Litigation

Almost One in Eight U.S. Judgeships Vacant

By Peter Hardin

It’s hardly a new story, but now it’s squarely in the national eye.

A Los Angeles Times report documents that almost one out of eight federal judgeships is vacant across the country. This article in a major national newspaper not only underscores–but draws attention to–the impact of political partisanship in stalling judicial confirmations. The result, legal scholars suggest, is a threat to the delivery of justice.

Supreme Court Justice Anthony Kennedy added his voice to those who are concerned. Without assigning blame, he told the newspaper, “It’s important for the public to understand that the excellence of the federal judiciary is at risk.”

Justice Kennedy added, “If judicial excellence is cast upon a sea of congressional indifference, the rule of law is imperiled.”

Here is how the Times sums up the dilemma: “The politicized confirmation process has left nearly 1 in 8 posts empty. Republicans say it’s part payback, but they argue that [President] Obama has been slow to nominate judges.”

The article points to data that in the 30 years since scholars have been keeping track of judicial confirmations, Obama has racked up the lowest confirmation rate so far.

Only 47 percent of his 85 judicial picks have won Senate confirmation. President George W. Bush had an 87 percent success rate in his first 18 months, President Clinton compiled an 84 percent rate and President George H.W. Bush, 79 percent.

Almost half of 876 existing federal judgeships could be empty by the end of the decade if the present rate persists for filling the seats of retired, resigned and deceased judges, warned Assistant Attorney General Christopher Schroeder.

There are 102 federal judgeships vacant now, and nominees pending for 39 of them.

You can learn more about the impact of political partisanship on federal judgeships from Justice at Stake’s issues page on the topic, and you can read about the Obama administration’s track record in these earlier Gavel Grab posts. To read about a letter by JAS and two other reform groups urging efforts to reduce the growing judicial nominations backlog, click here.

Full post as published by The Gavel on August 31, 2010 (boomark / email).