A project tracking federal judicial nominations and courts.
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 Senator Statements
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Sen. Leahy Floor Statement on Republican Obstruction of Obama Judicial Nominations
(Democrat - Vermont)
12/22/10
Senate Republicans have finally consented to consider half of the judicial nominations that have been pending on the Senate’s Executive Calendar, some for nearly a year, awaiting a final Senate vote. We began with 38 judicial nominees to be considered and the Senate is being prevented from voting on 19. These are all superbly qualified nominees, most were reported with bipartisan support and many unanimously. Thirteen of these nominations on which we are not being allowed to vote are to fill judicial emergency vacancies, as determined by the nonpartisan Administrative Office of the U.S. Courts.... Senate Republicans’ strategy of delaying and blocking judicial nominations across the board has led to judicial vacancies nearly doubling over the last 2 years. Vacancies remain at nearly 100 with more than 40 judicial emergencies. The Republican leadership was unmoved by pleas from the President, the Attorney General, two Supreme Court Justices, the President of the American Bar Association, the Federal Bar Association, retired Federal judges, current chief judges and Federal prosecutors calling on the Senate to address the growing vacancies crisis. They disregarded the pleas to end the senseless delays and needless blockade of consensus nominations and to vote whether to confirm the nominations sent forward by the Senate Judiciary Committee to fill the vacancies in the Federal courts.
Sen. Leahy: Senate Unanimously Confirms Long-Pending Circuit Court Nomination, Three District Nominees
(Democrat - Vermont)
12/18/10
“Thirty federal circuit and district court nominations favorably reported by the Judiciary Committee remain ready for final vote,” said Leahy. “These include 21 nominations reported unanimously and another three reported with strong bipartisan support and only a small number of no votes. These nominations should have been confirmed within days of being reported. With judicial vacancies at historic highs, we should act on these nominations.”
Senator Patrick Leahy Statement on Judicial Nominations
(Democrat - Vermont)
12/10/10
"Now 38 judicial nominees whose qualifications are well established are being delayed. They should be confirmed before we adjourn.... Twenty-nine of the judicial nominees whose confirmations are being stonewalled were not opposed by any Senator, Republican or Democrat, during Judiciary Committee consideration. Two others had only one or two votes in opposition. Committee Republicans voted in lockstep to oppose only four of the 38 pending nominations. I believe that if debated by the Senate, those nominations, too, would be confirmed."
Leahy: Senate Must Act On Judicial Nominations
(Democrat - Vermont)
12/01/10
Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) spoke on the Senate floor today, again urging the Senate to act on more than 30 judicial nominations pending before the full Senate. The Judiciary Committee Wednesday morning voted to advance another 11 judicial nominations – 10 of them unanimously – to the full Senate.
There are now 34 judicial nominations awaiting final votes by the full Senate, including 26 nominations that received unanimous support from the Judiciary Committee.
National Law Journal: One Last Shot--Democrats aim for votes on controversial judicial nominees
(Democrat - Vermont)
11/22/10
Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) said he supports Democrats using a week or more of the "lame duck" session in order to confirm nominees such as Goodwin Liu for the U.S. Court of Appeals for the 9th Circuit. ... "The better thing would be if you have people who responsibly use the filibuster," said Leahy, who supported filibusters against some of President George W. Bush's judicial nominees. "But," he added, "if this is the only thing you can do, then you have to do it."
Sen. Leahy Statement at Nov. 18 Judiciary Committee Business Meeting
(Democrat - Vermont)
11/18/10
"Today we have the opportunity to make significant progress on presidential nominees. We have six judicial nominees who had hearings in mid-September and were on the agenda for the meeting scheduled for September 30. ...We also have on the agenda today judicial nominees who participated in a hearing seven weeks ago. I would hope Members would allow our consideration of these five judicial nominees, as well. I believe they, too, can be reported to the Senate with bipartisan support—I know that Senator Cornyn supports the nominee from Texas."
Sen. Leahy Statement at Nov. 17, 2010 Hearing On Judicial And Executive Nominations
(Democrat - Vermont)
11/17/10
"the Federal judiciary is currently more than 180 judges short of those needed.
Just yesterday we received a letter from Ninth Circuit Chief Judge Alex Kozinski, an appointee of President Reagan, and the other members of the Judicial Council of the Ninth Circuit, who wrote "to emphasize [the] desperate need for judges." The Ninth Circuit is the Nation's largest Federal circuit. Judge Kozinski and the Judicial Council, including the chief judges of the district courts in that circuit, wrote that "[c]ourts cannot do their work if authorized judicial positions remain vacant" and urge "that the Senate act on judicial nominees without delay."
This letter echoes other recent warnings we have received about the cost of skyrocketing vacancies from individuals and organizations like the Federal Judges Association, the American Bar Association, the Chief Judge of the D.C. District Court, Supreme Court Justices, and even the President of the United States. President Obama wrote to the Majority and Minority Leaders of the Senate that the continuing inaction on judicial nominations "is undermining the ability of our courts to deliver justice to those in need." Justice Kennedy addressing the Ninth Circuit Conference about the cost of judicial vacancies in California and around the country said that "if judicial excellence is cast upon a sea of congressional indifference, the rule of law is imperiled.""
Leahy: Senate Recesses Without Confirming Judicial Nominees
(Democrat - Vermont)
09/30/10
“Republicans have allowed the Senate to consider and confirm only 41 of President Obama’s circuit and district court nominations over the last two years. In stark contrast, by this date in President Bush’s second year in office, the Senate with a Democratic majority had confirmed 78 of his Federal circuit and district court nominations. That number reached 100 by the end of 2002, all considered and confirmed during the 17 months I chaired the Senate Judiciary Committee.”
