Editorials and Opinion
Congress simply won’t do its job [Editorial] (San Antonio Express-News [TX] , 10/30/16)
Express-News Editorial Board: the Senate left town without doing its job of advice and consent. So another branch — the Supreme Court — is down a justice and at 4-4 gridlock. Along with a whole lot of other vacancies, the GOP majority has refused to act on President Barack Obama’s nomination of the highly qualified Merrick Garland to the court. He was nominated by a Democrat, you see. We read nothing in the Constitution about waiting until after the next election if you control the Senate but not the White House. The Supreme Court’s new term, by statute, begins the first Monday in October, and it generally ends in June or July. This is not a trifling matter…. Senate Majority Leader Mitch McConnell, promised a return to normalcy, which is to say “regular order.” … this kind of dysfunction deserves a simple question for congressional leadership: Why won’t you do your jobs?
My view: Confirm Ronald Russell for the District of Utah (Deseret News [UT] , 10/21/16)
Carl Tobias: "Russell is a well-qualified, mainstream nominee who enjoys the powerful support of Utah Republican Sens. Orrin Hatch and Mike Lee. The Senate Judiciary Committee approved Russell on May 19 without dissent. However, the nominee has languished on the floor ever since, principally due to GOP leaders’ refusal to allow his confirmation debate and vote.... Russell and many other highly qualified, moderate nominees have waited months for debates and votes. Sens. Hatch and Lee have requested a swift floor ballot, yet Mitch McConnell (R-Kentucky), the majority leader, has failed to arrange it. Several Democratic senators have sought unanimous consent to vote on many district nominees who need final votes, but Republicans have objected. ... It is past time for the Senate to vote on Ronald Russell."
Our Opinion: Federal courts still stalled by partisanship [Editorial] (Berkshire Eagle [MA] , 10/20/16)
"The spiteful refusal of Senate Republicans to do their constitutional duty and conduct hearings for President Obama's Supreme Court nominee is bad enough, but that high profile vacancy is the tip of the iceberg.
Highly qualified Court nominee Merrick Garland is a victim of the Senate majority's dereliction of duty, but there are more than 90 vacancies in the federal judiciary. This puts an extra burden on judges and slows down the wheels of justice, which is a disservice to people whose cases are stalled. The U.S. court system has declared 35 of the vacancies "judicial emergencies," which has made no impression on Senate Majority Leader Mitch McConnell and his team.
The stalling is transparently partisan in nature. In the nearly two years that the Republicans have controlled the Senate, only 22 of President Obama's nominees to the federal courts have been confirmed. In the two years that Democrats controlled the Senate during the administration of Republican George W. Bush, 68 of President Bush's nominees were confirmed.... Following Election Day, it would be an impressive gesture of healing if the Senate reversed that trend and moved ahead to fill these vacancies. That much-needed gesture would also ease logjams in courts from New Jersey to Texas"
Senate should vote on Paradise Baxter (Erie Times-News [PA], 10/19/16)
Carl Tobias, Letter to the Editor: "Paradise Baxter is a well-qualified, mainstream nominee who enjoys the powerful support of Pennsylvania Sens. Bob Casey, a Democrat, and Pat Toomey, a Republican. The Senate Judiciary Committee approved Paradise Baxter on Jan. 28 without dissent.... The district currently has four vacancies in 10 active judgeships.... Erie, which is where Paradise Baxter would sit and is Pennsylvanias fourth largest city, currently lacks an active district judge.
It is past time for the Senate to vote on Paradise Baxter."
Sen. Tammy Baldwin Keynotes Madison Lawyer Chapter Kick-off Event to Discuss Garland Nomination and Judiciary Crisis (American Constitution Society Blog, 10/14/16)
Jeff Mandell: "Sen. Baldwin spoke powerfully about the stalled nomination of Chief Judge Merrick Garland to the Supreme Court, the judicial vacancy crisis more broadly and the vital need for our country to move forward: “Leaving one seat vacant prevents our highest court from resolving major legal issues. It threatens the integrity of our democracy and the functioning of our constitutional government. It puts at risk the administration of justice across the country. As Justice Kagan said recently, ‘A tie does nobody any good.’ We need nine.”...She also addressed the vacant seat—by tradition designated for a Wisconsin nominee—on the U.S. Court of Appeals for the Seventh Circuit. That vacancy is the longest running opening on the federal appellate bench, having been open since January 2010. ... And she detailed the procedural delays that have kept President Obama’s nomination of Madison attorney Don Schott from receiving a vote on the floor of the Senate."
