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.
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.
Republicans have benefited significantly more than Democrats since circuit court blue slips ditched in 2017.
Tension in the 119th? Knowing how much more they can do if they can ditch district court blue slips while realizing they don't have the votes.
www.nytimes.com/2026/01/11/u...
Tension in the 119th? Knowing how much more they can do if they can ditch district court blue slips while realizing they don't have the votes.
www.nytimes.com/2026/01/11/u...
Trump’s ‘Superstar’ Appellate Judges Have Voted 133 to 12 in His Favor
www.nytimes.com
January 11, 2026 at 11:57 PM
Republicans have benefited significantly more than Democrats since circuit court blue slips ditched in 2017.
Tension in the 119th? Knowing how much more they can do if they can ditch district court blue slips while realizing they don't have the votes.
www.nytimes.com/2026/01/11/u...
Tension in the 119th? Knowing how much more they can do if they can ditch district court blue slips while realizing they don't have the votes.
www.nytimes.com/2026/01/11/u...
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/
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...
Familiar last names and the Eighth Circuit, Part II? If so, maybe see if CCA8 Judge Bobby Shepherd is the next to go senior?
shepfirm.com/attorney/joh...
shepfirm.com/attorney/joh...
John Thomas Shepherd – Matthew J. Shepherd, P.A.
shepfirm.com
January 7, 2026 at 2:42 AM
Familiar last names and the Eighth Circuit, Part II? If so, maybe see if CCA8 Judge Bobby Shepherd is the next to go senior?
shepfirm.com/attorney/joh...
shepfirm.com/attorney/joh...
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.
And for those curious about the many paths after serving as an Article III judge:
judicialstudies.duke.edu/2025/06/judg...
judicialstudies.duke.edu/2025/06/judg...
January 6, 2026 at 2:01 AM
And for those curious about the many paths after serving as an Article III judge:
judicialstudies.duke.edu/2025/06/judg...
judicialstudies.duke.edu/2025/06/judg...
All the Article III nominees from 2025 except John Guard are listed in this batch. Alongside U.S. Attorney/DOJ nominees.
www.whitehouse.gov/presidential...
www.whitehouse.gov/presidential...
Nominations Sent to the Senate
Andrew Benson, of Maine, to be United States Attorney for the District of Maine for the term of four years, vice Darcie N. McElwee. Megan Blair Benton, of
www.whitehouse.gov
January 6, 2026 at 12:06 AM
All the Article III nominees from 2025 except John Guard are listed in this batch. Alongside U.S. Attorney/DOJ nominees.
www.whitehouse.gov/presidential...
www.whitehouse.gov/presidential...
By my count, the only Senators to not miss a roll call vote in 2025 were Collins and Moreno (and Husted from once he was sworn in and started).
After one vote, already down to 85 for 2026.
After one vote, already down to 85 for 2026.
By a vote of 50-35, the #Senate confirmed Keith Bass to be an Assistant Secretary of Defense.
GOP Senator Collins voted against.
GOP Senator Collins voted against.
January 5, 2026 at 11:48 PM
By my count, the only Senators to not miss a roll call vote in 2025 were Collins and Moreno (and Husted from once he was sworn in and started).
After one vote, already down to 85 for 2026.
After one vote, already down to 85 for 2026.
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
John Guard to the M.D. Fla. or the SCOFla? He's one of the 6 remaining contenders for the SSC seat.
www.flgov.com/eog/sites/de...
www.flgov.com/eog/sites/de...
www.flgov.com
December 31, 2025 at 1:22 AM
John Guard to the M.D. Fla. or the SCOFla? He's one of the 6 remaining contenders for the SSC seat.
www.flgov.com/eog/sites/de...
www.flgov.com/eog/sites/de...
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.