U.S. Circuit Judge Duane Benton announced that he will step down from active service on the 8th Circuit, creating the first vacancy on the St. Louis-based court that President Trump could fill during his second term.
Benton, an appointee of Republican former President George W. Bush, gave notice on Friday that he plans to take senior status on a date not yet determined, according to the federal judiciary's online list of future judicial vacancies. Benton declined to comment.
The timing of any nomination by Trump to fill Benton's seat is unclear. But White House spokeswoman Abigail Jackson in a statement said Trump "is committed to expeditiously filling vacancies with qualified nominees who will uphold our Constitution and the rule of law."
The 8th Circuit hears appeals from federal courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota and is considered one of the most conservative of the 12 regional appeals courts that sit below the U.S. Supreme Court.
Ten of the court's 11 active judges were appointed by Republican presidents, four of whom Trump named during his first term. Benton was appointed by Bush in 2004, after previously serving on the Missouri Supreme Court from 1991 to 2004. Read more from Nate Raymond.
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