Elizabeth Wydra: Justice delayed by GOP inaction on U.S. court nominees (Morning Call [PA], 10/13/16)
"[T]he Constitution's promise of justice and due process is being undermined by Senate Republicans' abdication of their constitutional duty to advise and consent on judicial nominations. Despite an increasing number of vacancies since they gained control of the Senate in 2015, Republicans have confirmed just 22 nominees — a record low since the 1950s when the judiciary was half its current size. Federal courts around the country are short a total of almost 100 judges. Pennsylvania alone has six federal trial court vacancies, three of which have existed for over three years. The state is also affected by two vacancies on the Third Circuit Court of Appeals, which has jurisdiction over Pennsylvania. Sixteen of the total pending nominees have been in the pipeline for over a year, and 35 of the pending vacancies are considered to be "judicial emergencies," which means the courts on which they exist are excessively overburdened. The refusal of Senate Republicans to hold a hearing, much less hold an up-or-down vote, on the nomination of Judge Merrick Garland to the Supreme Court is especially egregious"
Cotton gets funny in Iowa (Arkansas Times, 10/11/16)
Max Brantley: accompanying Sens. Tom Cotton and Chuck Grassley to town hall meetings ... Cotton is a one-man roadblock to judicial appointees, from the Supreme Court to court of claims, not to mention juvenile justice reform and other useful work. So he's to give Grassley cover on the Republican blockade of President Obama's qualified and non-controversial Supreme Court appointee Garland."
Confirm Myra Selby for the Seventh Circuit (Indiana Law Journal , 10/07/16)
Prof. Carl W. Tobias: "This Article canvasses Selby’s dynamic professional record, the federal judicial selection process under President Obama, and the Seventh Circuit. It ascertains that Selby is an exceptionally competent, mainstream prospect and that the appellate court requires all of its members to deliver justice. However, Republican senators did not collaborate, particularly after they had captured a Senate majority—a circumstance that this presidential election year aggravates. The last section, therefore, proffers recommendations for Selby’s prompt Senate consideration and confirmation."
Bill Straub: If you find the present state of American politics deplorable, you have McConnell to thank (KyForward [Lexington, KY], 10/06/16)
"But that’s only a drop in the bucket compared to what McConnell is doing to the judiciary. Everyone is familiar with the case of U.S. Circuit Court Judge Merrick Garland, Obama’s choice to succeed the late Justice Antonin Scalia on the U.S. Supreme Court. McConnell vowed to sit on the nomination, leaving the high court to address crucial issues facing the nation during most of its last term and likely all of the current term without a full complement of justices, leading to a series of 4-4 votes that fail to result in establishing precedents.
But the bigger story is his apparent desire to destroy the totality of the federal judiciary. Since Republicans regained the majority in the 114th Congress, the Senate has confirmed a measly 22 judges — the fewest since 1952.
As a result, the number of empty judge seats on the district and circuit court levels has doubled to 92 and judicial emergencies – where vacancies are leading to serious problems — have tripled to an outlandish 35.
“Right now there are scores of empty judgeships across the country and everyday Americans are being denied justice, and GOP Senate leaders have made it clear that they just don’t care,’’ said Nan Aron, president of the Alliance for Justice.
McConnell, in that lighthearted way of his, dismisses complaints about his handling of judicial appointments by noting that President George W. Bush during his administration got fewer confirmations than Obama – 325 to 327 for Obama to date. That sharp analysis ignores the fact that Obama had more vacancies to fill – 418 to 359 for Bush, leaving Obama with 59 more openings. While Bush got about 91 percent of his judges confirmed, Obama has been limited to 78 percent because of GOP inaction."
