Article III Judicial confirmations will resume next week, after a full 84 day hiatus

Politics
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COVID-19 has been an absolute godsend to the Democratic Party in one critical aspect. It has stopped Article III Judicial confirmations dead for fully 84 days.

Now while the Senate likely would have been on break some of those weeks and on legislative business other of those weeks, they clearly have lost a significant amount of time that cannot be made up.

In numbers, I estimate 20 to 25 confirmations have been lost from Trump’s potential first (only?) term total.

Most likely, Article I courts will suffer as Republicans concentrate on Article III vacancies.

Currently, 193 Article III Judicial nominations have been confirmed, 2 to the Supreme Court, 51 to the Court of Appeals, 138 to the District Courts and 2 to the Trade Court.

16 Judges have been confirmed to various Article I Courts (excluding the District of Columbia Judiciary). 1 Judge has been confirmed to an Article IV Territorial Court.

10 Judges have been confirmed to the District of Columbia Judiciary, 9 to the Superior Court and 1 to the District of Columbia Court of Appeals.

Here is the order for the 4 judicial nominations (and one executive branch nomination) to be considered next week:

UNANIMOUS CONSENT AGREEMENT

Scott H. Rash (Cal. No. 564)
James E. Trainor III (Cal. No. 640)
Anna M. Manasco (Cal. No. 600)
John F. Heil III (Cal. No. 601)
John Leonard Badalamenti (Cal. No. 602)

Ordered, That following Leader remarks on Monday, May 18 2020, the Senate proceed to executive session and resume consideration of the nomination of Scott H. Rash, of Arizona, to be United States District Judge for the District of Arizona.

Ordered further, That at 5:30 p.m., notwithstanding the provisions of Rule XXII, the cloture vote on the Rash nomination occur.

Ordered further, That with respect to the motions to invoke cloture on the following nominations, the mandatory quorum calls required under Rule XXII be waived

Scott H. Rash, of Arizona, to be United States District Judge for the District of Arizona;

James E. Trainor III, of Texas, to be a Member of the Federal Election Commission for a term expiring April 30, 2023;

Anna M. Manasco, of Alabama, to be United States District Judge for the Northern District of Alabama;

John F. Heil III, of Oklahoma, to be United States District Judge for the Northern, Eastern and Western Districts of Oklahoma; and

John Leonard Badalamenti, of Florida, to be United States District Judge for the Middle District of Florida.

(May 14, 2020.)

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Any bad picks?

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From a qualification point of view, all his recent picks have been quality, no duds recently.

From a judicial philosophy point of view, they run the gamut. While most are what conservatives expect, obviously deals must be made in States where Democrats hold one or both Senate seats and so obviously some of those deals including nominees preferred by the Democratic Senators.

The four Judges being confirmed this week are all favorable to conservatives.

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Thanks. I looked up the one from Texas and from Alabama.

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Scott H. Rash confirmed by a vote of 74 to 20 today, cloture having been invoked by a vote of 67 to 21 yesterday.

The next nominee, Trainor, is executive branch.

Rash was the 139th District Judge confirmed and the 194th Article III Judge confirmed under Trump.

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Manasco and Heil were confirmed this week. Badalamenti will be confirmed on June 1st.

Counting Manasco and Heil, Trump’s Article III total is now 196 and his District Judge total is now 141.

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Badalamenti was confirmed yesterday.

Trump’s Article III total is now 197 and his District Judge total is now 142.

The nomination of Drew Tipton to be District Judge for the Southern District of Texas will be confirmed this week.

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Tipton confirmed, so Article III total is now 198 and District Judge total is now 143.

Almost at that 200 plateau.

On the other hand, the party is almost over. Trump may get another 40 Article III Judges confirmed during this Presidential term, but only 2 of those will be Circuit Judges, the rest would be District Judges.

Even if Trump wins reelection, which obviously is a tossup at this point, the odds favor a Democratic Senate. A Democratic Senate that will likely all but shut down judicial confirmations if Trump is reelected. A Senate that will likely confirm no Supreme Court Justices, no Circuit Judges and perhaps a tiny smattering of District Judges.

So Republicans better ram Judges through the Senate like there is no tomorrow, because for them, there almost certainly IS no tomorrow.

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Justin Walker will be confirmed to the DC Circuit tomorrow, Article III Judge #199 for Trump and Circuit Judge #52.

Cloture was invoked earlier today:

2:57 p.m. By a vote of 52 to 46, the Senate invoked cloture on the Walker nomination. YEAs were all Republicans. NAYs were all Democrats and independents present, and Republican Collins. Not voting were Markey and Murray.

Collins broke with Republicans and voted NO on this extremely controversial pick. I am frankly not entirely happy with the pick. Walker is a bright individual, but lacking in judicial experience and his temperament is questionable. Unfortunately, the pressure is on to appoint the youngest possible people to the courts and the result is that people are being appointed about 5 to 10 years before they are really and truly ready to be appointed.

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2:22 p.m. Senator McConnell filed cloture on the nomination of Cory Wilson to be a Circuit Judge for the Fifth Circuit.

2:21 p.m. The nomination of Justin Walker was confirmed by a vote of 51-42. Republicans voting no: Collins. Not voting: Manchin, Markey, Murray, Rosen, Sanders, Sinema and Sullivan.

Walker confirmed with Collins voting no.

And #200 (Circuit Judge #53) is on deck.

Cloture vote on Cory Wilson is set for 5:30 pm on Monday. Could see a final confirmation vote either very late on Tuesday or early on Wednesday.