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               Researh Sevice





U.S. District Court Vacancies at the End of a

President's Fourth Calendar Year in Office



July 6, 2020
This Insight provides, from the Reagan presidency to the Obama presidency, comparative historical data
related to U S. district court vacancies and norninations that existed at the end of a President's fourth
calendar year in office. Specifically, the data provided reflect district court vacancies that existed on
January 1 after a President's fourth calendar year in office (as well as any nominations for these same
vac anc ies that w ere returned by the Senate at or near the end of a President's fourth year in office).
The specific dates for which vacancies are reported include January 1, 1985 (for the end of President
Reagan's fourth calendar year in office); January 1, 1993 (George It NM Bush presidency); January 1,
1997 (Clinton presidency); January 1, 2005 (George W. Bush presidency); and January 1, 2013 (Obama
presidency).
The data discussed in the text below do not include vacancies that were created as the result of new
district court judgeships authorized by Congress (and that, after being created, were never filled by a
nominee prior to January 1 after a President's fourth year in office). First, this type of vacancy was
relatively rare in recent decades and not common during the three most recent presidencies included in the
analysis-for example, there were two such vacancies on January 1 following the fourth calendar years of
the Clinton presidency and one on January 1 following each of President George W. Bush's and Obama's
fourth year in office. Additionally, legislation creating new judgeships has, on at least one occasion,
specified that some vacancies as a result of new judgeships could not be filled until after the beginning of
a new presidential term (see, for example, §202(c) of P.L. 98-353 that applied to new judgeships created
in July of 1984 during the first term of the Reagan presidency).
While vacancies that existed as a result of newly authorized judgeships are not included in the statistics
discussed in the text below, both Figures 1 and 2 list the number of such vacancies that existed on
January 1 after a President's fourth calendar year in office.
Additionally, the number of district court judgeships authorized by Congress during this period ranged
from 571 to 673-consequently, the numbers reported below do not reflect the percentage of vacant
judgeships.




                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                      INI 1449

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