A project tracking federal judicial nominations and courts.
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 Editorials and Opinion
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Conservative Blogger’s Wobbly Take on D.C. Appeals Court’s Need for Judges (American Constitution Society Blog, 03/04/13)
Kristine Kippins: "The truth is that when Thomas Griffith was confirmed to the 11th seat on June 14, 2005, there were 1,313 pending cases in the Circuit (as of March 30, 2005). His appointment yielded 119 pending cases per active judge. Now, there are only seven active judges on the D.C. Circuit, not the eight Whelan claims. He failed to note that Judge David Sentelle took senior status Feb. 12 of this year. When you divide the number of currently pending cases (1,315) by the seven active judges, you get 188 pending cases per active judge. ... the caseload has not increased significantly since 2005; however the court has lost four of its judges since then."
Obama vows to make nominations a priority, but will it matter? (Washington Post, 03/04/13)
Jamelle Bouie: "That Obama has made the judiciary a priority is a welcome change from his first term, but again the question remains: Will Senate Republicans confirm his nominees? ... it’s hard to believe that Republicans will allow Obama to shape the federal bench. The filibuster has been as much of a tool for blocking judicial nominees — like Goodwin Liu or Caitlin Halligan — as its been for blocking legislation"
“If it Ain’t Broke”—Believe Me, it’s Broken! (Bismarck [ND] Tribune, 03/03/13)
Clay Jenkinson column: "At any given time, at least during Democratic presidencies, unhappy senators place a hold on anywhere between half a dozen and a couple of dozen nominees, usually to federal judgeships. The problem of vacant judgeships is one of the most significant issues in American jurisprudence. On some occasions senators have some actual political objection to a nomination, but just as often they use holds as a form of political blackmail, to force the administration to attend to some personal agenda or frustration not worth a moment of Congressional time."
Senate should fill gaps in Court of Appeals (Bowling Green Daily News [KY] , 03/02/13)
PATRICIA M. WALD: "The two D.C. Circuit nominees before the Senate are exceedingly well qualified. Caitlin Halligan served as my law clerk ... Sri Srinivasan, has similarly impressive credentials and a reputation that surely merits prompt and serious consideration of his nomination."
Vacancies, backlogs plague federal judiciary as partisan ties cause delays in filling emergency openings across the nation (Houston Chronicle, 03/01/13)
Gary Martin: "Partisan politics are being blamed for the rising number of empty benches, which have continued to grow in this Congress. The White House and Democrats specifically blame Republicans of slowing down the process. The result is that emergencies exist in 21 states, including California, Texas, New York, Washington, Arizona and Florida. ... analysis by the non-partisan Congressional Research Service shows that, from Jan. 20, 1981, to May 31, 2012, the median number of days an Obama nominee waited for confirmation to a district court seat was more than four times that of nominees for President George W. Bush.
According to the analysis, an Obama nominee to a federal district court waited 90 days from a positive Judiciary Committee report to Senate confirmation, compared to just 21 days for Bush nominees.
Obama's appellate court nominees waited 132 days for nomination, compared to 18 days for those nominated by Bush."
Opinions: Senate must act on appeals court vacancies [Print Headline: Holes in the D.C. Bench] (Washington Post, 03/01/13)
Patricia M. Wald: "The D.C. Circuit has 11 judgeships but only seven active judges. There is cause for extreme concern that Congress is systematically denying the court the human resources it needs to carry out its weighty mandates. The court’s vacancies date to 2005, and it has not received a new appointment since 2006. The number of pending cases per judge has grown from 119 in 2005 to 188 today. A great many of these are not easy cases. The D.C. Circuit hears the most complex, time-consuming, labyrinthine disputes over regulations with the greatest impact on ordinary Americans’ lives: clean air and water regulations, nuclear plant safety, health-care reform issues, insider trading and more. ...During my two-decade tenure, 11 active judges were sitting a majority of the time; today, the court has only 64 percent of its authorized active judges. ... The two D.C. Circuit nominees before the Senate are exceedingly well qualified. Caitlin Halligan served as my law clerk ... The other nominee, Sri Srinivasan, has similarly impressive credentials ... I urge the Senate to confirm the two pending nominations to the D.C. Circuit, so that this eminent court can live up to its full potential in our country’s judicial work."
