Federal Judicial Vacancies at 13.1%

Stay in the know this week: No Images? [Click here]( [Ballotpedia: The Encyclopedia of American Politics]( The week in review: February 25 - March 3 What's on tap next week: March 4 - March 10 What's on tap? Ballotpedia’s latest judicial [Federal Vacancy Count](. The vacancy warning level remained at [yellow]( this month after eight new vacancies were announced. The total vacancy percentage was 13.1 percent, and there were 129 vacancies out of 985 positions, including 115 vacancies in positions where a confirmed nominee is eligible to serve a life term. [Read on: The Federal Vacancy Count]( The Week in Review Saturday, February 25 President Trump declines to attend White House Correspondents’ Association annual dinner - President [Donald Trump]( announced via Twitter that he would not attend the White House Correspondents’ Association dinner in April. The annual event has previously been [missed by three other presidents](. [Richard Nixon]( and [Jimmy Carter]( both skipped the event twice and [Ronald Reagan]( did not attend in 1981 while recovering from an assassination attempt. In [an interview]( on Tuesday morning, Trump explained his reasoning: “I believe a lot of the stories are pure fiction, they just pull it out of air. I just thought, in light of the fact of fake news and all of the other things we’re talking about now—I thought it would be inappropriate.” Monday, February 27 DoJ Rescinds Intent Claim in Texas Voter ID Case - The Justice Department [requested]( a federal district court dismiss its claim—brought under the [Obama administration](—alleging that the [Texas state legislature]( discriminated against minority voters when it enacted a 2011 voter identification law requiring a government-issued photo identification be presented to vote. The department said in its court filing that it wanted to give the state legislature the opportunity to enact a new law. - See also: [Federal policy on voting rights, 2017-2020]( Wilbur Ross confirmed for Secretary of Commerce - [Wilbur Ross]( was [confirmed]( as the [U.S. Secretary of the Commerce]( in a 72-27 vote by the Senate. Ross was nominated to the position by President [Donald Trump]( in November 2016. Ross previously served on the U.S.-Russia Investment Fund Board under President [Bill Clinton](. SCOTUS continued its February sitting - The U.S. Supreme Court continued its February sitting with arguments in two cases: - In [Packingham v. North Carolina](, the court heard arguments over whether a [North Carolina]( [statute]( prohibiting registered sex offenders from accessing commercial social networking websites violated the [First Amendment](. - In [Esquivel-Santana v. Sessions](, the court heard arguments over whether a conviction for unlawful sexual intercourse with a minor under California law constituted an aggravated felony under U.S. immigration law sufficient to remove the offender from the United States. - For more, see [Supreme Court cases, October term 2016-2017]( Trump administration releases budget blueprint - Office of Management and Budget Director [Mick Mulvaney]( [said]( that President [Donald Trump’s]( first budget proposal would increase defense spending to $603 billion and decrease non-defense discretionary spending to $462 billion. The budget blueprint provides federal agencies with suggested levels of spending and possible cuts to make in their budgets. Mulvaney said that the administration will send a budget proposal to Congress by March 16 and have a final budget completed in May. The State Department and Environmental Protection Agency are facing some of the largest spending cuts of [37 percent]( and [24 percent](, respectively. - While speaking to the National Governors Association, Trump [said]( that his budget increases spending on defense and law enforcement. He added, “We’re going to do more with less and make the government lean and accountable to the people. We can do so much more with the money we spend. With $20 trillion in debt -- can you imagine that -- the government must learn to tighten its belt, something families all across the country have had to learn to do, unfortunately. But they've had to learn to do it, and they’ve done it well.” - Senate Minority Leader [Chuck Schumer]( (D-N.Y.) criticized the budget in a statement, [saying](, “It is clear from this budget blueprint that President Trump fully intends to break his promises to working families by taking a meat ax to programs that benefit the middle-class. A cut this steep almost certainly means cuts to agencies that protect consumers from Wall Street excess and protect clean air and water. Most Americans didn’t vote to ease up on polluters, or to give Wall Street the green light to rip them off. They certainly didn’t vote to make all these cuts so that President Trump can hand out a tax break to the wealthiest Americans. This budget proposal is a reflection of exactly who this President is and what today’s Republican Party believes in: helping the wealthy and special interests while putting further burdens on the middle class and those struggling to get there.” VERBATIM FACT CHECK [Did federal debt fall over President Trump's first month in office?]