Tom Jipping, Senior Legal Fellow · Edwin Meese III Institute for the Rule of Law
#32 - Data Below as of October 29 of each president’s second year
Background: Article III of the Constitution created the Supreme Court and gave Congress authority to create “inferior” courts1 with judges who serve “during good Behaviour.”2 Nominations to Article III courts are referred to the Senate Judiciary Committee and, if approved, listed on the Executive Calendar.
Confirmations Per Congress: The Senate confirmed an average of 7.5% of the judiciary per Congress during the 18th century, 7.6% per Congress during the 20th century, and 8% per Congress so far in the 21st century. The highest was 31.4% during the 24th Congress (1835-36) and the lowest was 2.6% during the 114th Congress (2015-16).
New Judgeships: The Supreme Court has had nine seats since 1869. Congress last created new U.S. Court of Appeals judgeships in 1990 (6.5% increase). Congress last created new U.S. District Court judgeships in 2003 (1.8% increase). Since 1970, the Article III judiciary has grown 74% vs. 68% for the US population.
| President | Vacant | Emergencies | Hearing | Confirmed | Cloture Vote | Avg NO | % of Judiciary |
| Trump 2 | 3.2% | 53.6% | 94.5% | 76.3% | 100% | 44.2 | 6.4 |
| Biden | 9.65% | 28.9% | 70.2% | 60.4% | 94% | 38.9 | 9.8 |
| Trump 1 | 15.3% | 51.5% | 88% | 59.15% | 65.2% | 17.2 | 9.8 |
| Obama | 12.1% | 47.1% | 97.6% | 51.8% | 4.65% | 3.9 | 5 |
| Bush 2 | 9.1% | 40.3% | 83.7% | 65.85% | 3.7% | .7 | 9.55 |
| Clinton | 9.5% | 47.5% | 96.1% | 80% | 1% | .6 | 15.3 |
| Bush 1 | 4.8% | N/A | 85.7% | 93.5% | 0% | .1 | 9.6 |
| Reagan | 3.9% | N/A | 100% | 98.8% | 0% | 0 | 12.2 |
| Average | 8.45% | 44.8% | 89.5% | 75.6% | 32.1% | 13.3 | 9.7 |
