May 2026

ADVOCACY UPDATE

On Friday, May 1, outside counsel facilitated a meeting for FBA leaders and judges with Micah Fielden, the senior counsel to the Associate Attorney General, to share FBA’s views on how best to implement the Daniel Anderl Act state and local grant program.  The May 1 discussion furthered a conversation FBA leaders began earlier this year in a meeting with senior program officials within the Office of Justice Programs at DOJ, which is charged with implementing this new grant program.  Based on this May 1 meeting, we expect to continue the dialogue with DOJ officials about the grant program, as well as about the deployment of U.S. Marshals, which the participating judges also raised during the meeting.

 

LEGISLATIVE UPDATE

Federal Judiciary Funding

The judiciary requested $9.7 billion in funding for FY 2027. On April 22, 2026, the full House Appropriations Committee approved Financial Services and General Government (FSGG) legislation that would provide a total of $9.6 billion in discretionary funding for operations of the Judiciary, an increase of $381 million above fiscal year 2026, but $36 million below the request. FBA advocacy before and during Capitol Hill Day may have helped incrementally in the effort to secure funding levels so close to the Judiciary’s request.

Of the total provided, the bill includes:

  • Courts of Appeals, District Courts, and Other Judicial Services – $6.4 billion, an increase of $312 million above fiscal year 2026 and equal to the amount requested.
  • Defender Services – $1.8 billion, an increase of $27 million above fiscal year 2026 and equal to the amount requested.
  • Court Security – $921 million, $29 million above fiscal year 2026 and equal to the amount requested.

The Senate has not yet released draft FSGG legislative text.

Daniel Anderl Act Grant Program Funding

On May 13, 2026, the full House Appropriations Committee approved FY 2027 Commerce, Justice, and Science (CJS) legislation that would provide $7.5 million for the second year of the Anderl Act grant program, the same amount as the current fiscal year appropriations bill contains. Notably, this $7.5 million figure is a 50% increase over the $5 million sought by DOJ in the President’s Budget Request and may reflect FBA’s recent advocacy.

The Senate has not yet released a draft CJS bill, but the FBA continues to suggest that $10 million is an appropriate amount based on the fact that there is significant unmet need for grants to state and local governments to remove federal judges’ PII from their websites.

Federal Judgeships Legislation

Senator Todd Young continues to work behind the scenes on possible introduction of a new revised JUDGES Act.  It is unclear whether it will again be bipartisan. There are no developments to report regarding judgeships legislation in the House.

 

JUDICIARY UPDATE

Thirty-four of 890 active federal judicial positions, including the U.S. Court of Federal Claims, the U.S. Court of International Trade, and the United States territorial courts, are currently vacant. Ten more judicial vacancies are expected through January 2, 2027, with six nominees named in advance.

Current Judicial Vacancies as of May 14, 2026
Vacancies Nominees Pending
Supreme Court 0 0
Courts of Appeal 0 0
District Courts 33 13
US Court of Federal Claims 0 0
US Court of International Trade 1 1
Total 34 14

There are 13 judicial vacancy emergencies, based on caseload and/or the length of the vacancy, according to the Administrative Office of the U.S. Courts. Seven emergency districts are in Texas.

 

Judicial Confirmations: The current Congress has confirmed three nominees since April 1, 2026.

Nominee Jurisdiction Confirmation Date
John Thomas Shepherd Western District of Arkansas April 14, 2026
Christopher R. Wolfe Western District of Texas April 14, 2026
Andrew B. Davis Western District of Texas April 20, 2026

 

Judicial Nominations: Since April 1, President Trump has submitted eight nominations for judicial vacancies.

Nominee Jurisdiction Confirmation Date
Michael J. Hendershot Northern District of Ohio April 14, 2026
John George Edward Marck Southern District of Texas April 14, 2026
Arthur Roberts Jones Southern District of Texas April 14, 2026
Jeffrey T. Kuntz Southern District of Florida April 14, 2026
Michael C. Martin Eastern District of Michigan May 12, 2026
Angela Veronica Colmenero Southern District of Texas May 12, 2026
Kasdin Miller Mitchell Northern District of Texas May 12, 2026
Antonio M. Pozos Eastern District of Pennsylvania May 12, 2026

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