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              Congressional
           *.Research Service






U.S. Circuit Court Vacancies at the Beginning

of   New Presidencies: Historical Overview and

Analysis



March   5, 2025

This Insight provides a historical overview and analysis of U.S. circuit court vacancies that existed at the
beginning of each new presidency since 1993. This period includes the first year of the Clinton, George
W. Bush, Obama, and Biden presidencies, as well as the first year of each of President Trump's
nonconsecutive terms in office.
Presidential appointments to U.S. circuit courts are particularly consequential because, with the exception
of the relatively small number of cases for which the Supreme Court grants certiorari, decisions by circuit
courts represent the final word for tens of thousands of cases each year.
Additionally, while Congress has authorized 673 district court judgeships, there are relatively fewer
circuit court judgeships. Altogether, Congress has authorized 179 suchjudgeships (167 for the regional
courts of appeals and 12 for the U.S. Court of Appeals for the Federal Circuit). Given that there are nearly
four times as many district court judgeships as circuit court judgeships, there tend to be fewer
opportunities for a President to make circuit court appointments. Consequently, the number of circuit
court vacancies inherited by a President when he assumes office influences the overall number of
appointment opportunities he has during his presidency, especially during his first year in office.

U.S.  Circuit  Court   Vacancies   at the  Beginning of New Presidencies (1993-
2025)

Figure 1 provides information related to the number and geographic location of circuit court vacancies
that existed on January 20 at the beginning of each new presidency from 1993 to 2025. During this
period, there were, on average, approximately 13 circuit court vacancies at the beginning of a new
presidency (with a median of 15 vacancies).





                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   IN12518

CRS INSIGHT
Prepared for Members and
Committees of Congress

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