There are 23 Third Circuit judges, 12 active and 11 senior.

Of the 12 actives, 7 were nominated by Democratic presidents–4 Clinton, 3 Obama. The other 5 all were nominated by George W. Bush. Of the seniors, it’s 3 Dems, 8 Republicans.

The Dem majority is a bit of a fluke. One of W’s nominees (Van Antwerpen) got his commission in 2004 and went senior in 2006, and Obama got to nominate his replacement (Vanaskie). On the other hand, over 5 years into Obama’s presidency the two youngest judges on the court (Hardiman and Chagares) are still both W nominees.

There are 2 vacancies. Sloviter went senior last June, Scirica last July. Cheryl Ann Krause (Kozinski and Kennedy clerk, Dechert partner and Penn professor) was nominated in February for Sloviter’s seat; her nomination was reported out of committee a week ago and now is before the full Senate. No nominee for Scirica’s spot yet.