Bill Straub: If you find the present state of American politics deplorable, you have McConnell to thank (Northern Kentucky Tribune, 10/06/16)
"But that’s only a drop in the bucket compared to what McConnell is doing to the judiciary. Everyone is familiar with the case of U.S. Circuit Court Judge Merrick Garland, Obama’s choice to succeed the late Justice Antonin Scalia on the U.S. Supreme Court. McConnell vowed to sit on the nomination, leaving the high court to address crucial issues facing the nation during most of its last term and likely all of the current term without a full complement of justices, leading to a series of 4-4 votes that fail to result in establishing precedents. But the bigger story is his apparent desire to destroy the totality of the federal judiciary. Since Republicans regained the majority in the 114th Congress, the Senate has confirmed a measly 22 judges — the fewest since 1952. As a result, the number of empty judge seats on the district and circuit court levels has doubled to 92 and judicial emergencies – where vacancies are leading to serious problems — have tripled to an outlandish 35. “Right now there are scores of empty judgeships across the country and everyday Americans are being denied justice, and GOP Senate leaders have made it clear that they just don’t care,’’ said Nan Aron, president of the Alliance for Justice. McConnell, in that lighthearted way of his, dismisses complaints about his handling of judicial appointments by noting that President George W. Bush during his administration got fewer confirmations than Obama – 325 to 327 for Obama to date. That sharp analysis ignores the fact that Obama had more vacancies to fill – 418 to 359 for Bush, leaving Obama with 59 more openings. While Bush got about 91 percent of his judges confirmed, Obama has been limited to 78 percent because of GOP inaction."
[Editorial] Justice delayed: Our view; Gamesmanship on nominees extends well beyond the Supreme Court. (USA Today, 10/06/16)
"The Republican-led Senate sure knows how to make history, but not in a good way. By leaving town Sept. 28 without acting on the nomination of Merrick Garland to the Supreme Court, it has left a nominee hanging for an unprecedented six-and-a-half-months without so much as a hearing — and left the Supreme Court limping along one justice short and vulnerable to more tie votes.
The foot-dragging extends well beyond the Supreme Court to the rest of the federal judiciary, where more than 50 other Obama nominees await hearings or confirmation votes.... Republicans have extended the typical battles over nominees to the Supreme Court and influential appeals courts down to the trial courts.
While these lower courts get less attention than the Supreme Court, they are the places where most people come in contact with the federal court system. Trial courts hear thousands of cases involving ordinary Americans: Entrepreneurs in contract disputes. Consumers targeted for fraud. Individuals arguing they’ve faced discrimination in seeking housing or a job.
Yet the Senate adjourned with more than 90 judgeships vacant — more than 10percent of the federal judiciary.
That’s the largest number since 1992 ... In the past two years, this Senate has confirmed just 22 of Obama’s nominees.
When many seats on the bench are empty and caseloads are heavy, justice is delayed. One seat on the North Carolina trial court has been empty for 11 years.
The problem is simple: Senate Republicans are shirking their constitutional responsibility to advise and consent on judicial nominations. Americans deserve enough federal judges to hear their disputes and a Supreme Court with a full complement of nine justices to rule on national issues."
Editorial: Burr needs to end petty political games, back Timmons-Goodson judicial appointment (Capitol Broadcasting Company [NC], 10/05/16)
The opinion of Capitol Broadcasting Company: "A current federal District Court judgeship for the Eastern District of North Carolina has been vacant for 11 years. It is longer, BY FOUR YEARS, than any other judicial vacancy in the federal courts system.
The confirmation of a nominee to replace Judge Malcolm Howard, who retired Dec. 31, 2005, has been embroiled in partisan political games that have ensnared at least three nominees. It is time for Sen. Richard Burr to bring them to an end.... In June 2013 Jennifer May-Parker, chief of the appellate division for the U.S. Attorney’s office for eastern North Carolina, was nominated. She’d been recommended by, among others, Sen. Burr. She’d have been the first black judge seated in the Eastern District – 27 percent of the population in the 44 counties is African-American. ... Burr never explained why he didn’t forward May-Parker’s name. ... Obama didn’t make another nomination until late April of this year – recommending Patricia Timmons-Goodson – a former justice on the N.C. Supreme Court and vice chairwoman of the U.S. Commission on Civil Rights. If Timmons-Goodson gains Senate approval, she’d be the first African-American on the Eastern District federal bench.
