Biden gets third vacancy to fill on DC appeals court as judge moves to senior status

U.S. Circuit Judge Judith Rogers will retire from active service in September, giving President Biden an additional vacancy to fill on the D.C. Circuit Court of Appeals.

Rogers officially notified the federal judiciary Thursday that she plans to transition to senior status, a semi-retirement position reserved for federal judges who are at least 65 years old and have served at least 15 years or those whose age and years of service equal at least 80, according to the federal judiciary’s website. Judges with senior status will continue to work with a reduced caseload, and presidents may nominate a successor to fill their role.

Biden has already nominated two judges to fill vacancies left by David Tatel, who assumed senior status last month, and that will be left by Ketanji Brown Jackson after she fills Supreme Court Justice Stephen Breyer’s seat upon his retirement at the end of the court’s term.

Analysts often consider the D.C. Circuit Court of Appeals to be the second most important court in the country based on the cases it hears and the number of its members that have gone on to serve on the Supreme Court. Three current Supreme Court justices had previously served on the D.C. circuit court.

Rogers, who was an appointee of former President Clinton, did not immediately return a request from The Hill for comment.

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