( On February 25, President Donald Trump tweeted "The media has not reported that the National Debt in my first month went down by $12 billion vs a $200 billion increase in Obama first mo. [sic]". [Verbatim looked into the numbers]( and found total debt fell $11.988 billion over Trump's first month in office, and grew $211.811 billion over former President Obama's first month. Total debt is approaching $20 trillion, and relatively small month-to-month fluctuations are common. Tuesday, February 28 President Trump delivers first address to joint session of Congress - President [Donald Trump]( gave his [first address]( to a joint session of Congress, broadly covering a variety of domestic policy issues, including [healthcare](, [immigration](, and [trade](. - Trump called on Congress to [repeal and replace]( the [Affordable Care Act](. “Mandating every American to buy government-approved health insurance was never the right solution for America. The way to make health insurance available to everyone is to lower the cost of health insurance, and that is what we will do,” he said. - He also proposed investing $1 trillion to improve [infrastructure]( and [create jobs](, saying, “To launch our national rebuilding, I will be asking the Congress to approve legislation that produces a $1 trillion investment in the infrastructure of the United States — financed through both public and private capital — creating millions of new jobs. This effort will be guided by two core principles: Buy American, and hire American.” - Trump named [education]( a civil rights issue, and continued, “I am calling upon Members of both parties to pass an education bill that funds school choice for disadvantaged youth, including millions of African-American and Latino children. These families should be free to choose the public, private, charter, magnet, religious or home school that is right for them.” - Discussing national security, Trump also indicated that his administration would soon unveil new [vetting procedures]( for immigrants. “It is not compassionate, but reckless, to allow uncontrolled entry from places where proper vetting cannot occur. Those given the high honor of admission to the United States should support this country and love its people and its values. We cannot allow a beachhead of terrorism to form inside America — we cannot allow our nation to become a sanctuary for extremists,” he said. - Read more about how Trump’s address compared to his campaign platform in Wednesday’s [edition]( of You’re Hired. President Trump discusses immigration policy - President [Donald Trump]( [discussed]( his vision for a new [immigration]( bill, telling reporters at the White House that he wanted to permit some individuals residing in the U.S. illegally to remain in the country, working and paying taxes. The bill would not include a path to citizenship, although Trump indicated there could be an exception for children brought illegally into the country. "The time is right for an immigration bill as long as there is compromise on both sides," he said. Trump signs executive order to rewrite Waters of the United States rule - President [Donald Trump]( signed an executive order directing the [Environmental Protection Agency]( (EPA) and the U.S. Army Corps of Engineers to reconsider and rewrite the [Waters of the United States rule](, which was finalized in 2015 and aimed at clarifying which bodies of water fall under federal jurisdiction under the [Clean Water Act](. The rule would require private individuals, groups, or businesses whose activities could affect these waters to apply for a federal permit. In 2015, the [United States Court of Appeals for the Sixth Circuit]( temporarily blocked the rule from going into effect so it could deliberate whether the rule is permissible under federal law. The [executive order]( argues that the rule goes beyond the agencies' statutory authority and should be rewritten to limit the government's jurisdiction to permanent, standing, or continuously flowing bodies of water. Trump campaigned in 2016 on reversing several environmental regulations, including the Waters of the United States rule. - Proponents of the rule argue that the rule is necessary to clarify which bodies of water fall under federal jurisdiction in order to limit potential pollutant discharges in areas affected by developmental activities. - Opponents of the rule argue that it is an unnecessary expansion of federal regulation that would negatively affect private individuals and businesses and would produce few to no environmental benefits. SCOTUS heard arguments over sentencing discretion - The U.S. Supreme Court heard arguments in [Dean v. United States](. In this case, the court considered if federal district judges in the Eighth Circuit are impermissibly limited in exercising sentencing discretion for certain federal crimes by an [Eighth Circuit]( precedent, United States v. Hatcher. After a conviction on multiple federal charges, including two counts of violating [18 U.S.C. §924](, Levon Dean, Jr., petitioned a sentencing judge to sentence him below the 84-105 months' recommended imprisonment under federal sentencing guidelines for his non-§924 charges because the §924 charges carried a mandatory 30-year sentence. At sentencing, the district court indicated that there was no room for modification based on United States v. Hatcher, which required the court to consider his other convictions separately from Dean’s §924 charges. The Eighth Circuit affirmed Dean’s