The appointment process
Nominations and vacancies
Seats on the federal appellate bench that are open or soon to be, and the nominations to fill them.
Current vacancies
Appellate seats vacant now.
No U.S. Court of Appeals seat is vacant.
Announced vacancies
Seats whose occupant has given notice of retirement or senior status. The date shown is when the departure was announced — the day the seat actually opens is often not yet fixed.
| Court | Seat of | Reason | Announced | Nominee | Nominated |
|---|---|---|---|---|---|
| Fifth Circuit | Kurt D. Engelhardt | Senior | June 9, 2026 | Anna St. John | July 14, 2026 |
| Eighth Circuit | Bobby E. Shepherd | Senior | July 20, 2026 | — | |
| Tenth Circuit | Timothy M. Tymkovich | Senior | Feb. 24, 2026 | Daniel Desmond Domenico | May 12, 2026 |
Source Vacancy and nominee data from the Administrative Office of the U.S. Courts, which maintains the official vacancy list.
Before the Senate
Nominations received and not yet resolved.
| Nominee | Court | Seat of | Received | Status |
|---|---|---|---|---|
| Anna St. John of Louisiana | Fifth Circuit | Kurt D. Engelhardt | July 14, 2026 | Hearing held Aug. 5, 2026 |
| Daniel Desmond Domenico of Colorado | Tenth Circuit | Timothy M. Tymkovich | May 12, 2026 | Reported to the floor July 23, 2026 |
Resolved in the 119th Congress
Confirmed, withdrawn, or returned to the President.
| Nominee | Court | Seat of | Received | Status | Senate vote |
|---|---|---|---|---|---|
| Daniel Mack Traynor of North Dakota | Eighth Circuit | Ralph R. Erickson | May 12, 2026 | Confirmed July 23, 2026 | 48–47 |
| Benjamin M. Flowers of Ohio | Sixth Circuit | Jeffrey S. Sutton | April 27, 2026 | Confirmed July 22, 2026 | 49–46 |
| Matthew A. Schwartz of New York | Second Circuit | Debra Ann Livingston | April 27, 2026 | Confirmed July 14, 2026 | 50–45 |
| Justin D. Smith of Missouri | Eighth Circuit | William Duane Benton | March 2, 2026 | Confirmed June 15, 2026 | 48–43 |
| Eric Chunyee Tung of California | Ninth Circuit | Sandra Segal Ikuta | July 15, 2025 | Confirmed Nov. 5, 2025 | 52–45 |
| Joshua D. Dunlap of Maine | First Circuit | William J. Kayatta, Jr | July 15, 2025 | Confirmed Nov. 4, 2025 | 52–46 |
| Rebecca L. Taibleson of Wisconsin | Seventh Circuit | Diane S. Sykes | Sept. 15, 2025 | Confirmed Oct. 27, 2025 | 52–46 |
| Jennifer Lee Mascott of Delaware | Third Circuit | Kent A. Jordan | Sept. 2, 2025 | Confirmed Oct. 9, 2025 | 50–47 |
| Emil J. Bove III of Pennsylvania | Third Circuit | Joseph A. Greenaway, Jr | June 16, 2025 | Confirmed July 29, 2025 | 50–49 |
| Whitney D. Hermandorfer of Tennessee | Sixth Circuit | Jane Branstetter Stranch | May 12, 2025 | Confirmed July 14, 2025 | 46–42 |
Source Nomination records, Senate actions and confirmation votes from the Congress.gov API. A nominee or outgoing judge is linked to a Benchlight profile only where the name matches a judge in the Federal Judicial Center directory exactly — many nominees have never held federal judicial office and so have no profile.