Sixth Circuit Judge Sutton to Step Back, Hand Trump a Vacancy

Chief Judge Jeffrey Sutton plans to take senior status, allowing President Trump to fill a rare appellate court vacancy.

Published on Feb. 20, 2026

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Chief Judge Jeffrey Sutton of the U.S. Court of Appeals for the Sixth Circuit plans to step away from active status on October 1, handing President Donald Trump a rare appellate court vacancy to fill as judges have been slow to retire during his second presidency.

Why it matters

Judicial appointments are a key part of a president's legacy, and Trump has had limited opportunities to reshape the federal judiciary during his second term. Sutton's decision to take senior status will give Trump a chance to nominate a new judge to the influential Sixth Circuit, which covers Ohio, Michigan, Kentucky, and Tennessee.

The details

Sutton has served on the Sixth Circuit since his 2003 appointment by President George W. Bush. He assumed the role of chief judge in 2021. Taking senior status will allow Sutton to maintain a reduced caseload while still serving on the court.

  • Sutton will take senior status on October 1, 2026.

The players

Jeffrey Sutton

Chief Judge of the U.S. Court of Appeals for the Sixth Circuit since 2021, appointed to the court by President George W. Bush in 2003.

Donald Trump

The 45th President of the United States, currently serving his second term.

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What’s next

President Trump will have the opportunity to nominate a new judge to fill the Sixth Circuit vacancy created by Sutton's decision to take senior status.

The takeaway

Sutton's decision to step back from active status on the Sixth Circuit Court of Appeals will give President Trump a rare chance to appoint a new judge to the influential federal appeals court during his second term in office.