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The Senate advanced Domenico’s nomination to the Tenth Circuit by a vote of 51–27. The vote tally itself isn’t what I’m most focused on; I’m watching the “scheduling capacity” behind it. In less than two months, dozens of nominees have to be processed, including about two dozen—or roughly 24—judges. Based on the time available for Senate floor sessions, there simply aren’t enough regular workdays to fit them all in. They can barely get it done only if they squeeze in weekend votes, too.



Here’s the simple math: confirming more than 20 judges in about eight weeks means getting through an average of three to four per week. And each nominee still has to go through a procedural vote, debate, and a final vote. If another issue crowds out any one of those steps, the schedule gets pushed back.

Take the Tenth Circuit, for example. Its jurisdiction spans multiple states, and vacancies directly affect the pace of case proceedings. Every day of delay means another day of backlog. So the key here isn’t how long the list is, but how fast confirmations happen.

Put simply, it’s like looking at protocol revenue: more proposals matter less than how quickly they’re delivered. The 51 votes are the cash flow—once the votes are in, it’s actually landed; if there aren’t enough votes, even the most polished schedule is just capacity on paper.

If this drags into January, the legislative calendar resets and political maneuvering heats up, effectively handing the other side leverage—and the numbers won’t look good. Let’s wait until the weekend for the results. Then we can compare how many were actually confirmed and how much of the backlog was cleared to judge whether this wave of “capacity” is really in motion or just sitting on a list.
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SlippageSage
Scheduling slippage is even harder to tune than MEV
TrailingProfit
Cash flow has arrived ≠ trend confirmed; wait a little longer