Facilitating the Administration of Justice in the Federal Courts

This executive order codifies a 2002 presidential plan to fill federal judicial vacancies within 180 days of receiving notice, assigning the Counsel to the President responsibility for ensuring timely nominations. It explicitly disclaims creating any legally enforceable rights.

Federal Register Open PDF 68 FR 25807

Impact dates

Nov 5, 2003
President submits nomination for judicial vacancy after receiving notice

Key directives

President to submit judicial nominations within 180 days of receiving vacancy or intended retirement notice
Counsel to the President to ensure timely nomination process
Federal departments and agencies to assist in implementation as requested and permitted by law

Who is ordered

Counsel to the President · Executive Office of the President

Timeline

Immediate

Counsel to the President assumes coordination role for judicial nominations

Near term (90d)

Potential nominations triggered by vacancies occurring in this window

Long term

Ongoing 180-day nomination timeline applies to future judicial vacancies

Risks & tensions

180-day clock starts from 'receives notice,' which is undefined—who provides notice and how is it formalized?
No enforcement mechanism; 'extraordinary circumstances' exception is vague and entirely discretionary
Section 5 disclaimer of judicial review makes this purely aspirational/internal management
Plan references October 30, 2002 announcement but does not incorporate it by text; actual binding content is minimal