President Trump has already picked who he wants to replace Judge Amy Coney Barrett on the 7th Circuit Court of Appeals. Along with that vacancy a new vacancy has arisen in the 1st Circuit with the death Monday of Judge Juan Torruella.
A replacement has not yet been announced but both could be confirmed before the first of the year regardless of the outcome of the election.
According to Fox News:
For Barrett’s old seat, Trump announced last Wednesday he plans to nominate Thomas L. Kirsch II, who is currently the U.S. Attorney for the Northern District of Indiana. Kirsch is a former clerk for Judge John Daniel Tinder in the Southern District of Indiana, was previously a partner at a private law firm and held other positions with the Department of Justice (DOJ). Kirsch is a graduate of Indiana University and Harvard Law School.
It’s unclear who Trump might nominate to succeed Torruella.
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The majority leader has operated under the mantra of “no vacancy left behind,” and it is possible he won’t be forced to leave these newly-minted circuit vacancies behind either. Trump announced his intention to nominate Kirsch on Oct. 21, leaving open a reasonable timeline for him to be confirmed by a Republican Senate even if the GOP loses its majority.
Under the tradition for circuit court nominees, senators are given four weeks of notice after a nominee is announced before a Judiciary Committee hearing, then four weeks after the hearing before the nominee is voted on.
This is just a tradition and not a rule and could lend itself to a confirmation for the 1st circuit before January 1.