Senate returns 37 federal judicial nominees to the president when 116th Congress adjourned

When the 116th Congress adjourned sine die on Jan. 3, the Senate returned 37 of President Trump’s (R) judicial nominations to him. Trump resubmitted 17 of those nominations on the same day when the 117th Congress convened. 

The returned nominations included: 

• 22 nominees for the U.S. district courts,
• 7 for the Superior Court of the District of Columbia,
• 3 nominees for the Court of Federal Claims, 
• 2 for the District of Columbia Court of Appeals,
• 1 for the Court of International Trade,
• 1 for the United States Tax Court, and
• 1 for the District Court of Guam.

At the 116th Congress’ adjournment, seven nominees were awaiting a full Senate vote, one was awaiting a vote in the Senate Judiciary Committee, and 29 were awaiting a committee hearing. 

The renominations were referred to the Senate Judiciary Committee, who may decide not to hold additional hearings for nominees who already received a hearing in the previous Congress. Thus, the renominations will continue the confirmation process where they left off at the end of the 116th Congress.

Sixty-seven judicial nominations were returned to President Barack Obama (D) on Jan. 3, 2017, at the sine die adjournment of the 114th Congress. President Trump was inaugurated on Jan. 20, 2017. Seventy judicial nominations were returned to Trump at the adjournment of the 115th Congress.

The U.S. Senate has confirmed 234 of President Trump’s Article III judicial nominees—174 district court judges, 54 appeals court judges, three Supreme Court justices, and three international trade judges—since January 2017. Currently, 49 of 890 active federal judicial positions are vacant.

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State legislative update

Illinois state House Speaker Michael Madigan (D) announced yesterday—Jan. 11—that he was suspending his current campaign for speaker for the upcoming legislative session. Madigan served as Illinois House speaker from 1983 to 1995 and since 1997 and is the longest-serving state House speaker in U.S. history.

Alaska Supreme Court upholds House Republican Leader's defeat on Nov. 3 leaving control of chamber undecided

The Alaska Supreme Court ruled on Jan. 8 that state House Minority Leader Lance Pruitt (R) did not provide sufficient evidence to sustain his challenge to his district’s election results. The ruling upholds Liz Snyder’s (D) win by 11 votes on Nov. 3. Pruitt’s lawsuit alleged the state did not adequately notify the public when the Alaska Division of Elections moved a polling location and that the Division of Elections did not provide suitable election security for absentee ballots.

The decision means that control of the chamber will likely remain uncertain at least until Jan. 19, when lawmakers will convene for the start of Alaska’s legislative session.

After Snyder’s victory, the Alaska House of Representatives is currently split between a 20-member Republican faction and a multi-partisan coalition of 16 Democrats, three independents, and Republican Louise Stutes. Had Pruitt’s lawsuit been successful, it could have given the Republican wing of the House the 21 votes needed to control the chamber.

Although Republicans won a 23-16 majority with one independent in the 2018 elections, a coalition of 15 Democrats, four Republicans, and two independents elected Bryce Edgmon (I) House speaker on Feb. 14, 2019. The parties split control of key leadership positions and committees, and Edgmon was elected speaker after leaving the Democratic Party. The House majority consisted of 15 Democrats, eight Republicans, and two independents. Of the eight Republicans who joined the majority coalition in 2018, only two were re-elected in 2020.

Eighty-six of 99 state legislative chambers in 44 states held general elections on Nov. 3. Partisan control changed in two chambers, with Republicans gaining majorities in both the New Hampshire House of Representatives and the New Hampshire Senate.

This was one of 15 state legislative elections in 2020 decided by 25 votes or fewer. Nine of those races were for seats in the New Hampshire House of Representatives, including last year’s narrowest state legislative contest, decided by four votes. In 2018, there were 35 state legislative elections decided by 25 votes or fewer, including two decided by one vote.

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Candidate filing period ends today in pair of special elections

The candidate filing period ends today—Jan. 12—for a pair of special elections to fill vacant offices. One special is in the Iowa state Senate, and the other is for a seat on the Milwaukee County Board of Supervisors.

The special election for the 41st District in the Iowa state Senate is set for Jan. 26. The seat became vacant when Mariannette Miller-Meeks (R) resigned effective Jan. 2 after being elected to the U.S. House of Representatives. Miller-Meeks defeated 2nd Congressional District incumbent Rita Hart (D) by six votes out of more than 394,000 cast on Nov. 3. Miller-Meeks was sworn in when the 117th Congress convened on Jan. 3. Hart is asking the House of Representatives to investigate 22 disputed ballots and overturn the election results.

The Democratic and Republican parties in the district selected their nominees at special conventions on Jan. 7. The current partisan composition of the Iowa state Senate is 31 Republicans, 18 Democrats, and one vacancy. Miller-Meeks defeated Mary Stewart (D), 52% to 48%, in 2018.

The special election for the Milwaukee County Board of Supervisors is needed after District 10 Supervisor Supreme Moore Omokunde resigned after being elected to the Wisconsin state Assembly on Nov. 3. Since Omokunde's state legislative district does not overlap with his board of supervisors district, he has said he will be moving and can no longer represent his county district. 

The Milwaukee County special election will be held during Wisconsin's regular spring elections on Apr. 6. If three or more candidates file for the office today, a primary will take place on Feb. 16.

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