Two of the most senior figures in the federal appellate judiciary are preparing to step back from full-time duty — a quiet shift with loud political consequences.
Chief Judge Debra Ann Livingston of the United States Court of Appeals for the Second Circuit and Chief Judge Jeffrey Sutton of the United States Court of Appeals for the Sixth Circuit have signaled plans to assume senior status later this year. The move creates two coveted vacancies on influential appellate benches — openings that President Donald Trump will now be positioned to fill.
Senior status, often described as a form of semi-retirement, allows judges over 65 with lengthy service to reduce their caseload while remaining on the bench. Crucially, it also permits the White House to nominate full-time replacements.
Timing That Matters
The announcements arrive at a politically sensitive moment. With midterm elections on the horizon and the balance of power in the Senate potentially in flux, the early notice gives the administration breathing room to move nominations while confirmation math may still be favorable.
Trump’s second term has so far offered relatively few appellate vacancies. During his first term, he appointed 54 appellate judges and reshaped the federal judiciary in tandem with three appointments to the Supreme Court of the United States. The current openings, though fewer in number, sit on courts that frequently decide nationally consequential disputes.
Livingston: A Frequent Dissenter on a Divided Bench
Livingston, appointed by President George W. Bush, joined the Second Circuit in 2007 and became chief judge in 2020. On a court with a Democratic-appointed majority, she often found herself writing in dissent.
She notably disagreed with a ruling that interpreted Title VII of the Civil Rights Act to prohibit workplace discrimination based on sexual orientation — a position later affirmed by the Supreme Court in Bostock v. Clayton County.
She also broke with colleagues in a case requiring banks to comply with congressional subpoenas seeking records tied to Trump’s business interests, describing the demands as deeply concerning.
Sutton: A Conservative Voice with National Reach
Sutton, also a Bush appointee, has served on the Sixth Circuit since 2003 and became chief judge in 2021. Beyond his court, he has played a prominent administrative role within the federal judiciary, including leadership within the policy-setting Judicial Conference.
He authored a 2014 decision upholding same-sex marriage bans in four states — a ruling later reviewed and overturned by the Supreme Court in Obergefell v. Hodges, which legalized same-sex marriage nationwide.
More recently, Sutton wrote a decision rejecting a constitutional challenge to Tennessee’s longstanding policy restricting amendments to birth certificates based on gender identity. He has also been a persistent critic of nationwide injunctions, questioning whether single district judges should wield power with sweeping national effect — a debate that has increasingly drawn attention at the Supreme Court level.
What Comes Next
With both chief judges shifting to senior status — Livingston effective July 1 and Sutton effective October 1 — the administration gains two high-profile opportunities to shape the appellate courts at a time when vacancies have been scarce.
In a judicial landscape where individual panels can influence nationwide policy, even a pair of openings can ripple far beyond their circuits.
