What's Happening?
As of November 2026, the federal judiciary has a 3.2% vacancy rate across its 870 active Article III judicial positions, totaling 28 vacancies. This represents a slight increase of 0.1 percentage points from October 2026. All nine seats on the U.S. Supreme
Court are filled, and there are no vacancies among the 179 U.S. Appeals Court positions. The majority of vacancies, 28 positions or 4.2%, are within the 673 U.S. District Court positions. The nine U.S. Court of International Trade positions also have no vacancies. Since the last report, one new judicial vacancy has occurred, which, as an Article III position, requires a presidential nomination and Senate confirmation. There have been no new nominations or confirmations since the previous report. Since January 2025, the Senate has confirmed 56 of President Trump’s Article III judicial nominees, including 45 district court judges, 10 appeals court judges, and one Court of International Trade judge.
Why It's Important?
The current vacancy rate in the federal judiciary, particularly within the U.S. District Courts, can impact the efficiency and workload of the judicial system. While the overall percentage is relatively low, concentrated vacancies in specific districts could lead to case backlogs and delays in legal proceedings, affecting litigants and the administration of justice. The process of filling these lifetime appointments involves both the President and the Senate, making judicial appointments a significant aspect of political power and influence. The number of confirmed judges by President Trump since January 2025 indicates a continued shaping of the federal bench, which can have long-term implications for legal interpretations and policy outcomes across various areas of law. The absence of vacancies in the Supreme Court and Appeals Courts suggests stability at those levels, but district court vacancies remain a point of focus for judicial appointments.
What's Next?
The 28 vacant Article III judicial positions will require nominations from the President and subsequent confirmation by the U.S. Senate. The pace of these nominations and confirmations will depend on the legislative agenda and political dynamics between the executive and legislative branches. Given that one new vacancy occurred since the last report, the President will need to put forward a nominee for this position, along with the existing vacancies. Stakeholders, including legal advocacy groups and political parties, will likely monitor these appointments closely, as they influence the ideological balance and judicial philosophy of the federal courts. Future reports will track any new nominations or confirmations, providing insight into the progress of filling these judicial roles and the ongoing composition of the federal judiciary.
