced he’s taking Senior Status.
https://minnlawyer.com/2025/10/29/judge-duane-benton-senior-status-8th-circuit/
I agree with the consensus on this board. His successor will be either Erin Hawley or Sarah Piltyk.
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Perhaps. But what Trump really seems to want these days is yes-men and other toadies. A recent X post by Mike Fragoso named five other possibilities for the seat besides Pitlyk and Hawley, including Solicitor General D. John Sauer and Trump mouthpiece Will Scharf. i wouldn’t rule either of them out…
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I don’t have Twitter. Could you name who the other three names were besides John Sauer and Will Scharf?
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The others on Fragoso’s potentials list are Vance counsel Sean Cooksey, Josh Divine (just confirmed, I think, to a District Court seat and thus somewhat improbable), and a Sauer associate named Justin Smith.
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I see that the 3 Democratic justices on the PA Supreme Court will be retained, according to various outlets
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Tonight was the first night I came home & turned on MSNBC since two nights after election night one year ago.
Virginia went blue, New Jersey stayed blue, Mandani won NYC mayor, Prop 50 passed in California, all three Pennsylvania Supreme Court justices were retained & even Georgia, flipping two open Public Service Commission seats to Democrats. I think the country is starting to wake up.
This has to be a START. Democrats better not cave on the shutdown. They got the momentum & this is the only leverage they will have until at the earliest January 3, 2027.
This is what happens when you run authentic candidates. AOC, Crockett & Pelota all should seriously consider US senate runs.
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Joshua Dunlap got confirmed last night.
Frustrating to see this flip but at least he’ll be in the minority and I just don’t see other then Gelpi where the more liberal jurists will be joining him in any options regarding LGBT/reproductive/voting rights etc.
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The first time every circuit seat has been filled since late October 2020? I can’t remember any time during the Biden years that happened off the top of my head.
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Republicans know how to get their stuff together and confirm lifetime judges.
Maybe something Dems should learn next time they’re in power so they don’t hand over THREE circuit seats.
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Democrats handed over FIVE circuit court seats. Wynn ended up rescinding, but they didn’t know it at the time. It’s unforgivable & as much as I am a left of center Democrat, I can’t support any senate leader who agreed to that “deal” for any future leadership position. Particularly when all but Ryan Park could have been confirmed before the election with simple math. It will never forgive them for not taking advantage of two Republican senators being out for a month.
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With 19 AIII confirmations so far after Tung just now (Wikipedia was updated before the vote ended!), I count:
14 party line votes
1 Collins/Murkowski + Ds/Is opposed (Bove)
2 with 1 D/I in favor (King for Divine; Welch for Dudek)
2 with > 1 D/1 in favor (14 for Mooty; 6 for Lewis)
North Carolina batch the week of November 17-21?
Still waiting to see if they end up keeping the EBM tomorrow. Crain and Van Hook added in red for the first time. Only non-Mississippi person eligible for a vote is a U.S. Attorney for North Carolina.
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The 11th Circuit Couet has given Judge Aileen Cannon 60 days to rule on final disposition of the Jack Smith case on Mar Lago to include various motions and such..She blocked release in Jan.2025. Shes been sitting on the case since 2024 they said…
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For those curious about the behind-the-scenes before the nominations happen, this news yesterday may be of interest.
Daniel E. Burrows, of Colorado, to be an Assistant Attorney General, vice Aaron Reitz, resigned.
For those who recall earlier this year: Senators sound off as DOJ’s judicial nominations lead steps down (https://www.courthousenews.com/senators-sound-off-as-dojs-judicial-nominations-lead-steps-down/).
A lot of pieces from a lot of sides, so not sure if we’ll get more nominations/faster nominations. But I’ll definitely be curious.
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I’m not happy about the Circuit court seats we lost either but as I said before, the problem was when we lost a chance to flip seats in NC and WI, we got left at the mercy of Manchin/Sinema (and likely Fetterman and others) and when they decided to start playing hardball, there was nothing to be done, even when some Republicans were gone.
It sucks but it’s a harsh reminder of why every seat matters.
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Given the topics often discussed below the line on this blog, I thought it would be interesting to share this article from earlier today.
Judges Need to Know What Time It Is — Time to Go Senior, https://www.nationalreview.com/bench-memos/judges-need-to-know-what-time-it-is-time-to-go-senior/
Primary audience? The people around the ~23 (by my count, I may be slightly off) circuit judges appointed by Republican presidents eligible for senior status before the midterms? Obviously way more nuanced than that.
