Tuesday, March 25, 2025

Analysis of judges eligible for senior status

 Bloomberg Law has Trump’s Power to Stack the Courts Hinges on Pool of Aging Judges

There are at least 22 circuit judges appointed by Presidents George W. Bush, George H. W. Bush, and Ronald Reagan eligible for senior status, a form of semi-retirement. They include four each on the Fifth and Eighth Circuits, three on the Fourth Circuit, and at least one judge on every circuit except the First, Third, and Eleventh Circuits

Among those who’ve announced plans to step back since Trump’s inauguration two months ago include the Ninth Circuit’s Sandra Segal Ikuta, 70, and the Seventh Circuit’s chief judge, Diane Sykes, 67. Both were appointed by George W. Bush.

Those remaining include the Ninth Circuit’s Milan Smith, 82, who once said that he had no plans to retire and wished to “die with my boots on.”

Today's DJ has Johanna Schiavoni's Inside the Ninth Circuit's en banc process -- A recent program hosted by the Ninth Circuit provided insights into the complexities of the Ninth Circuit's en banc process, covering the mechanics, strategic tips, and factors influencing the success of en banc petitions and oral arguments. (Oddly, this article cites FRAP "35" several times, but that rule was merged into FRAP 40 at the end of last year, and so doesn't exist anymore. Update: the online version of the article has been fixed to note the "former" FRAP 35.)