How Chuck Grassley Plans To Give The NRA Veto Power Over Judges (Think Progress, 02/28/13)
Ian Millhiser: "As soon as next week, the Senate is expected to consider Caitlin Halligan’s nomination to the United States Court of Appeals for the D.C. Circuit.... the NRA’s case against Halligan is exceptionally weak. As Solicitor General of New York, Halligan’s job was to advocate on behalf of the state’s legal positions whether she agreed with them or not. New York took a position that departs from the NRA’s maximalist views on guns, and Halligan did her job by arguing her client’s position in court.
Simply put, a government attorney’s arguments on behalf of the government they represent says virtually nothing about how they actually view a particular legal issue."
Editorial: Senate finally confirms Bacharach 93-0; Print Headline: Ridiculous delay (Tulsa World [OK] , 02/28/13)
". Bacharach had waited 263 days for a Senate floor vote. That's a ridiculous delay for a nominee who had the support of both his state's senators, Tom Coburn and Jim Inhofe, and the nearly unanimous bipartisan support of the Senate Judiciary Committee. ... As Jennifer Palmieri pointed out in a Feb. 25 White House Blog:
"In short, Republicans recommended Robert Bacharach for this important position, endorsed him publicly, supported him nearly unanimously out of the Judiciary Committee, then blocked him from getting a vote - and now, after almost a year of pointless delay, joined in unanimously confirming him. Even Sen. Coburn, himself a participant in the partisan chicanery, called this 'stupid.' " Well said. ... Confirmation woes continue, however, with 35 other highly qualified judicial nominees still waiting for a hearing or a vote. For what reason? Sheer partisan meanness and obstinacy.
In his first term, Obama's judicial nominees waited an average of three times as long between committee approval and confirmation as did President George W. Bush's first-term nominees.
These delays interfere with the smooth administration of justice and keep the public waiting for its day in court. The U.S. has three branches of government but one - the legislative - is obstructing the other two - executive and judicial - by engaging in petty partisan politics."
The Judicial Nominations Waiting Game (American Constitution Society Blog, 02/27/13)
E. Sebastian Arduengo: "Two hundred and twenty three days is a long time to wait for a new job. Yet, that’s the average number of days that an Obama judicial nominee must wait from nomination to confirmation. While they’re waiting, they have to put their professional lives on hold ... many have waited much, much longer. Caitlin Halligan, one of President Obama’s nominees to the influential Court of Appeals for the D.C. Circuit has been waiting nearly three years ... When judges have to wait to take their posts, ordinary people have to wait increasingly longer for routine legal matters to get resolved."
Another View: Judges deserve up-or-down vote (Des Moines Register [IA] , 02/26/13)
DENNIS COURTLAND HAYES, president of the American Judicature Society: "Obstruction and delay unquestionably do great harm to our justice system when seats on the federal bench go unfilled ... percentages have risen to the point that 64 percent of President Obama’s noncontroversial circuit court nominees have waited at least 200 days for confirmation votes. The 113th Congress has an opportunity to defy recent history and commit to prompt confirmation hearings and vigorous floor debate, followed by an up-or-down vote. Even if our elected officials cannot agree on tax and spending policies, they must do this. A broken judicial nomination and confirmation process does far more damage than merely creating persistent vacancies. It contributes to a cynical view of the judiciary as just another instrument of partisan warfare, rather than a separate and co-equal branch of government committed to the fair and timely administration of justice. It results in painful and costly delays for Americans seeking justice in our federal courts. ... All nominees deserve a full, fair and prompt debate, then an up or down vote."