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Attempting to post this again, the first attempt is pending “moderation”:
Some interesting commentary on the Alaska district court pick. Apparently, they aren’t including Murkowski in these discussions. Really hope that Mary Petola runs against Sullivan, and wins.
https://www.dermotcole.com/reportingfromalaska/2025/10/29/trump-excluded-murkowski-favored-sullivan-with-federal-court-judge-pick
Also, thanks everyone for the great articles you all have been posting recently. I always love hearing information about the judicial nomination process…
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So Senator Murkowski is okay with being a doormat.
What a joke.
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I agree, it is hard to understand. The last judge confirmed to the D. Alaska resigned in disgrace (Joshua Kindred). You would think the two senators from Alaska would have an interest in finding very qualified nominees for the court, but that does not appear to be the case. Sullivan seems more interested in Federalist Society nominees, evidently that is his litmus test. Also, it’s mind boggling that he openly attacked Judge Gleason (the sole serving judge in active status, no doubt carrying a very full caseload). This additional blog post seems to indicate the current nominee isn’t exactly “Head of the Class”, in terms of academic credentials:
https://www.dermotcole.com/reportingfromalaska/2025/11/1/federal-judge-nominee-lists-20-year-old-letter-to-the-editor-as-example-of-his-writing
I also read the National Review article, which so kindly offered a road map/timeline to those Republican circuit court judges, who the author believes should be sending their retirement announcements to the White House – post haste! There is reason they are staying on the courts… the nudnik currently in office has very little respect for the rule of law. I have to imagine that is scaring off the last of the old school conservatives still on the bench from going senior.
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I’ve been more focused on en banc decisions recently, and the Sixth Circuit just released another one focused on freedom of speech/transgender rights/schools: https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0307p-06.pdf. Tinker 146 times throughout.
MURPHY, J., delivered the opinion of the court in which, SUTTON, C.J., and BATCHELDER, GRIFFIN, KETHLEDGE, THAPAR, BUSH, LARSEN, NALBANDIAN, and READLER, JJ., concurred. BATCHELDER, J. (pp. 36–38), KETHLEDGE, J. (pp. 39–45), THAPAR and NALBANDIAN, JJ. (pp. 46–57), and BUSH, J. (pp. 58–83), delivered separate concurring opinions. STRANCH, J. (pp. 84–112), delivered a separate dissenting opinion in which MOORE, CLAY, DAVIS, MATHIS, BLOOMEKATZ, and RITZ, JJ., concurred.
*Pursuant to 6 Cir. I.O.P. 40(g), Composition of the En Banc Court, Judge Batchelder, a senior judge of the
court who sat on the original panel in this case, participated in this decision. Judge Hermandorfer, whose commission date is July 17, 2025, did not participate in this appeal.
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Judge Anne Hwang will preside over the trial of Jonathan Rinkerknecht, who ignited the spark that cause the Pacific Palisades fire. Hwang is a Biden appointee. Republicans are joking that since the judge was appointed by Biden, the perp will try to get a sentence reduction by claiming to be trans.
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I’ve also been more interested in the local D.C. courts since the articles about Trump 2.0 and judicial selections (https://www.politico.com/news/2025/08/21/donald-trump-washington-courts-00516892).
For those interested, three new names added to the Executive Calendar on Wednesday. Guessing they’ll be in the next batch of nominees confirmed en bloc? I believe the first confirmed judge for the D.C. Superior Court was in that first big group.
THE JUDICIARY
Columbia, to be an Associate Judge of the
Superior Court of the District of Columbia for
the term of fifteen years, vice Jonathan H.
Pittman, retired.
Columbia, to be an Associate Judge of the
Superior Court of the District of Columbia for
the term of fifteen years, vice Carol A.
Dalton, retired.
Columbia, to be an Associate Judge of the
Superior Court of the District of Columbia for
the term of fifteen years, vice Wendell P.
Gardner, Jr., retired.
I’m spending much more time on precedent than judges these days, but always happy to chat over email with other commenters interested in the topic.
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Nominating judges for the D.C. courts is different than for Federal judges. The White House has to approve of a nominee from a list provided by the Washington D.C. Nominating Commission. It’s been that was singe 1973.
There has been speculation that the Trump Administration would bypass the commission. That might not be legal. So far that hasn’t happened. All three of the nominees were part of a list from the commission.
