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    113th Congress

    Topic: Federal Vacancy Warning System

     From Ballotpedia - Reading time: 5 min

    Overview[edit]

    The 113th Congress lasted from January 3, 2013, until January 3, 2015, and coincided with the first two years of President Barack Obama's second term. During this Congress, the United States Senate confirmed 22 Circuit Court nominees and 110 District Court nominees.[1] The largest change in the federal judiciary occurred after the change in the filibuster rules. After the change, the number of vacancies quickly declined from 93 vacancies in November 2013 to under 60 in June 2014.

    Partisan balance[edit]

    Senate Partisan Balance
    Party 113th Congress
    Democratic 53
    Republican 45
    Independent 2
    Total 100

    Notable news[edit]

    Filibuster changes[edit]

    Late in 2013, the Senate changed the number of votes needed to reach cloture, or to end debate on a nominee, on United States court of appeals and United States district court nominees. The change, known as the Nuclear Option, lowered the number of votes needed to move the nomination past the debate portion of the process from 60 to 50. This allowed the then Democratic-controlled Senate to rapidly move nominees through the confirmation process without the aid of any Republican senators.[2]

    For more on the filibuster reform see the Federal Courts, Empty Benches: The Wednesday Vacancy Count 11/27/2013 and "Nuclear option" invoked by U.S. Senate.

    President Obama's nominees[edit]

    To see a full list of President Obama's judicial nominees, see Federal judges nominated by Barack Obama.

    Variation in vacancies from week to week[edit]

