Circuit Judge Nomination Stalled Since February

Circuit Judge Brian Davis has the distinction of having been nominated to the federal bench by the President of the United States.  Unfortunately for him and for his prospective colleagues on the Middle District of Florida District Court who are awaiting some assistance, Judge Davis has not yet been confirmed by the Senate.  His nomination has been the subject of political wrangling, and so he joins more than 40 other nominees awaiting Senate confirmation to the federal courts.  During his first term, President Obama’s administration has seen 160 judges move successfully through the Senate confirmation process, including two Supreme Court justices — Sonia Sotomayor and Elena Kagan.  There remain, however, 80 federal court vacancies with at least a dozen more vacancies expected to occur before President Obama completes his second term.

The President’s judicial nominations expire at the end of this calendar year.  If the Senate does not confirm the nominees by December 31, some of the nominees may bow out of the process altogether, while the President may re-nominate others.  Anyone interested in clerking for a federal judge, especially second- and third-year law students who did not apply for a clerkship by the day-after-Labor Day deadline this year, should watch very closely these vacancies, the President’s nominations, and the Senate confirmation process.  There is no set application timeline for judges who have just been confirmed to the bench, so applicants may apply for law clerk positions with recently confirmed judges well outside of the OSCAR timeline.  Not that most judges have that much respect for the OSCAR timeline, but that’s a post for another day…


One thought on “Circuit Judge Nomination Stalled Since February

  1. Pingback: No More Policy of ‘No’…for now…for one Senator | Judicial Clerk Review (

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