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I’m sure Trump nominating whoever he wanted would hold up in court. I highly doubt it’s written anywhere in law that a president must only choose nominees from a commission for local DC judges. I would assume it’s a norm & we all know norms don’t mean anything in a court of law. Of course we wouldn’t be having this conversation had the local DC judges been included in the “deal” so at least Biden could have filed most of the vacancies.
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@Dequan
Here are brief bios of the three nominees, who I don’t think will be controversial.
Stephen Rickard: Magistrate Judge on the D.C. Superior Court since 2022. Was an AUSA from 2009-2022, including Chief of the General Crimes Section and Deputy Chief of the Felony Major Crimes Section.
Elena Sutterberg: AUSA since 2012, currently Special Counsel for the Policy & Legislative Affairs Section. She was previously the AUSA for the section prosecuting domestic violence and child abuse division, which has to be the most difficult job in the department.
John Truong: His parents, Brian and Mae, were asylum seekers from Vietnam known as “boat people.” AUSA since 2005, Deputy Chief of the Civil Division since 2022. He was nominated by the Biden Administration in 2024 but was not acted upon.
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Yup! And one level above: JNC Announces Court of Appeals Vacancies https://www.dcbar.org/news-events/news/jnc-announces-court-of-appeals-vacancies
November 06, 2025
The D.C. Judicial Nomination Commission (JNC) invites qualified individuals to apply for vacancies on the District of Columbia Court of Appeals resulting from the retirement of Judge Kathryn A. Oberly in 2013 and the resignation of Judge Lauren L. AliKhan in 2023. After a previous application process, the U.S. Senate returned the nominations for each of these vacancies, and the president did not nominate any applicants. The deadline to apply for the vacancies is noon on January 15, 2026.
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Tiana Headley at Bloomberg Law was the only one I saw highlighting this nationally (I also saw at least one local story in Mississippi). Interesting update:
Votes on Trump Judge Picks Delayed by Rift Between GOP Senators, https://news.bloomberglaw.com/us-law-week/votes-on-trump-judge-picks-delayed-by-rift-between-gop-senators
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I hope this ends all talk for anybody who thought Padilla was going to leave the senate…
(Sen. Alex Padilla says he won’t run for California governor – Los Angeles Times)
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I was wrong. It was a fever dream for me to believe Padilla would leave the Senate. He’s not that good.
At least we have Adam Schiff.
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You were wrong then when I repeatedly told you Padilla was not leaving the senate & you are wrong now when you say Padilla isn’t good. At least you are right about Adam Schiff is also good.
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I disagree. I think Padilla is a pretty good senator and imo Padilla is the better of the two.
Padilla went to a DHS meeting and questioned Kristi Noem about the ICE raids. Noem had guards drag Padilla out of there. Padilla’s voting pattern is also a bit more liberal than Schiff’s, with Schiff having voted to confirm a few Trump nominees confirmed with <10 Democratic votes.
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I believe that Schiff has a better track record when It comes to opposing Trump. There’s a reason why Trump despises Schiff and we all know why.
The baseball season ended last Sunday. To argue and confront Kristi Noem at speaking engagement I will have to concede came off as a stunt. It’s pointless to argue with people who work for ICE or run the agency itself about how they do their job. It’s arguing balls and strikes which is the first rule that you learn about baseball.
There are instances where people took their complaints to court when some actions by ICE were perceived as heavy handed. That’s where they belong.
Don’t get me wrong what happened to Padilla that day wasn’t right. But, what he did wasn’t right either.
I don’t think Padilla is that good on judges. I was very disappointed when he sought Ana De Alba for the 9th Circuit vacancy(Watford I think).
She had only been a district judge for a few months or maybe less than that. He found someone with a background similar to own. Lot’s of judges who spent several years with crowded dockets passed over.
For those of who live in California, I am sure no one would rank Padilla anywhere near (I know he is new) Harris, Boxer and Feinstein.
Not everyone Trump will nominate will be bad. So, I am not in favor of blind opposition or opposing someone just because you can do it.
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For those who had not seen, news on two Reagan appointees who were on senior status (one passing away, one retiring).
For those curious about the breakdown between assigned cases for the judges (active and senior), the Eastern District of Kentucky just updated now that Judge Meredith has started: https://www.kyed.uscourts.gov/sites/kyed/files/gen25-16.pdf
FJC is on lapse so no updates to when newly confirmed judges have received their commissions. But district courts have been updating their websites.