    Date Change from last week Appellate and Supreme Court Vacancies ( percent of Posts) District Court Vacancies ( percent of Posts) Total Vacancies ( percent of Posts)
    1/9/2013 -3 = -3 change 17 (9.5%) 64 (9.4%) 81 (9.3%)
    1/16/2013 -1 = -1 change 17 (9.5%) 65 (9.6%) 82 (9.4%)
    1/23/2013 0 change 17 (9.5%) 65 (9.6%) 82 (9.4%)
    1/30/2013 -2 = -2 change 17 (9.5%) 67 (9.8%) 84 (9.7%)
    2/6/2013 -3 = -3 change 18 (10%) 69 (10.1%) 87 (10%)
    2/13/2013 -1 = -1 change 19 (10.6%) 69 (10.1%) 88 (10.1%)
    2/20/2013 +1 = +1 change 18 (10%) 69 (10.1%) 87 (10%)
    2/27/2013 +1 = +1 change 17 (9.5%) 69 (10.1%) 86 (9.9%)
    3/6/2013 +2 and -1 = +1 change 17 (9.5%) 68 (10%) 85 (9.8%)
    3/13/2013 +2 = +2 change 16 (8.9%) 67 (9.9%) 83 (9.6%)
    3/20/2013 -1 = -1 change 16 (8.9%) 68 (10%) 84 (9.7%)
    3/27/2013 +3 = +3 change 16 (8.9%) 65 (9.6%) 81 (9.3%)
    4/3/2013 -3 = -3 change 17 (9.5%) 67 (9.9%) 84 (9.7%)
    4/10/2013 +1 = +1 change 16 (8.9%) 67 (9.9%) 83 (9.6%)
    4/17/2013 +1 = +1 change 16 (8.9%) 66 (9.7%) 82 (9.4%)
    4/24/2013 +2 = +2 change 16 (8.9%) 64 (9.4%) 80 (9.2%)
    5/1/2013 +1 and -3= -2 change 16 (8.9%) 66 (9.7%) 82 (9.4%)
    5/8/2013 -2= -2 change 16 (8.9%) 68 (10%) 84 (9.7%)
    5/15/2013 +2 =+2 change 16 (8.9%) 66 (9.7%) 82 (9.4%)
    5/22/2013 +3 =+3 change 16 (8.9%) 63 (9.3%) 79 (9.1%)
    5/29/2013 +1 =+1 change 15 (8.4%) 63 (9.3%) 78 (9%)
    6/5/2013 -2 =-2 change 16 (8.9%) 64 (9.4%) 80 (9.2%)
    6/12/2013 No Change 16 (8.9%) 64 (9.4%) 80 (9.2%)
    6/19/2013 +4 =+4 change 16 (8.9%) 60 (8.8%) 76 (8.8%)
    6/26/2013 -1 =-1 change 17 (9.6%) 60 (8.8%) 77 (8.9%)
    7/3/2013 -5 =-5 change 17 (9.6%) 65 (9.5%) 82 (9.4%)
    7/10/2013 -2 and +2 =0 change 17 (9.6%) 65 (9.5%) 82 (9.4%)
    7/17/2013 -1 =-1 change 17 (9.6%) 66 (9.7%) 83 (9.6%)
    7/24/2013 0 =0 change 17 (9.6%) 66 (9.7%) 83 (9.6%)
    7/31/2013 -4 =-4 change 17 (9.6%) 70 (10.3%) 87 (10%)
    8/7/2013 -1 and +1 =0 change 16 (8.9%) 71 (10.4%) 87 (10%)
    8/14/2013 0 change 16 (8.9%) 71 (10.4%) 87 (10%)
    8/21/2013 -2 = -2 change 17 (9.5%) 72 (10.6%) 89 (10.2%)
    8/28/2013 -2 = -2 change 17 (9.5%) 74 (10.9%) 91 (10.5%)
    9/4/2013 -3 = -3 change 17 (9.5%) 77 (11.3%) 94 (10.9%)
    9/11/2013 +4 = -4 change 17 (9.5%) 75 (11.1%) 92 (10.6%)
    9/18/2013 0 = 0 change 17 (9.5%) 75 (11.1%) 92 (10.6%)
    9/25/2013 +2 = +2 change 16 (8.9%) 75 (11.1%) 91 (10.5%)
    10/2/2013 -6 = -6 change 17 (9.5%) 77 (11.3%) 94 (10.8%)
    10/9/2013 +2 = +2 change 17 (9.5%) 76 (11.2%) 93 (10.7%)
    10/16/2013 +4 = +4 change 17 (9.5%) 74 (10.9%) 91 (10.5%)
    10/23/2013 0 = 0 change 17 (9.5%) 74 (10.9%) 91 (10.5%)
    10/30/2013 0 = 0 change 17 (9.5%) 74 (10.9%) 91 (10.5%)
    11/6/2013 -3 and +2 = -1 change 18 (10.1%) 74 (10.9%) 92 (10.6%)
    11/13/2013 0 = 0 change 18 (10.1%) 74 (10.9%) 92 (10.6%)
    11/20/2013 -1 and 0 = -1 change 18 (10.1%) 75 (11.1%) 93 (10.7%)
    11/27/2013 0 = 0 change 18 (9.5%) 75 (11.1%) 93 (10.7%)
    12/4/2013 -1 and 0 = -1 change 18 (10.1%) 76 (11.2%) 94 (10.9%)
    12/11/2013 0 and +1 = +1 change 17 (9.4%) 76 (11.2%) 93 (10.9%)
    12/18/2013 -1 and +5 = +4 change 16 (9.0%) 73 (10.8%) 89 (10.3%)
    1/8/2014 -5 and +1 = -4 change 17 (9.5%) 76 (11.2%) 93 (10.8%)
    1/15/2014 -2 and +1 = -1 change 16 (8.9%) 78 (11.5%) 94 (10.9%)
    1/22/2014 -1 and +0 = -1 change 16 (8.9%) 79 (11.7%) 95 (11.0%)
    1/29/2014 -0 and +0 = 0 change 16 (8.9%) 79 (11.7%) 95 (11.0%)
    2/5/2014 -1 and +0 = -1 change 16 (8.9%) 80 (11.8%) 96 (11.1%)
    2/12/2014 -0 and +0 = 0 change 16 (8.9%) 80 (11.8%) 96 (11.1%)
    2/19/2014 -0 and +0 = 0 change 16 (8.9%) 80 (11.8%) 96 (11.1%)