Immediately Burr, ... announced he’d block the nomination.... Civil trials take longer to get resolved, ... it is a growing problem. The Administrative Office of the U.S. Courts ... says it is an emergency and help is needed.
Burr voted against North Carolina native Loretta Lynch, the first African-American attorney General and has opposed two highly qualified black women nominated for the U.S. District Court. ... cynicism and dejection, given Burr and the rest of the Senate’s action on judicial nominations, is well earned.
While the political games surrounding the approval of a judge for the Eastern District may not have started with Burr, it is time – after 11 years -- for him get over it, declare victory and bring this vicious cycle to an end. Patricia Timmons-Goodson is a good and qualified nominee. She will be an excellent addition to the federal bench in eastern North Carolina – and relieve the backlog from 11 years of neglect.
Before the end of the year, Burr should announce he’s made his political point, support her nomination and demand the same from Thom Tillis, North Carolina’s other senator. The two should press for a vote in the Senate Judiciary Committee and approval by the full Senate."
Supreme Court Docket Reflects Dysfunction (American Constitution Society Blog, 10/04/16)
Joshua Smith: "For 234 days, the Supreme Court has been attempting to function with only eight members. This is in spite of President Obama’s nomination of Chief Judge Merrick Garland, undisputedly the most qualified Supreme Court nominee in decades. Despite his credentials, Judge Garland has become a political football, with the Senate refusing to even grant him a hearing during a heated election year. Senate leaders have articulated numerous justifications for this delay, but none counter two simple facts. First, the president is elected for a full four year term without regard to the electoral calendar. Second, on six occasions in the 20th century, Supreme Court justices were confirmed during a presidential election year. ... As of today, there are 108 current or impending federal judicial vacancies, 35 of which are considered emergencies. As these seats remain unfilled, dockets are paralyzed, straining the resources of sitting judges. The result is delayed, denied justice to those who rely on our courts to vindicate their rights."
Obama slams Republican senators for failing to fill Supreme Court opening (Arkansas Times, 10/04/16)
Max Brantley: "The U.S. Supreme Court is back at work one justice short because of the unprecedented roadblock Republican senators have thrown up to considering President Obama's nomination of the thoroughly uncontroversial Merrick Garland to fill the late Antonin Scalia chair.
The president blasted the senators today. Solidly among the obstructionists are Arkansas's senators, Tom Cotton and John Boozman .... Boozman and Cotton have been in the thick of all this. But Cotton has been particularly obstructive, also mounting single-handed blockades to filling vacancies on the federal court of claims"
EDITORIAL DAPA case unheard by unfilled Supreme Court (Monitor [McAllen, TX], 10/04/16)
"Every political poll conducted, to date, has listed immigration as a leading priority among Americans. Yet a case that is key to one of our nation’s most divisive issues is not being decided because of politics outside of the courts august chambers because just across the street, in the halls of Congress, Senate leaders have decided not to hold a vote to confirm President Obama’s choice to succeed Scalia.
We do not believe that is how our Constitution meant our country to be run. And certainly not for so long.
Justice Scalia died nine months ago .... In delaying to hold confirmation hearings on President Obama’s pick for nomination of Merrick Garland, Senate Republicans are in essence holding hostage one of our nation’s top issues.... Nevertheless, Republicans have been holding hearings to fill the more than 20 vacancies in federal district courts. And just two weeks ago, the Judiciary Committee held a hearing on five Texas judges.
Surely Americans will not forget how these Senate Republicans failed to perform their duties. Surely Americans will remember how long our nation’s judicial system was forced to operate without a full court."
Our Opinion: A do-later Congress (Greensboro News & Record [NC], 10/03/16)
"There’s still that Supreme Court vacancy. Republican senators are responsible for that. More than six months after President Barack Obama nominated Merrick Garland, the Senate has still refused to consider him. No one in modern history has waited longer for a hearing.