When the judicial confirmation process gets 'stupid' (Maddow Blog {MSNBC], 02/26/13)
Steve Benen: "As Senate Republicans take obstructionist tactics to levels unseen in American history, the effects are seen throughout government, most notably on the federal courts. Because the GOP minority cares more about blocking President Obama's judicial nominees than the courts' ability to function, there are an extraordinary number of judicial vacancies, with more on the way.... Robert Bacharach offers a perfect example of how the GOP is actually getting worse ... Republicans filibustered a judge they like. The Senate GOP asked Obama to nominate Bacharach; the president agreed; and Republicans blocked their own choice for 263 days anyway. Why? Because Republicans chose to obstruct for the sake of obstructionism. Even Tom Coburn, whom no one would fairly characterize as a moderate, called this "stupid." ... the longest delay ever seen for a judicial nominee who had literally no opposition."
Better late than never for Oklahoma judge nominee (Oklahoman, 02/26/13)
Scissor Tales: The Oklahoman's editorial writers blog by Owen Canfield: "silly political games got in the way — Senate Republicans hoping for a change in the White House refused to allow votes on circuit court nominees in advance of the election. Coburn and Inhofe, sadly, did nothing to help Bacharach’s cause. The folly of this gamesmanship is reflected in Monday’s vote on Bacharach by the full Senate’s — 93-0."
Would-Be Federal Judges Face The Washington Waiting Game (National Public Radio, 02/25/13)
Carrie Johnson: "To understand what's happening with federal judge vacancies, consider this: The Senate votes Monday night on the nomination of Robert Bacharach to sit on the federal appeals court based in Denver. Bacharach won support from both Republican senators in his home state. But he's still waited more than 260 days for a vote. Those delays are becoming a source of frustration for White House counsel Kathryn Ruemmler. She says Congress is falling down on its job, leaving close to 90 judgeships, or about 10 percent of the federal judiciary, unfilled. Even candidates who aren't controversial are waiting for months. "I think the president's message is that this unnecessary and needless delay needs to stop," Ruemmler says. "This is a commitment that the Senate and the president need to make to the American people — that we are going to do what we can to ensure that the third branch of government is fully staffed with the highest quality nominees. And he is doing everything he can in order to ensure that that happens, and he's asking for the Senate to join him in that effort.""
White House counsel Kathryn Ruemmler on judicial vacancies and confirmation delays (The White House, 02/25/13)
Those delays are becoming a source of frustration for White House counsel Kathryn Ruemmler. She says Congress is falling down on its job, leaving close to 90 judgeships, or about 10 percent of the federal judiciary, unfilled. Even candidates who aren't controversial are waiting for months. "I think the president's message is that this unnecessary and needless delay needs to stop," Ruemmler says. "This is a commitment that the Senate and the president need to make to the American people — that we are going to do what we can to ensure that the third branch of government is fully staffed with the highest quality nominees. And he is doing everything he can in order to ensure that that happens, and he's asking for the Senate to join him in that effort."
Opinion: GOP blockade hurts us all (The Hill, 02/25/13)
Juan Williams: "Never before has the minority party in the Senate filibustered a president’s nominee for a Cabinet post, let alone the secretary of Defense. Now that the precedent is set, the next step for the GOP is filibustering an Obama Supreme Court nominee. ... there are 35 judicial nominees waiting for confirmation. Thirty-three of them have been blocked in the Senate. ... Maybe the Hagel blockade will change the political dynamics surrounding filibuster reform before the GOP can filibuster Obama’s next Supreme Court appointment."
1st Circuit Gets First Judicial Appointment Approval Since June (Findlaw, 02/22/13)
William Peacock, Esq.: "No wonder there are so many complaints about judicial shortages, both in the First Circuit and beyond. For the first time since June of last year, our legislature has approved a nominee to the federal courts. It should come as no surprise then that Judge William Kayatta, Jr. was probably the least controversial appointee imaginable. ... So what was the actual reason for the delay? Partisan politics, of course."