    2/26/2014 -0 and +4 = +4 change 16 (8.9%) 76 (11.2%) 92 (10.6%)
    3/5/2014 -1 and +0 = -1 change 17 (9.5%) 76 (11.2%) 93 (10.8%)
    3/12/2014 -0 and +4 = +4 change 17 (9.5%) 72 (10.6%) 89 (10.3%)
    3/19/2014 -2 and +5 = +3 change 16 (9.0%) 70 (10.3%) 86 (9.9%)
    3/26/2014 -1 and +0 = -1 change 16 (9.0%) 71 (10.5%) 87 (10.1%)
    4/2/2014 -3 and +5 = +2 change 15 (8.4%) 70 (10.3%) 85 (9.8%)
    4/9/2014 -0 and +0 = 0 change 15 (8.4%) 70 (10.3%) 85 (9.8%)
    4/16/2014 -1 and +0 = -1 change 15 (8.4%) 71 (10.5%) 86 (9.9%)
    4/23/2014 -1 and +0 = -1 change 15 (8.4%) 72 (10.6%) 87 (10.0%)
    4/30/2014 -0 and +1 = +1 change 14 (7.8%) 72 (10.6%) 86 (9.9%)
    5/7/2014 -0 and +9 = +9 change 13 (7.3%) 64 (9.5%) 77 (8.9%)
    5/14/2014 -1 and +4 = +3 change 12 (6.8%) 62 (9.2%) 74 (8.6%)
    5/21/2014 -1 and +7 = +6 change 11 (6.1%) 57 (8.4%) 68 (7.9%)
    5/28/2014 0 and +1 = +1 change 10 (5.6%) 57 (8.4%) 67 (7.7%)
    6/4/2014 -1 and 0 = -1 change 10 (5.6%) 58 (8.6%) 68 (7.9%)
    6/11/2014 0 and +6 = +6 change 10 (5.6%) 52 (7.6%) 62 (7.2%)
    6/18/2014 -1 and +3 = +2 change 10 (5.6%) 50 (7.4%) 60 (6.9%)
    6/25/2014 -1 and +4 = +3 change 10 (5.6%) 47 (6.9%) 57 (6.6%)
    7/2/2014 -4 and 0 = -4 change 10 (5.6%) 51 (7.5%) 61 (7.1%)
    7/9/2014 0 and +1 = +1 change 10 (5.6%) 50 (7.5%) 61 (6.9%)*
    7/16/2014 0 and 0 = 0 change 10 (5.6%) 50 (7.5%) 61 (7.0%)*
    7/23/2014 -1 and +5 = +4 change 9 (5.0%) 47 (6.9%) 57 (6.5%)*
    7/30/2014 0 and +1 = +1 change 8 (4.5%) 47 (6.9%) 56 (6.4%)*
    8/6/2014 -1 and 0 = -1 change 8 (4.5%) 48 (7.1%) 57 (6.5%)*
    8/13/2014 -1 and 0 = -1 change 8 (4.5%) 49 (7.2%) 58 (6.6%)*
    8/20/2014 0 change 8 (4.5%) 49 (7.2%) 58 (6.6%)*
    8/27/2014 -1 and 0 = -1 change 8 (4.5%) 49 (7.2%) 59 (6.7%)*
    9/3/2014 -1 and 0 = -1 change 8 (4.5%) 50 (7.4%) 60 (6.8%)*
    9/10/2014 0 and +1 = +1 change 7 (3.9%) 50 (7.4%) 59 (6.8%)*
    9/17/2014 0 and 0 = 0 change 7 (3.9%) 50 (7.4%) 59 (6.8%)*
    9/24/2014 -1 and 0 = -1 change 7 (3.9%) 50 (7.4%) 60 (6.8%)*
    10/1/2014 0 and 0 = 0 change 7 (3.9%) 50 (7.4%) 60 (6.8%)*
    10/8/2014 -3 and 0 = -3 change 7 (3.9%) 53 (7.8%) 63 (7.2%)*
    10/15/2014 0 and 0 = 0 change 7 (3.9%) 53 (7.8%) 63 (7.2%)*
    10/22/2014 0 and 0 = 0 change 7 (3.9%) 53 (7.8%) 63 (7.2%)*
    10/29/2014 0 and 0 = 0 change 7 (3.9%) 53 (7.8%) 63 (7.2%)*
    11/5/2014 -1 and 0 = -1 change 7 (3.9%) 54 (7.9%) 64 (7.3%)*
    11/12/2014 0 and 0 = 0 change 7 (3.9%) 54 (7.9%) 64 (7.3%)*
    11/19/2014 -2 and +5 = +3 change 7 (3.9%) 51 (7.5%) 61 (7.0%)*
    11/26/2014 0 and +5 = +5 change 7 (3.9%) 46 (6.8%) 56 (6.4%)*
    12/3/2014 -2 and 0 = -2 change 7 (3.9%) 48 (7.1%) 58 (6.6%)*
    12/10/2014 0 and +5 = +5 change 7 (3.9%) 43 (6.4%) 53 (6.1%)*
    12/17/2014 0 and +1 = +1 change 7 (3.9%) 42 (6.2%) 52 (5.9%)*

    Asterisks denote one or more vacancies on the Court of International Trade.

    Graphs[edit]

    Monthly confirmation and vacancy changes[edit]

    113thMonthly Graph.png

    Weekly net vacancy changes[edit]

    113thWeekly changes.png

    Weekly vacancy percentage by court level[edit]

    113thCircuit District graph.png

    Weekly total vacancy percentage[edit]

    113thTotal vacancies.png

    See also[edit]

    External links[edit]

    Footnotes[edit]

    1. ↑ United States Courts, "Archive of Judicial Vacancies," accessed February 2, 2015
    2. ↑ Washington Post, "Senate’s filibuster decision could reshape influential D.C. federal appeals court," November 21, 2013
    Licensed under CC BY-SA 3.0 | Original source: https://ballotpedia.org/Federal_Vacancy_Warning_System:_113th_Congress
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