Welcome to the Wednesday, Dec. 23, Brew.

Here’s what’s in store for you as you start your day:

1. Senate confirms Kirsch to appeals court after Barrett confirmed to SCOTUS
2. And the 2020 Official Holiday Cookie is...

We will send our next edition of the Daily Brew on Monday, Dec. 28. We hope you have a truly wonderful week - however you are spending it! We are thankful to have the opportunity to greet you in your inbox each morning. Here’s wishing you a wonderful and safe holiday season!

Senate confirms Kirsch to appeals court after Barrett confirmed to SCOTUS

When the president appoints a judge to a federal court position, this can affect other courts, especially at the next lower level. President Donald Trump’s (R) most recent Supreme Court appointment illustrates how that affects other courts:

• Trump nominated Amy Coney Barrett to the U.S. Supreme Court on Sep. 26 after Associate Supreme Court Justice Ruth Bader Ginsburg died Sep. 18. Barrett’s confirmation to SCOTUS created a vacancy on the U.S. Court of Appeals for the 7th Circuit.
• Trump announced he would nominate Thomas Kirsch to the 7th U.S. Circuit Court of Appeals on Oct. 21. 
• The Senate confirmed Barrett on Oct. 26. 
• Trump officially nominated Kirsch on Nov. 16. 
• The Senate Judiciary Committee held a hearing on Kirsch's nomination on Nov. 18 and voted to advance his nomination to the full Senate on Dec. 10. 
• The Senate confirmed Kirsch on Dec. 15.

In this instance, Kirsch’s confirmation did not create a vacancy at a lower court because he was serving as the U.S. attorney for the Northern District of Indiana.

Earlier this month in the Brew, we projected that President-elect Joe Biden (D) will inherit somewhere between 23 and 53 judicial vacancies when he assumes office on Jan. 20, 2021. The midpoint of this range—38—is the fifth-fewest number of court vacancies of the last seven presidencies. Trump inherited 108 federal judicial vacancies on Jan. 20, 2017.

Since taking office, President Trump has nominated 274 individuals to federal judgeships. As of Dec. 22, the Senate has confirmed 234 of these nominees—three Supreme Court justices, 54 appellate court judges, 174 district court judges, and three U.S. Court of International Trade judges.

As of Dec. 22, 46 of the 870 Article III federal judgeships—or 5.3%—are vacant. Two of the vacancies are on federal appeals courts, 43 are on district courts, and one vacancy is on the Court of International Trade.

>   KEEP READING

Sugar Cookie defeats incumbent Chocolate Chip Cookie

The incumbent Holiday Cookie, Chocolate Chip, conceded the runoff election last night to Sugar Cookie. As Sugar Cookie took the stage, a trail of sprinkles in its wake, it accepted the position and was instantly sworn in to the post. In its first 100 days, it pledged to delight Santa, be a hit at parties, and leave frosting all over the mouths of children everywhere.

Through the elections of delicious candidates to fictional, yet clearly powerful, posts, we like to showcase different methods of election administration.

This runoff turned out to be a rematch of the ninth, and final, round of voting from 2019’s ranked-choice voting election (sometimes called Instant Runoff voting) for Official Holiday Cookie.

This year’s election style mirrors the runoff election in Georgia. To keep up with the news in that race, click here to instantly subscribe to the Runoff Report email newsletter.

>   KEEP READING