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CRS   INSIGHT


Current Vacancies on the U.S. Court of Federal Claims:

Overview and Historical Context

October 13, 2016 (IN10592)




Related  Author


     Bar,  J, MrMillion




Barry J. McMillion, Analyst in American National Government (bmcmilioncrs.loc gov. 7-6025)

Over the past several decades, there has been ongoing Senate interest in appointments to the United States Court of
Federal Claims. This Insight provides information related to the number of current vacancies on the court, and how long
these particular vacancies have existed. It also provides, for historical context, similar information for past vacancies on
the court.

The Court of Federal Claims was tablished by Conr in1982, assuming the original jurisdiction of the UIi.CQul
ffClaimsa, which had been in existence since 1855 (and which was abolished in 1982 by the same statute that created
the Court of Federal Claims). The jurisdiction of the Court of Federal Claims includes hearing disputes involving money
claims against the federal government. Typical cases for the court involve disputes concerning tax refunds, federal
contracts. federal takings of orivate property or government employees' pay.

The act of 1982 authorized 16 judgeships for the Court of Federal Claims. The court was also designated by Congress as
being established under Atile If he  .     iion.  Consequently, unlike judges appointed to ILS.circuit or
district court judgeships (under Article 111), judges appointed to the court do not have what amounts to life tenure on the
court. Instead, these judges are appointed for fixed 15-year terms (with the possibility of reappointment for an additional
15 years). The principal seat of the court is in Washington, DC, but the court has the authority, as needed, to hold
proceedings in other locations.

Appointees to the court are nominated by the President and confirmed by the Senate. Since the court's inception in 1982
(not including the service of 15 original appointees who received statutory appointments to the court nor the five
nominations currently pending on the Executive Calendar), there have been a total of 45 nominations to the court. Of
these 45 nominations, 44 (98%) have been approved by the Senate. The sole exception was the nomination of Sarah.L
Wilson by President Clinton on January 3, 2001, approximately two weeks prior to the President leaving office, for a
vacancy that was created on July 10, 2000. Her nomination was subsequently withdrawn by President George W. Bush
on March 19, 2001.


Number  of Current Vacancies

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