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CRS INSIGHT U.S. Circuit Court Vacancies: Overview and Comparative Analysis

Barry J. McMillion, Analyst in American National Government. “This Insight provides comparative historical data related to U.S. circuit court vacancies that existed at the beginning of the three most recent presidencies (Obama, George W. Bush, Clinton), as well as the number of vacancies that existed on June 1 of each President’s eighth year in office. Data is also provided for the last day of the George W. Bush and Clinton presidencies (and the percentage change in the number of vacancies from the beginning to the end of each presidency). This Insight also provides a geographic overview of the location of circuit court vacancies that existed on June 1 of President Obama’s eighth year in office, as well the location of vacancies deemed “judicial emergencies” by the Administrative Office of U.S. Courts. As of this writing, Congress has authorized 179 circuit court judgeships. Vacant judgeships typically arise when a judge voluntarily retires, but can also occur as a result of a judge being elevated to the Supreme Court or dying while in office, being impeached or removed from office, or when new judgeships are authorized by Congress.”

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