Toomey, Casey cooperation lauded (Erie Times-News [PA], 02/21/13)
Carl Tobias Letter to the Editor: "Senators must break the logjam that has left the federal courts with as many as 110 vacancies the last three years, and Sen. Bob Casey and Sen. Pat Toomey are doing their part. They cooperated to fill two long-standing Middle District vacancies and are working hard to fill six vacancies in the Eastern District for which President Barack Obama has nominated three fine choices whom the senators recommended. The courts need all of their judges to deliver justice."
Letter, 2/20: Stop the delays (Lincoln Journal Star [NE], 02/20/13)
Earl Flittner: "Our own Deb Fischer did her part by casting a no vote to end debate and bring the [Hagel] nomination to the floor for a vote. Mike Johanns voted yes, for which I commend him. In addition to these two high-profile nominations, there are 89 vacancies on federal district and appellate courts. There are currently 36 nominations pending. Some of these have been approved by the Senate Judiciary Committee but have not received a vote. As President Obama said in his State of the Union address, these nominees deserve a vote. Our elected senators owe all of us a vote."
Justice Delayed Is Democracy Denied (Legal Intelligencer, 02/19/13)
Parick Murphy: "In his book The Pursuit of Justice, Bobby Kennedy said, "Justice delayed is democracy denied." The U.S. Senate has held up presidential appointments to the federal bench in historic numbers, delaying justice from being served by creating judicial emergencies all over the country, including here in Pennsylvania. ... Ellen Meriwether, the head of the Philadelphia Bar Association's federal courts committee, agreed that "the winds of compromise seem to be blowing over Washington again." She also added that "hopefully, they will blow this way." ... Unless the Senate acts,
Bobby Kennedy's words will remain true. Justice delayed is democracy denied."
Editorial: Stall tactics continue (Carroll County Times [MD], 02/18/13)
"According to the Associated Press, nearly half of Obama’s judicial nominees have waited more than 100 days for confirmation. That compares to about 10 percent of President George W. Bush’s nominees who waited that long because Democrats blocked votes. Nationwide, the AP reported, 90 out of 874 federal judgeships are vacant, with 31 of those vacancies labeled emergencies by the judiciary because of heavy caseloads. It would be one thing if votes were delayed because senators had serious reservations about the nominee. Most often, however, that isn’t the case. Usually if they do come up for a vote the support is overwhelming."
Vacancy and Vacant Visions (Desert Beacon blog [NV], 02/18/13)
"Republican obstructionism in the United States Senate is now having an impact on federal cases in Nevada.... Civil cases will pile up in the backlog as three judges take on a workload intended for seven.... It’s time to remember that Justice Delayed is Justice Denied."
Senate logjam on judicial confirmations creates judge shortage in Nevada (Las Vegas Sun, 02/18/13)
Karoun Demirjian: "political and procedural standoffs have stymied President Barack Obama’s attempts to get dozens of his nominees’ bids approved in the Senate, leaving dozens of gaping holes on benches across the country. But in few states has the situation reached such a fever pitch as it has in Nevada, where three of the state’s seven seats on the federal bench have become vacant in the past year. Seasoned lawyers say it’s the most troubling federal court crisis they’ve seen in Nevada in decades. And, they warn, it’s a crisis with real consequences. ... If the pending caseload were calculated across the number of full-time judges on the bench, it would skyrocket to 1,090 cases per judge, well above what it takes to be classified as a judicial emergency.... at any time, Nevada could be hit with a fourth vacancy: Judge James Mahan of Las Vegas is eligible to retire this year."