Republicans decided to deny President Barack Obama the chance to fill the seat opened by the death in February of Justice Antonin Scalia. Also stalled was the nomination in April of former N.C. Supreme Court Justice Patricia Timmons-Goodson to serve on the federal district court for eastern North Carolina."
GOP Admits Obama Judge Count Is More Important Than Fixing Judicial Crises: Republican senators are damaging an entire branch of government, and hiding behind a bogus statistic. (Huffington Post, 10/01/16)
Michael McAuliff & Jennifer Bendery: "Republicans won back the Senate, and in these final two years of Obama’s term, they’ve confirmed just 22 judges ― the slowest pace since 1952. (By comparison, Democrats approved 68 of George W. Bush’s judges in 2007 and 2008, and Republicans approved 73 of Bill Clinton’s nominees in his administration’s last two years.)
As a result, the number of empty judge seats has doubled to 92, and judicial emergencies have tripled to a stunning 35.... While Bush did get fewer confirmations than Obama ― 325, compared with Obama’s 327, according to Alliance for Justice ― he also had far fewer vacancies to fill. Just 359 seats opened during Bush’s eight years, while Obama has had 418. That means the need for new judges has been greater during Obama’s administration, with 59 additional vacancies to fill. And it means that by objective standards, Obama is being treated far worse than Bush by the Senate. While Bush got about 91 percent of his judges confirmed, Obama is at 78 percent."
McConnell should schedule confirmation votes for federal judges [Editorial] (Citizens Voice [Wilkes-Barre, PA], 09/30/16)
THE EDITORIAL BOARD: "The focus of Senate Republicans’ dereliction of constitutional duty has been on their refusal to engage in the confirmation process for highly qualified Supreme Court nominee Merrick Garland.
But during this two-year congressional session, confirmations at all levels of the federal judiciary have slowed to a trickle, resulting in a growing number of judicial vacancies and an expanding backlog of cases that reduce access to the courts and justice.
The Senate confirmed just 11 federal district judges in 2015, a 50-year low for a single year. Over the course of the two-year session to date, the Senate has confirmed just 22 judges. During the last two years of the George W. Bush administration, the Senate Democratic majority moved 68 of Bush’s nominees to confirmation.... Four nominees await confirmation to U.S. district courts in Pennsylvania. ... Rebecca Haywood, ... was nominated in March to the Third Circuit of Appeals, where she would be the first black woman to serve if confirmed."
How Barack Obama Lost the Judicial Nomination Standoff: Or did he win after all? (Slate.com, 09/30/16)
Dahlia Lithwick: "In March of 2009, Obama vowed to put the “confirmation wars behind us” and picked, as his very first judicial nominee, David Hamilton—a moderate, white, 14-year veteran of the federal bench—for an open seat on the 7th U.S. Circuit Court of Appeals. It should have been a snoozer. ... Comparing Obama’s selection of the unassuming Hamilton with the petting zoo of right-wing ideologues that George W. Bush had feted in the Rose Garden immediately after assuming office, Obama’s choice was tame....Months later, when it finally came time to vote, Hamilton was confirmed with a vote of 59–39. Lugar was the only Republican to vote yes. Hamilton has served with distinction since then. ... But the refusal to hold even a hearing or a vote for Judge Garland transcends the prior trend of ugly confirmation battles .... Today, as a result of Republican obstruction of Obama’s judicial nominations in the Senate, 35 courts are sufficiently shorthanded as to be designated “judicial emergencies.” When Obama took office in 2009 there were 12 such designations."
Senate leaves bench in need [Editorial] (Scranton Times-Tribune [PA], 09/30/16)
THE EDITORIAL BOARD: "The focus of Senate Republicans’ dereliction of constitutional duty has been on their refusal to engage in the confirmation process for highly qualified Supreme Court nominee Merrick Garland.