sentence on appeal, rejecting Dean’s claim that the district court had discretion under federal sentencing guidelines to impose only a one-day sentence for his other felonies. Before the Supreme Court, Dean argued the Eighth Circuit’s restrictions on judicial discretion imposed by Hatcher violated both the intent of Congress in passing the guidelines and a 2011 precedent of the U.S. Supreme Court, Pepper v. United States, in which the court held that a district court may consider evidence of the defendant's rehabilitation and that evidence may, in appropriate cases, support a downward variance from the sentencing guidelines. Three federal judges elect to take senior status - Three federal judges elected to take [senior status]( beginning on Tuesday. The decision of these judges to take senior status created Article III vacancies on those courts. To enter into an [Article III position](, a judge must be nominated by the president. Nominations are then subject to the advice and consent of the [U.S. Senate](. There are currently 129 [federal judicial vacancies]( on federal courts tracked by Ballotpedia. The judges who elected to take senior status are: - [Danny Boggs](, [United States Court of Appeals for the Sixth Circuit]( - [Eric Vitaliano](, [United States District Court for the Eastern District of New York]( - [William T. Moore, Jr.](, [United States District Court for the Southern District of Georgia]( Wednesday, March 1 Ryan Zinke confirmed as Secretary of the Interior - The [U.S. Senate]( confirmed [Ryan Zinke]( (R) as [U.S. Secretary of the Interior]( by a [vote]( of 68 to 31. All Republicans and 16 Democrats to confirm Zinke. He is a former Republican member of the [U.S. House of Representatives](, representing Montana's At-Large District from 2015 to 2017. As secretary, Zinke will oversee [federal land policy,]( [energy production on federal land](, and all [national parks](. In January, Zinke said his focuses as Interior Secretary would include local, state, and federal government relations and maintenance projects at U.S. national parks. Zinke stated at his confirmation hearing that he opposes transferring ownership of federal lands from the federal government to the states. - See also: [Verbatim fact check: Has Ryan Zinke advocated for state control of energy development on federal lands?]( Special election date set in Montana - Following Rep. [Ryan Zinke](’s (R) confirmation as [U.S. Secretary of the Interior](, Gov. [Steve Bullock]( set the date for the [special election to replace Zinke](. The election will take place on May 25, 2017. Primary elections will not be held in the race. Instead, party leaders will choose the nominees at conventions. The Democratic nominating convention is scheduled for Sunday, March 5, 2017, and the Republican convention will occur on the following day, March 6. [Montana’s At-Large Congressional District]( is a safe Republican district. However, this will be one of the first federal elections to take place during the Trump administration and will be used as a metric to gauge initial voter response to the administration. SCOTUS hears arguments on insurance laws in Missouri - The U.S. Supreme Court heard arguments in [Coventry Health Care of Missouri v. Nevils](. In this case, the court considered whether state laws that prohibit insurance companies from claiming the proceeds of personal injury settlements pursuant to their contracts were preempted by a federal law, the Federal Employees Health Benefits Act (FEHBA). The case came on appeal from a judgment of the [Missouri Supreme Court](. Thursday, March 2 Attorney General Sessions recuses himself from investigations related to Trump campaign - The Washington Post [reported]( on Wednesday night that Attorney General [Jeff Sessions]( met twice with Russian Ambassador Sergey Kislyak in 2016—once in Washington, D.C., and once at the [Republican National Convention](—which he did not disclose during his confirmation hearing when asked what he would do if it was determined that members of the Trump campaign had communicated with Russia. He said at the hearing, "I have been called a surrogate at a time or two in that campaign, and I did not have communications with the Russians, and I'm unable to comment on it." - A spokesperson for Sessions [said]( that he took the meetings as a senator and a member of the Armed Services Committee, adding, "There was absolutely nothing misleading about his answer." White House press secretary [Sean Spicer]( [said]( that Sessions should not recuse himself. “He was 100 percent straight with the committee and I think that people [who] are choosing to play partisan politics with this should be ashamed of themselves,” Spicer said. - [House Oversight Committee]( chair [Jason Chaffetz]( (R-Utah) and Sens. [Lindsey Graham]( (R-N.C.) and [Rob Portman]( (R-Ohio) [have said]( that Sessions should recuse himself. - House Minority Leader [Nancy Pelosi]( (D-Calif.) accused Sessions of lying under oath in a [statement]( on Wednesday night. “Sessions is not fit to serve as the top law enforcement officer of our country and must resign. There must be an independent, bipartisan, outside commission to investigate the Trump political, personal and financial connections to the Russians,” she said. - In a press conference on Thursday morning, Senate Minority Leader [Chuck