A judicial vacancy occurs when a federal judgeship is unoccupied due to a judge's retirement, death, elevation, or the creation of a new seat by Congress. The president nominates candidates to fill vacancies, and the Senate must confirm them. As of early 2026, there are 37 open district court seats and no open circuit court seats. Vacancies accumulate when judges refuse to retire, Congress fails to create new seats, or the Senate delays confirmations. Prolonged vacancies force remaining judges to carry heavier caseloads and cause delays for litigants waiting for their cases to be heard.