October 2026 Federal Judicial Vacancy Report Shows 27 Openings
Ballotpedia's monthly count tracked federal judicial vacancies, nominations, and confirmations from Sept. 2 to Oct. 1. There are 27 vacancies among 870 active Article III positions, a 3.1% vacancy rate, with no openings on the Supreme Court or U.S. Courts of Appeals. Three district judges took senior status, creating new vacancies in California, Illinois, and South Carolina.
Ballotpedia's October 2026 report covers Sept. 2 to Oct. 1. It found 27 vacancies among 870 active Article III seats, a 3.1% rate unchanged from September. The Supreme Court and appeals courts had none; 27 district court seats were open. Three judges took senior status: Josephine Staton (California Central), John Tharp Jr. (Illinois Northern), and Timothy M. Cain (South Carolina).
In that span, three nominations and three confirmations occurred. Trump named Todd Butler to the Fifth Circuit, Philip Aubart to North Carolina's Middle District, and Brian Meyers to its Eastern District. The Senate confirmed Angela Colmenero, Kasdin Mitchell, and Matthew Byrne to district courts. Since January 2025, 56 Trump nominees have been confirmed.
With no Supreme Court or appellate openings, the practical effects may center on district courts, where most federal cases begin. The 27 vacant seats, including new ones in California, Illinois, and South Carolina, could increase workloads for remaining judges and may slow some civil or criminal proceedings. Litigants, attorneys, and communities in those districts might feel delays most directly. The three nominations and confirmations suggest filling these seats may continue, but timing and Senate action could shape how quickly courts adjust.