Schumer]( (D-N.Y.) [called]( on Sessions to resign. "There cannot be even the scintilla of doubt about the impartiality and fairness of the attorney general, the top law enforcement official of the land," Schumer said. He added that Deputy Attorney General Dana Boente or Congress should use their power to name an independent prosecutor to investigate Russia's actions during the 2016 presidential election. - On Thursday afternoon, Sessions [recused]( himself from any investigations related to the Trump campaign following consultation with his staff. “They said that since I had involvement with the campaign, I should not be involved in any campaign investigation. I have studied the rules and considered their comments and evaluation. I believe those recommendations are right and just,” Sessions said in a press conference. He denied, however, discussing the Trump campaign with Russian operatives or intermediaries. - See also: [Federal policy on Russia, 2017-2020]( Ben Carson confirmed as U.S. Secretary of Housing and Urban Development - [Ben Carson]( was confirmed as [U.S. Secretary of Housing and Urban Development]( by a Senate vote of [58-41](. He was initially voted out of committee on January 24, and earlier this week, the Senate voted to end debate on his nomination and hold a confirmation vote. The Department of Housing and Urban Development has a budget of about $47 billion and is “responsible for programs concerned with the Nation's housing needs, fair housing opportunities, and improvement and development of the Nation's communities,” according to the [Federal Register](. - See also: [Confirmation process overview for Donald Trump’s Cabinet nominees]( Rick Perry confirmed as U.S. Secretary of Energy - [Rick Perry]( was confirmed as [U.S. Secretary of Energy]( by a Senate vote of [62-37](. He was initially voted out of committee on January 31, 2017. All Republicans and 11 Democrats voted to confirm Perry. Perry is the former governor of [Texas]( and was a Republican presidential candidate in 2012 and 2016. During his 2012 campaign, Perry said he wanted to abolish the Department of Energy; at his January 2017 confirmation hearing, Perry said that his 2012 statement does not reflect his current views. The U.S. Department of Energy is responsible for maintaining the nuclear weapons stockpile, naval reactor programs, energy emergency preparedness efforts, and science and technology research. - See also: [Confirmation process overview for Donald Trump’s Cabinet nominees]( VERBATIM FACT CHECK [Did Harry Reid make it easier to confirm President Trump's Cabinet and Supreme Court nominees?]( On February 23, Sen. Ted Cruz said the 2013 Senate rule change sponsored by Senate Majority Leader Harry Reid that lowered the number of votes needed to confirm a presidential nominee allowed three of President Trump's cabinet nominees to be approved with fewer than 60 votes, and it might also be used to facilitate the confirmation of Supreme Court nominee Neil Gorsuch. Cruz is correct that the change allowed Jeff Sessions, Scott Pruitt, Betsy DeVos, and three others to be confirmed. But Cruz is incorrect about Gorsuch's confirmation. The rule change does not apply to the confirmation of a nominee to the U.S. Supreme Court. The U.S. Senate will be in session Monday-Friday. The U.S. House will be in session Tuesday-Friday. The Supreme Court is between argument sessions. The court will continue to issue orders throughout the session break and will next hear arguments on Monday, March 20. What's On Tap Next Week Sunday, March 5 Montana Democrats to hold nominating convention - The Montana Democratic Party will hold a nominating convention to decide who will compete in the [special election]( to replace Rep. [Ryan Zinke]( (R), who was confirmed as [U.S. Secretary of the Interior]( on March 1. Eight Democratic candidates are currently in the race, the most well-known among them including state reps. [Amanda Curtis]( and [Kelly McCarthy]( and musician [Rob Quist](. The chosen nominee will face the Republican and Libertarian nominees in the general election on May 25, 2017. Monday, March 6 Montana Republicans to hold nominating convention - The Montana Republican Party will hold a nominating convention to decide who will compete in the [special election]( to replace Rep. [Ryan Zinke]( (R), who was confirmed as [U.S. Secretary of the Interior]( on March 1. Seven Republican candidates are currently in the race: state Sen. [Ed Buttrey](, 2016 gubernatorial candidate [Greg Gianforte](, state Rep. [Carl Glimm](, businessman [Eugene Graf](, former state Sen. [Ken Miller](, former candidate [Drew Turiano](, and former state Sen. [Edward Walker](. The winner of the nomination will face the Democratic and Libertarian nominees in the general election on May 25, 2017. Where was the president last week? After giving his first speech to a Joint Session of Congress, President [Donald Trump]( had a lunch with Senate and House leadership on Wednesday in the White House. On Thursday, Trump traveled to Langley Air Force Base in Hampton, VA. Federal Judiciary - 129 total federal judicial vacancies - 1 pending nomination - 12 future vacancies [Donate Securely Online]( The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) non-profit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns. 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