10th Circuit Court up to three open seats (Wichita Eagle [KS] , 02/18/13)
Editorial Department Blog: "Nearly two years after Kansas Sens. Pat Roberts and Jerry Moran derailed President Obama’s nomination of former Kansas Attorney General Steve Six to the 10th U.S. Circuit Court of Appeals in Denver, the court now has three of the 18 vacancies on federal appeals courts nationwide, noted Carl Tobias"
GOP hardball on Hagel nomination is risky: editorial (Cleveland Plain Dealer [OH] , 02/17/13)
"This is a rare Cabinet appointment filibuster, but on lower-level jobs and judgeships, delay has become a constant of what passes for governing in the nation's capital. No wonder so many Americans, regardless of party, have such a low opinion of Congress."
Editorial: Collins can take lead on judicial nomination backlog (Bangor Daily News [ME], 02/17/13)
"We applaud the U.S. Senate’s long-overdue confirmation of Cape Elizabeth attorney William Kayatta Jr. ... It’s a travesty that he — and those who rely on the Boston-based appeals court to settle time-sensitive legal questions — had to wait more than a year ... Collins was persistent in advocating for Kayatta’s nomination. She should now parlay that success, and her new position as Maine’s senior senator, to spur fellow Senate Republicans to drop their stonewalling on other judicial nominations. ... Senate Republicans should set aside their resistance to floor votes on nominees for federal court vacancies. If not, the GOP should be held accountable for the damage that trial delays and short-staffed federal benches do to the nation’s legal system....experience gives her the credibility to convince her GOP peers that they could suffer greater political harm by being blamed for a bogged-down court system than from pressure exerted by conservative groups to keep Obama nominees off the federal bench by stalling their confirmation votes."
OUR VIEW: Thumbs down (Hickory Daily Record [NC], 02/16/13)
"THUMBS DOWN to the partisanship that has impeded the seating of badly needed federal judges. Republicans have slowed approval of President Obama's nominees to a crawl.... Republicans want to minimize Obama’s influence in federal court, just as Democrats tried during President Bush’s two terms. The GOP has made an art of evading up-or-down votes. ... Judicial vacancies slow the legal process. Justice delayed is justice denied.... we do insist on voting yes or no without undue delay after the nominations clear the Senate judicial committee. Vote up, vote down – but keep the confirmation process rolling."
Editorial: Not enough judges, not enough justice (San Francisco Chronicle [CA] , 02/16/13)
"The Republicans, though a minority, have been able to block or slow many of President Obama's nominations. Fortunately, recently enacted filibuster reform has reduced the length of time that delaying tactics can be employed in district court appointments.
Feinstein has reintroduced legislation to add four judgeships in the overworked eastern district courts of California. And the logjam shows signs of breaking up a little - several California nominations have emerged from the Senate Judiciary Committee in recent days. Still, the system is agonizingly slow. ... This shouldn't be a matter of politics. It's a matter of justice."
Democrats Should Blame Themselves for the Hagel Filibuster (Atlantic, 02/15/13)
Garrett Epps: "The new rules do provide this small change: If the nomination is for a federal district judgeship, the Senate may only debate two more hours after the majority leader has pulled 60 votes out of his hat. And the two hours of debate must be real debate involving human beings on the floor. What this means, veteran Congress-watcher Norman Ornstein said in an email, is that "a full partisan filibuster against a district judge will block confirmation, but if you have a bunch of individual holds, the leader now can bring the nominations up almost en bloc and get them through without the scores of hours of delay otherwise." If, however, the nomination is for a Court of Appeals or Supreme Court post -- if, in other words, it's a nomination that truly matters to the political balance of the federal bench -- there is no change. Even after "cloture," the Senate must allow 30 full hours of debate on the nomination if the minority wants to use it.... Defenders of the rule changes insist that the district-court changes will "free up" time on the Senate calendar and make it easier for the majority to bring controversial appellate nominations to a vote. I will believe it when I see it. Look ahead to a possible opening on the Supreme Court ... Republicans will also, I predict, try to stonewall any nominee for the D.C. Circuit, the most important regulatory court in the country.
In terms of judicial nominations -- and the ongoing emergency caused by the failure to confirm nominees over the past decade -- the big Senate deal earned us practically nothing."
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