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A few years ago, I read on some forum about the C.D. Cal. judges claiming that William Duffy Keller was really mean and rude (the commenters claimed to be lawyers litigating in C.D. Cal. and said the same about at least six other current and former judges). Although I don’t know whether these claims are true, I’m not really sad about his passing.
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Thank you for sharing… senior judges are the real heroes of the federal judiciary
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@Mike S. I agree with you and I would delete the comment I made yesterday if I knew how to delete comments. I should not have commented rumors about William Duffy Keller’s demeanor without reliable sources.
That being said, today, Mark L. Wolf released an article blasting Trump. Many judges, especially senior judges, have blasted Trump in legalese, but for Judge Wolf, that wasn’t enough.
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Given the name of this website, I thought Tiana Headley’s latest (I recommend bookmarking for big news) was of interest.
“The Trump administration has narrowed the window between when judicial nominees get publicly announced and when they appear at their confirmation hearings, cutting short the time outside groups have to vet these lifetime appointments.”
https://news.bloomberglaw.com/legal-ethics/trump-changes-how-judicial-nominees-get-publicly-revealed?utm_source=rss&utm_medium=LENW&utm_campaign=0000019a-3bca-d50a-abfa-3bdbd4a70001
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Thanks. That helps explain the timing oddities involved with some of the recent nominations for sure…
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Nominations hearing scheduled for next week. We’ll see if we get any more announcements between now and then. Though we know Senate Rs would be fine holding a hearing with just three judicial nominees from the Crain/Van Hook hearing last month.
https://www.judiciary.senate.gov/committee-activity/hearings/nominations-11-19-2025
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The next senior status update:
08 – MN
Schiltz,Patrick J.
Senior
11/10/2025
07/01/2026
https://www.uscourts.gov/data-news/judicial-vacancies/future-judicial-vacancies
G.W. Bush appointee, and Chief Judge since 2022. The Minnesota Senators worked with Trump 1.0 on two district judges (see also the circuit judge split). Will be interesting to see if they look to fill before the midterm.
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I’m all for Dem senators giving some leeway on district vacancies to secure a more moderate Circuit nominee but they should take some notes from the likes of Ted Cruz who absolutely robbed Biden with that 60 year old nominee for a circuit seat and only gave up 3 district seats.
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The “progressive” wing of the Democratic Party has a serious problem with ageism. The “60 year old” replaced a younger judge who did not want to spend the prime years of his life authoring dissents on a government salary.
There’s no guarantee that a much younger nominee would want to stick around. Paul Watford did the same traded his judgeship for a 7 figure salary .
There will be plenty of opportunities to fix the courts if we focus on the future and not the past.
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Again you are confusing the definition of ageism. Ageism is discriminating based on age. Being a federal judge has an age limit built in as to when they are eligible for senior status even though it is a lifetime appointment. So age is an extremely important variable.
And also you keep bringing up the few examples of judges leaving the bench before they are eligible. You keep using the same examples because there are so few of them. So yes, age matters.
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I wholeheartedly agree…
Dequan, I know you have an “in” with Harsh, and since the website is still up for the foreseeable future… do you think he may be interested in one-time post on the state of judicial nominations a year into the Trump administration? Alternatively, if he declines, would you be interested in writing that post? (assuming Harsh gives the OK)
It would give us an opportunity to have a new post for comments (I think we are well over a thousand at this point). Just a thought!
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Sure, let me ask him
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@Dequan -Let’s not make fabricate excuses. There’s no age limit to be a judge.
It’s a low blow and ageism to punctuate your remarks on someone by posting their age: it’s ugly.
Not even the Repuglicans as screwed up as they are don’t attack their nominees due to age.
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https://www.fjc.gov/history/judges
For those interested, FJC is now updated post-shutdown.
Dates of commissions:
Of the seven district judges, I believe only Judge Mercer has not yet assumed office.
Would love to see something empirical on whether circuits are going en banc more often these days. Way outside of my knowledge area (along with many other things!).
And for those interested, Tiana Headley’s latest update on the North Carolina/Mississippi showdown: you can google GOP Senator Blocks Trump Judge Picks to Get Tribe Recognized (already at my one link limit for posts).