But during this two-year congressional session, confirmations at all levels of the federal judiciary have slowed to a trickle, resulting in a growing number of judicial vacancies and an expanding backlog of cases that reduce access to the courts and justice.... Four nominees await confirmation to U.S. district courts in Pennsylvania. Judges Susan Baxter and Marilyn Horan have been nominated to the bench in the Western District of Pennsylvania and cleared by the Senate Judiciary Committee. Senate Majority Leader Mitch McConnell refuses to schedule a final vote. Judge John Younge, nominated to a seat in the Eastern District, and Judge Robert Colville, nominated to the Western District, have not received hearings. The Judiciary Committee also has not scheduled a hearing for Rebecca Haywood, who was nominated in March to the 3rd Circuit Court of Appeals, where she would be the first black woman to serve if confirmed. Sen. Pat Toomey has not submitted a "blue slip" that is required to start that process."
Editorial: 'New page' as do-nothing as old page in Congress (Journal Star [Peoria, IL], 09/28/16)
"Not only can't the Senate deal with the president's nominee to fill one of the longest vacancies on the U.S. Supreme Court in the modern era, it's confirming other federal judges at the slowest pace since Joe McCarthy was drinking excessively and seeing communists around every corner."
Delay of Obama nominee for Eastern District federal judgeship hits five months (Progressive Pulse [NC], 09/28/16)
Melissa Boughton: "It’s been 3,924 days since a federal judgeship in the Eastern District of North Carolina was left vacant. That’s more than 10 years for those who aren’t good at math, or, in layman’s terms, it’s the longest unfilled federal vacancy in the nation.
Today marks five months since former Supreme Court of North Carolina Justice Patricia Timmons-Goodson was nominated by President Barack Obama to fill the vacancy and five months since North Carolina Sen. Richard Burr announced he would block her nomination.... it’s the people and the businesses in the Eastern District who continue to suffer – not the president on his last leg. The U.S. Courts declared a judicial emergency there years ago.
Timmons-Goodson has earned the American Bar Association’s highest rating of “well-qualified,” and would be the first person of color to serve as a federal judge in the state’s eastern district.
In the words of Glenn Sugameli, a senior staff attorney at Defenders of Wildlife and expert in federal judicial selection, “It is literally true that justice delayed is justice denied.”"
Process court nominees quickly (News Journal (DE), 09/28/16)
Timothy Hitchings, Letter to the Editor: "Professor Reynolds reminded us of the nomination of Merrick Garland, which the Senate has been neglecting for six months. Here's an answer to that: Amend the Constitution to require that the Senate vote on a president's judicial nomination within 50 days (while the Senate is in session). If the Senate neglects its duty, the nominee takes his or her seat on the bench."
Justice delayed is justice denied (WIZM [WI], 09/28/16)
Program Director, Scott Robert Shaw: "Justice delayed is justice denied. That is why it is important to fill vacancies on our courts. It has now been an unprecedented 6 months since President Obama nominated Merrick Garland for a seat on the U.S. Supreme Court. Until now, a U.S. Supreme Court nominee has never had to wait more than 125 days for a confirmation vote. Republicans who control Congress say the confirmation hearing should wait until after Obama's term ends. But 17 Supreme Court justices have been confirmed during an election year, including current Justice Kennedy, a nominee of President Reagan, confirmed by a Democratic Senate 1988, a presidential election year. But senator Ron Johnson of Wisconsin is among those continuing to refuse to schedule a hearing. Johnson also continues to block the nomination of another justice, Donald Schott, who has been nominated for what is called “the Wisconsin seat” on the 7th U.S. Circuit Court of Appeals. This vacancy is the longest in the nation. It has been 2500 days since the opening was announced, but still no confirmation hearing has been scheduled. It is important that our courts not have empty seats. Our members of Congress need to do their jobs, so our courts can properly do theirs."
Charting Senate dysfunction (Washington Post, 09/27/16)
Catherine Rampell: "So far, just 11 Article III judges have been confirmed this year, the same number confirmed in 2015. That is the fewest judges getting through the process since 1960. And note that in 1960, there were only about a third as many total authorized Article III judgeships as there are today, meaning that the Senate likely had fewer openings to fill back then.
If you’re looking at confirmations over the full course of a two-year Congress (rather than a single calendar year, as charted above), this Senate is currently on pace to have the lowest number of confirmed judges since 1951-1952."
