Happy Friday from Brad and Avalon here at Law.com's Bench Report. We're guessing most of you are reading this week's newsletter on a sunny beach or from the comfort of a heavily air-conditioned room. And with only a few weeks left before Congress goes on summer break, the heat is on in D.C. as both chambers look to achieve something before returning home ahead of midterms. 

Check out our look at Biden's hopes for the D.C. Circuit, as well as a possible fix for judicial succession conflicts below, and please reach out to us via [email protected] or [email protected] with any tips or feedback. Follow us on Twitter: @AvalonZoppo and @BradKutner.

The U.S. Court of Appeals for the District of Columbia Circuit, housed at the The E. Barrett Prettyman U.S. Courthouse, on June 6, 2020. Photo by Diego M. Radzinschi/ALM

Biden Administration Tries to Shape the DC Circuit

President Joe Biden is on his way to appointing three judges to the U.S. Court of Appeals for the D.C. Circuit, a number on par with his predecessors. But an increase in venue shopping, and a U.S. Supreme Court expected to be hostile to the administrative state, may diminish the power once associated with what court watchers call the "second most powerful court in the country."

Biden's first D.C. Circuit nominee, U.S. District Judge Michelle Childs, received a rare bipartisan vote—64-34—on Tuesday. Her level of support is linked to her years on South Carolina's District Court bench, and her relationship with Sen. Lindsey Graham, who praised Childs during her nomination hearing. Graham even advocated for Childs's selection for a U.S. Supreme Court vacancy later filled by Ketanji Brown Jackson.