While Judge Linn will continue to hear cases in the capacity of senior status, this announcement gives the court yet another vacancy. Unfortunately, politics is holding up confirmation of circuit court judges by the Senate. It does not appear that the Senate has confirmed a circuit court judge since May.
Richard Taranto was nominated last November to the seat vacated by Chief Judge Paul Michel in May 2010. This was after the Judiciary Committee refused to take action on the nomination of Edward DuMont. Taranto was confirmed by the Committee on March 29, 2012. Since then . . . nothing. He is awaiting debate and a vote by the entire Senate.
Perhaps in the lame duck session?
Current Federal Circuit Judges
The senior active judge on the court is Pauline Newman. Judge Newman, 85, was appointed to the court by President Reagan in 1984. She hasn’t given any indication that she may retire.
Judge Alan Lourie, 77, has been on the court since 1990. He is also eligible for senior status.
Chief Judge Randall Rader, 63, would be eligible for senior status in 2014.
Judge Timothy Dyk, 75, has also been on the court since 2000. He is eligible for senior status.
Judge Sharon Prost, 61, has been on the court since 2001. She will be eligible for senior status in 2016.
Judges Kimberly Moore, 44, Kathleen O’Malley, 56, and Jimmie Reyna, 59, each have a number of years before they will be eligible for senior status.
Judge Evan Wallach, 63, has been on the court since 2011. By virtue of his service on the Court of International Trade, he will be eligible for senior status in 2014.
Judges Mayer, Plager, Clevenger, Schall, and Linn continue to serve the court as judges with senior status. Judge Bryson will soon join their ranks.
Unless Taranto is confirmed, the court will be operating with 3 empty seats in January.
HT: Hal Wegner.