Another year of Congress, another string of broken promises (Washington Post, 09/27/16)
Catherine Rampell column: "Under Republican leadership, the Senate is on track to work the fewest number of days in a session in six decades. It also took the longest summer recess in the modern era.
It can’t get anyone confirmed, either.
Merrick Garland, President Obama’s Supreme Court pick, famously can’t get a hearing, but he’s hardly the only nominee being snubbed. The Republican-led Senate has confirmed just 22 federal judges this Congress, putting it on pace for the lowest number of confirmed judges since the 1951-1952 Congress, according to the Alliance for Justice. For context, the Senate had confirmed more than three times as many judges by this point in the final Congresses of previous two-term presidents George W. Bush, Bill Clinton and Ronald Reagan. In all these cases, mind you, presidents had also faced Senates controlled by the opposing party."
Edit Memo: The Numbers Make Clear: Republican Senators Still Refuse to Do Their Jobs (People For blog, 09/27/16)
Paul Gordon: "Since the Senate returned three weeks ago:
McConnell has not allowed a vote on any judicial nominees.
The number of Article III vacancies is now 91 (one Supreme Court, 12 circuit courts, 76 district courts, and two Court of International Trade), a vacancy rate about double of that when the GOP took over the Senate last year.
The number of vacancies officially designated as emergencies has increased to 35.
The number of Article III judicial nominees languishing on the Senate floor without a vote has increased to 25
In fact, McConnell has allowed only six judicial confirmation votes in the past six months. Only 20 circuit and district courts and two International Trade nominees have been confirmed so far this entire Congress, which is breathtakingly low by historical standards.
Senate GOP leaders could have done what Democratic leaders did at the same point eight years ago, two months before the election to replace George W. Bush. During the month of September, then-chairman Patrick Leahy held committee hearings and votes for ten Bush nominees, and then-Majority Leader Harry Reid arranged for all ten to be confirmed at the same time by unanimous consent on September 26."
A Presidential Debate Question That Must Be Asked (American Constitution Society Blog, 09/26/16)
Caroline Fredrickson: "If you were president of the United States, how would you work with the Senate to avoid gridlock over confirmation of Chief Judge Merrick Garland or other judicial nominations in a process that currently threatens a shutdown of the federal bench? ... We are in the middle of a Constitutional crisis when it comes to judicial nominations. Not only because of the politics of it all, which are despicable, but because every day Americans are seeing justice delayed as cases languish, sometimes for years, because there simply are not enough judges to hear them. Put simply, Americans are not getting their day in court. Let’s take a look at the numbers to illustrate just how dire the situation is.
More than 10 percent of federal judgeships are vacant. There are over 100 current and known future Article III judicial vacancies – a near record number. A third of these vacancies are considered judicial emergencies by the nonpartisan Judicial Conference. And the numbers are only getting worse. Since just last year, the number of current vacancies has more than doubled, while the number of judicial emergencies has nearly tripled. But leaders in the Senate are picking politics over justice."
Give Judge Gallagher a final vote (Baltimore Sun, 09/26/16)
Prof. Carl Tobias: "On Sept. 8, 2015, President Barack Obama nominated Stephanie Gallagher, who has served as a U.S. Magistrate Judge in the District of Maryland since 2011, for a vacancy on the district of Maryland. Judge Gallagher is a well qualified, mainstream nominee who enjoys the powerful support of Maryland Democratic Sens. Barbara Mikulski and Ben Cardin. The Senate Judiciary Committee approved Judge Gallagher on Oct. 29 without dissent. However, the nominee has languished on the floor ever since, principally due to GOP leaders' refusal to allow her confirmation debate and vote.
Because Judge Gallagher is an experienced, consensus nominee and the district of Maryland needs this vacancy filled, the Senate must promptly conduct her final debate and vote.... Several Democratic senators have sought unanimous consent to vote on Judge Gallagher and 18 remaining district nominees who also need final votes, but Republicans have objected. If the GOP follows regular order, Judge Gallagher will apparently receive a floor ballot soon."