Welcome to the Feb. 21 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.
“I happen temporarily to occupy this big White House. I am living witness that any one of your children may look to come here as my father’s child has.”
– Abraham Lincoln
In commemoration of this past Presidents’ Day, we celebrate and honor the 46 men that have served our country. The third week of SCOTUS’s February sitting is in full swing, dear reader, so let’s gavel in!
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Grants
SCOTUS has not accepted any new cases to its merits docket since our Feb. 6 edition.
Arguments
The Supreme Court will hear arguments for two cases this week. Click here to read more about SCOTUS’ current term.
Feb. 21, 2023
Gonzalez v. Google LLC concerns the liability and immunity of internet service providers and platforms under Section 230(c)(1) of the Communications Decency Act.
- The questions presented: “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?”
Feb. 22, 2023
Twitter, Inc. v. Taamneh concerns internet service providers’ liability under Section 2333 of the Anti-Terrorism Act (ATA) and Section 230 of the Communications Decency Act (1996).
- The questions presented: “1. Whether a defendant that provides generic, widely available services to all its numerous users and ‘regularly’ works to detect and prevent terrorists from using those services knowingly provided substantial assistance under Section 2333 merely because it allegedly could have taken more ‘meaningful’ or ‘aggressive’ action to prevent such use.
“2. Whether a defendant whose generic, widely available services were not used in connection with the specific ‘act of international terrorism’ that injured the plaintiff may be liable for aiding and abetting under Section 2333.”
Opinions
SCOTUS has not issued any opinions in cases argued on the merits since our previous edition.
Upcoming SCOTUS dates
Here are the court’s upcoming dates of interest:
- Feb. 21, 2023: SCOTUS will hear arguments in one case.
- Feb. 22, 2023: SCOTUS will hear arguments in one case.
- Feb. 24, 2023: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.
Federal court action
Nominations
President Joe Biden has announced no new Article III nominees since our Feb. 6 edition.
Since taking office in January 2021, President Joe Biden has nominated 152 individuals to Article III positions. For more information on the president’s judicial nominees, click here.
Committee action
The Senate Judiciary Committee has reported twenty-four new nominees out of committee since our Feb. 6 edition.
- Nancy Gbana Abudu, to the U.S. Court of Appeals for the 11th Circuit
- Rachel Bloomekatz, to the U.S. Court of Appeals for the Sixth Circuit
- Anthony Johnstone, to the U.S. Court of Appeals for the Ninth Circuit
- Julie Rikelman, to the U.S. Court of Appeals for the First Circuit
- Todd E. Edelman, to the U.S. District Court for the District of Columbia
- Robert Ballou, to the U.S. District Court for the Western District of Virginia
- Nusrat Choudhury, to the U.S. District Court for the Eastern District of New York
- Jessica Clarke, to the U.S. District Court for the Southern District of New York
- Kymberly Evanson, to the U.S. District Court for the Western District of Washington
- Gordon Gallagher, to the U.S. District Court for the District of Colorado
- Jonathan Grey, to the U.S. District Court for the Eastern District of Michigan
- Dale Ho, to the U.S. District Court for the Southern District of New York
- Myong Joun, to the U.S. District Court for the District of Massachusetts
- Kenly Kiya Kato, to the U.S. District Court for the Central District of California
- Julia Kobick, to the U.S. District Court for the District of Massachusetts
- Colleen Lawless, to the U.S. District Court for the Central District of Illinois
- Rita Lin, to the U.S. District Court for the Northern District of California
- Natasha Merle, to the U.S. District Court for the Eastern District of New York
- P. Casey Pitts, to the U.S. District Court for the Northern District of California
- Ramon Reyes, Jr., to the U.S. District Court for the Eastern District of New York
- Andrew Schopler, to the U.S. District Court for the Southern District of California
- James Simmons, to the U.S. District Court for the Southern District of California
- Arun Subramanian, to the U.S. District Court for the Southern District of New York
- Hernan D. Vera, to the U.S. District Court for the Central District of California
Confirmations
The Senate has confirmed eight nominees since our Feb. 6 issue.
- DeAndrea Gist Benjamin, to the U.S. Court of Appeals for the Fourth Circuit
- Cindy Chung, to the U.S. Circuit Court for the Third Circuit
- Gina Méndez-Miró, to the U.S. District Court for the District of Puerto Rico
- Lindsay Jenkins, to the U.S. District Court for the Northern District of Illinois
- Matthew Garcia, to the U.S. District Court for the District of New Mexico
- Ana Reyes, to the U.S. District Court for the District of Columbia
- Adrienne Nelson, to the U.S. District Court for the District of Oregon
- Daniel Calabretta, to the U.S. District Court for the Eastern District of California
Comparison of Article III judicial appointments over time by president (1981-Present)
- Presidents have appointed an average of 90 judges through Feb. 1 of their third year in office.
- President Bill Clinton (D) made the most appointments through Feb. 1 of his third year with 128. President Barack Obama (D) made the fewest with 62.
- President Donald Trump (R) made the most appointments through four years with 234. President Ronald Reagan (R) made the fewest through four years with 166.
- President Ronald Reagan (R) made the most appointments through one year in office with 41. President Barack Obama (D) made the fewest with 13.
- President Bill Clinton (D) made the most appointments through two years with 128. President Barack Obama (D) made the fewest with 62.
Vacancies
The federal judiciary currently has 85 vacancies, 83 of which are for lifetime Article III judgeships. As of publication, there were 40 pending nominations.
According to the Administrative Office of U.S. Courts, there are 25 upcoming vacancies, where judges have announced they will leave active status.
Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.
Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.
Or, keep an eye on our list for updates on federal judicial nominations.
Looking ahead
We’ll be back on Feb. 27 with a new edition of Robe & Gavel. Until then, gaveling out!
Contributions
Myj Saintyl compiled and edited this newsletter, with contributions from Samantha Post.
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