Congress created the CIT when it passed the Customs Courts Act of 1980, which assigned nine active judges to the CIT. Once they are confirmed by the Senate, the judges enjoy life tenure. Under the “Rule of 80,” a judge normally may assume “senior” status after reaching the age of 65 and serving for at least 15 years. (The Rule may vary depending upon the judge’s age and length of service.) When a judge takes senior status, that move creates a vacancy for the President to fill.
The first round of recent turnovers at the CIT occurred in 2011. That year, Judge Judith M. Barzilay took senior status, and the Senate confirmed Judge Evan J. Wallach’s elevation to the U.S. Court of Appeals for the Federal Circuit. By May 2013, the Senate had confirmed their respective successors: Judge Mark A. Barnett and Judge Claire R. Kelly.
The CIT operated fully staffed until July 2014, when four of its nine active judges took senior status: then-Chief Judge Donald C. Pogue, Judge Richard K. Eaton, Judge Jane A. Restani and Judge Gregory W. Carman. President Obama nominated four individuals for these vacancies, two of whom the Senate confirmed: Judge Jennifer Choe-Groves and Judge Gary S. Katzmann. Despite obtaining the approval of the Senate Judiciary Committee, President Obama’s other two nominees—Jeanne E. Davidson and Elizabeth J. Drake—never received a vote on the Senate floor.
In June 2018, President Trump nominated two individuals for the outstanding vacancies: M. Miller Baker and Timothy M. Reif. The Senate Judiciary Committee recently advanced their names to the Senate floor for a full vote. Their confirmation in the months ahead seems all but assured.
At the end of January 2019, Judge Delissa A. Ridgway assumed senior status. That development will open yet another slot at the CIT for President Trump to fill.