Sen. Leahy: Senate Judiciary Committee Reports 7 Judicial Nominees; 23 Nominees Now Await Senate Votes
(Democrat - Vermont)
09/23/10
"Nominations reported to the full Senate as long ago as January have been stalled on the calendar. Seventeen of the nominations were reported unanimously by the Judiciary Committee. ... District court nominations have waited on average more than three times longer for votes on the Senate floor after being reported by the Judiciary Committee than did President Bush’s district court nominees. Circuit court nominees have waited five times longer for a Senate vote after being favorably reported by the Committee."
Sen. Leahy Statement at Sept. 15 Hearing on Judicial Nominations
(Democrat - Vermont)
09/15/10
"Several recent newspaper articles have discussed the judicial vacancy crisis that has been created by the Republican strategy of slow-walking the Senate's consideration of noncontroversial nominations. These include many nominees who, when they finally get a vote after waiting months and months and months, get a unanimous vote. These include nominees who have the strong support of Republican home state Senators, yet still have required cloture votes to proceed. These include district court nominations, which are traditionally considered without delays, and they have never been targeted for obstruction by Democrats or Republicans when they have been supported by their home State Senators."
Sen. Leahy July 22, 2010 Floor Statement: Judicial Nominations
(Democrat - Vermont)
07/22/10
"earlier this week, I came to the Senate with the respected senior Senator from Tennessee and sought a time agreement to consider Jane Stranch of Tennessee, a judicial nomination that has been stalled by the Republican leadership for more than 8 months. It is one of more than 20 judicial nominations being delayed from Senate consideration by Republican objection. Despite the support of Senator Alexander, the senior Senator from Tennessee who is part of the Republican leadership, the Republican leader objected to a time agreement to consider the Stranch nomination to the Sixth Circuit.... by this date during the second year of the Bush administration, the Senate had confirmed 58 of his judicial nominations and we were on the way to confirming 100 by the end of the year. By contrast, Republican obstruction of President Obama's judicial nominees has meant that only 36 of his judicial nominees have been confirmed.... Two nominees from North Carolina to the Fourth Circuit were the subject of a request for a time agreement by the Senator from North Carolina last week. The Republican leader objected to any agreement to debate and vote on those nominations, as well. I note that one of those North Carolina nominations was reported unanimously by the Judiciary Committee, and the other received six Republican votes in favor and only one vote against. They are supported by both Senators from North Carolina, one a Republican and one a Democrat."
Sen. Leahy: Senate Republican Leader Objects – Again – To Debating Long-Pending Circuit Court Nomination
(Democrat - Vermont)
07/20/10
"The nomination of Jane Stranch to the federal appeals court for the Sixth Circuit was reported by the Senate Judiciary Committee more than eight months ago with bipartisan support, but has languished on the Senate’s executive calendar. ... Senator Lamar Alexander, a Republican from Stranch’s home state of Tennessee, has sought consent from Senate Republicans to consider the nomination, but like Leahy’s request Tuesday, the efforts have been rejected. There are more than 20 judicial nominations pending on the Senate calendar, including 12 which were reported by the Committee unanimously. Last week, McConnell objected to a consent request to schedule debate and votes on the nominations of James Wynn and Albert Diaz to seats on the Fourth Circuit Court of Appeals. Both nominations were reported by the Judiciary Committee in January. Wynn’s nomination was reported unanimously; Diaz’s nomination was reported by a vote of 18-1."
Sen. Leahy Floor Statement on Judicial Nominations
(Democrat - Vermont)
07/12/10
"We are going to proceed today on
only 1 of the 22 judicial nominations
that have been stalled on the Senate
floor by Republican obstruction. This
is a nominee we considered and voted
out of the Judiciary Committee unanimously
3 months ago without objection. ... We have the Senate Republican leadership
refusing to enter into time
agreements on pending judicial nominations
that have the support from
both Democrats and Republicans, including
nominations with bipartisan
support from North Carolina and Tennessee
and South Carolina and California
and New York and Delaware and
Virginia and Utah, Maryland, Minnesota,
and Rhode Island. ... the Senate is dramatically
behind the pace I set for President
Bush’s judicial nominees in 2001 and
2002."
Sen. Leahy Floor Statement on Judicial Nominations
(Democrat - Vermont)
06/28/10
"today
the Senate is proceeding on only one of
the 23 judicial nominees stalled by Republican
obstruction from action by
the Senate. The nominee the Senate
will confirm tonight has been stalled
for more than 10 weeks, even though
his nomination was reported without a
single objection from the Judiciary
Committee on April 15. There are eight
other judicial nominees who have been
stalled for at least as long, or longer,
and nominees who were favorably reported
last year, last November, still
being obstructed.
This confirmation was needlessly delayed
for no good purpose."
Sen. Leahy Opening Statement: Confirmation Hearing of Elena Kagan
(Democrat - Vermont)
06/28/10
"When we discuss the Constitution's commerce clause or spending power, we are talking about congressional authority to pass laws to ensure protection of our communities from natural and man-made disasters, to encourage clean air and water, to provide health care for all Americans, to ensure safe food and drugs, to protect equal rights, to enforce safe workplaces and to provide a safety net for seniors. This hearing is, accordingly, about the fundamental freedoms of all Americans."
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