AFJ REPORT: OBAMA PICKS UP THE PACE FOR JUDICIAL NOMINATIONS, BUT FEDERAL COURTS REMAIN IN CRISIS

» The full report discussed in this release is available here

» All AFJ Judicial Selection Project resources are available here

WASHINGTON, D.C., March 5, 2013  – President Obama has “significantly increased” the pace for sending the Senate nominees for federal judgeships, but the nation’s federal courts remain in crisis, according to a new report from Alliance for Justice.

Due largely to Republican stalling, both before nominations are submitted to the Senate and after, the number of vacancies on federal courts is nearly double the rate when President Obama first took office.

“Last year, Republicans stalled in the hope that they would get a president from their own party,” said AFJ President Nan Aron.  “Now that the voters have spoken, there is no excuse for further delay.  Senators should act with dispatch to fill seats as soon as possible, particularly in the circuit courts, including the enormously- important D.C. Circuit, which remains significantly understaffed.

“If Republicans continue to filibuster judicial nominees, it will make clear that the recent agreement to ‘reform’ Senate rules really was no agreement at all, but rather a blank check for continued obstruction,” Aron said.

Among the findings in the report:

• Over the past year, President Obama significantly picked up the pace of nominations for federal judgeships.  As a result, he’s almost caught up to where Presidents George W. Bush and Bill Clinton were at this point in their presidencies.  But, of course, submitting a nomination is only one step on a long road to filling a judgeship.  Every nominee must be confirmed by the Senate – where the system remains broken.
• That’s why, in spite of that improvement, more than ten percent of the nation’s judgeships remain unoccupied.  There are 87 current vacancies – a huge increase over the 55 vacancies when President Obama first was inaugurated. Thirty of these vacancies are judicial emergencies, meaning the lack of a judge has led to exceptionally- long delays in cases before the courts.
• That’s partly because there has been no similar improvement in performance by the Senate.  Due to incessant obstruction by Republicans, the Senate has confirmed far fewer nominees at this point in the Obama presidency than it had for his two predecessors. 
• Republican Senators also have been particularly slow in recommending nominees to the President.  Many Republican senators slow-walked the process over the past year, making it difficult for the President to forward names to the Senate for consideration.
• President Obama’s record on racial, ethnic and gender diversity remains exemplary.  He has appointed the highest percentage of women and people of color in history. 

“When there are too few judges, the wait for justice can be unbearable,” Aron said.  “Forcing people to wait months, even years, to stand up for their rights in court can do profound harm. Medical bills caused by injuries due to negligence may pile up while families wait for justice; parties may be forced to travel long distances as cases are shifted to districts with more judges; memories may fade, witnesses may die.”

“President Obama appears determined to make filling judgeships a higher priority in 2013,” Aron said.  “We call on the Senate to do the same.”

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Alliance for Justice is a national association of over 100 organizations, representing a broad array of groups committed to progressive values and the creation of an equitable, just, and free society. Through our justice programs, we lead the progressive community in the fight for a fair judiciary, and through our advocacy programs, we help nonprofits and foundations to realize their advocacy potential.