Alliance for Justice Report Details President's First-Term Record on Judicial Nominations and Calls for End of Election-Year Obstruction

Washington, D.C., May 3, 2012—On the occasion of the end of the deal struck between Senate Democrats and Republicans to give final votes to 14 of President Obama’s judicial nominees by May 7, Alliance for Justice today released the latest in its series of reports on the severely dysfunctional judicial nominations process that has plagued this administration.

The State of the Judiciary: Judicial Selection During the Remainder of President Obama’s First Term finds that over three and half years into President Obama’s presidency, the Republican tactic of continual obstruction and delay of his judicial nominees continues unabated. Among the report’s conclusions:

• The astonishing degree of long-term obstruction is exemplified by the fact that on May, 7, 2012, the Senate finally finished dealing with the nominees left pending on the Senate floor at the end of last year.  The Senate has yet to confirm a single nominee submitted by the president in 2012.
• During President Obama’s first term, current vacancies on the federal bench have risen by 43%. This trend stands in stark contrast to President Clinton and President Bush’s first three years, when vacancies declined by 57% and 60%, respectively.
• Nearly one out of ten federal judgeships remains vacant.  Judicial vacancies are nearly double what they were at this point in President George W. Bush’s first term.
• As of May 7, the number of seats considered to be “judicial emergencies” will have risen by 70%, from 20 at the beginning of President Obama’s term to 34. 
• The Senate has confirmed far fewer nominees at this point in President Obama’s first term than it had for his two predecessors in office. The percentage of confirmed district court nominees is at historically low levels.
• The so-called Thurmond Rule that is often invoked to claim that confirmations slow or stop during the fourth year of a president’s term is based on false information. In fact, over the last 30 years confirmations of district and circuit court nominees have continued well into presidential election years under both Democratic and Republican presidents.  Most recently, in 2008 the Senate confirmed 10 of President George W. Bush’s nominees as late as September 26, all by unanimous consent. 

Alliance for Justice President Nan Aron echoed the report’s conclusions, stating that, “The American people deserve a federal court system that is fully staffed and able to fulfill the promise of justice for all.  The country cannot afford to wait any longer for the confirmation process to return to a rational and fair basis.  With confirmations lagging at historically low levels, every opportunity must be taken to nominate and confirm new judges at a pace commensurate with the scope of the crisis we face.  The upcoming elections must not be used as an excuse to perpetuate obstructive behavior.  Every nominee the president puts forward in 2012 deserves a yes-or-no vote in 2012.  Time may be short, but the need for action has never been greater.”

The report includes detailed data on the personal and professional characteristics of the President’s nominees, the historically sluggish pace of confirmations, and statistics comparing President Obama’s record with those of his immediate predecessors.

The State of the Judiciary: Judicial Selection During the Remainder of President Obama’s First Term can be downloaded (PDF) here.

NOTE: This report focuses on comparative statistics for the first three and a half years of President Obama’s first term in office. Up-to-the-minute statistics for the current year are always available online on the Alliance for Justice’s Judicial Selection page, which contains the highly regarded Judicial Selection Snapshot, as well as data on Nominees Pending on the Senate Floor, a list of Vacancies Without Nominees, and our new Judicial Selection Calendar.

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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. AFJ works to ensure that the federal judiciary advances core constitutional values, preserves human rights and unfettered access to the courts, and adheres to the even-handed administration of justice for all Americans. It is the leading expert on the legal framework for nonprofit advocacy efforts, providing definitive information, resources, and technical assistance that encourages organizations and their funding partners to fully exercise their right to be active participants in the democratic process. AFJ is based in Washington, D.C.