Federal judge retirements surge, next president to remake courts

The next president won’t just have a chance to pack the U.S. Supreme Court, but also lower circuit and district courts as judges take retirement at a record rate.


At a rate of more than one a week, federal circuit and district judges are quitting full-time work and going on “senior status,” which creates a bench vacancy but keeps them on the payroll to help with backlogs.


Retirements usually increase at the end of a two-term presidency, which gives the next president a chance to put a stamp on the courts.


According to a new analysis, the number of judges taking “senior status” in the last year has surged more than at any time over the past three decades. The Brookings Institution said that 56 district and circuit judges have left this year, compared with 38 in former President George W. Bush’s last year, and at least eight more have signaled their plans to semi-retire.

With the Senate expected to confirm few judges during the next four months as they block confirming President Obama’s Supreme Court pick, the next president will be given a chance to remake the court system by filling 115 lower court vacancies, 14 percent of all district and circuit judgeships, Brookings said.

According to court analysts, the judges the next president will appoint will remake the court for the coming 40 years, including the Supreme Court.

Paul Bedard, the Washington Examiner’s “Washington Secrets” columnist, can be contacted at [email protected]

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