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Thank you for sharing. The article on the MS picks is very interesting and worth the read. Seems like it will resolve itself and Tillis will remove his hold in due time. I am struggling to remember an example where something like this happened in the past:
“Sen. Thom Tillis (R-N.C.) has kept President Donald Trump’s judicial nominees in Mississippi from advancing as he seeks to compel federal recognition for an indigenous group as a tribe in his state.
Tillis, who serves on the Senate Judiciary Committee, continues to hold up the panel’s votes on four Mississippi federal trial court and US attorney nominees as leverage in his negotiations with Sen. Roger Wicker (R-Miss.) around including federal recognition of the Lumbee in the National Defense Authorization Act, a spokesperson for the senator confirmed.
The dispute has been an unusual GOP intra-party disruption to the president’s push to appoint his picks to lifetime judgeships and key prosecutor positions.”
(Also, I did not realize there is a one link per post restriction… good to know!)
I remain grateful that so few circuit court judges have gone senior thus far. I think because Trump is so crazy, and has such little respect for judicial authority, judges will wait him out. OR, if Democrats win back the Senate, they may see that as an opportune time to pack it in…
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On the Democrat side, I remember when Senator Menendez initially refused to back Patty Schwartz for the 3rd Circuit. At first I wasn’t happy with her nomination because she seemed to be a bland nominee but when I saw Menendez didn’t want her, that automatically made me like her more. I didn’t trust him much even back then for some reason. Just my gut.
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Didn’t see anyone post this yet: https://www.reuters.com/legal/government/trump-taps-former-thomas-clerk-transgender-sports-foe-judgeships-2025-11-14/.
Justin Olson to serve as Judge on the United States District Court for the Southern District of Indiana
Megan Benton to serve as Judge on the United States District Court for the Western District of Missouri
Brian Lea to serve as Judge on the U.S. District Court for the Western District of Tennessee
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Just was coming here to post this… This batch seems kookier than the last, especially Olson. Also, Megan Denton is the daughter of Judge Benton on the 8th Circ., who just announced he is going senior.
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I don’t see any openings on the Western District of Missouri though. And only one eligible judge to go senior. Unless Judge Divine is getting a promotion soon?
https://en.wikipedia.org/wiki/United_States_District_Court_for_the_Western_District_of_Missouri
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I wonder if Megan Benton is the daughter if 8th circuit court judge Benton that just announced senior status. If so, we may have a repeat of when Biden nominated the daughter of a EDVA judge to the 7th circuit in his first batch. It happens
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Prior news stories and reporting seem to indicate that. If you Google Megan Benton Duane Benton there are plenty of pieces (e.g., Howell County news one).
Curious how long it’ll take us to find out whether it’s a senior status, resignation, or elevation for the opening. For Judge Divine to be elevated, wouldn’t the announcement have been for the nominee for both the Eastern and Western Districts? The joint appointments honestly confuse me and I need to look into them a bit (I think Oklahoma, Missouri, and Kentucky are the ones I’ve seen).
Oh well. If they can announce another four before Wednesday we may have two panels of 5 for Wednesday’s hearing (time was changed).
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Politico had a great article on the Reagan era judges who are speaking out against Trump:
https://www.politico.com/news/2025/11/14/donald-trump-judges-00652762
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I posted a remark about 15-20 minutes ago and it disappeared. What happened to it?
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Eaten by bears? Censored by MAGA? Under investigation by Blondi?
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So far, Justin Olson seems to have received the most coverage of the three new announcements. You can see a feature on Brian Lea from UGA’s law school highlighting the clerkship he was about to start for Justice Thomas (https://www.law.uga.edu/sites/default/files/news-events/Adv2011%20Headlines.pdf).
And for Megan Benton, Senator Schmitt congratulated on X (haven’t see anything from Senator Hawley yet). Tried finding some tea leaves for whose seat she’s being slotted for. If she’s in the Wednesday hearing, we should know through the Congress(dot)gov website’s PN numbers in the description section, even if we do not get something on the White House website or announced otherwise.
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Per wikipedia M. Douglas Harpool is going senior in w.d. Mo. She’s listed as being nominated for his seat under vacancies.
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Thanks! The editor contributes a lot to federal court pages. Wishing there was a source, but given that the wording was only for the Western District (Judge Divine is also on the Eastern District) and Judge Harpool is the only one eligible to go senior, that probably made it the most likely option.
The mystery for who will get that seat on the Eighth continues!
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@beyondnonjd
My opinion Benton’s replacement will be either Judge Sarah Piltyk or lawyer Erin Hawley.
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