AFJ Calls for Senate Republicans to End Grinch-Like Obstruction and Give the Nation the Gift of New Federal Judges

Washington, D.C., November 29, 2011—Behaving like the Grinches who stole justice, Senate Republicans are continuing their three-year campaign to delay as long as possible final confirmation votes on President Barack Obama’s nominees to the federal courts. There are currently 22 nominees waiting for final action on the Senate floor, in spite of the fact that virtually all of them face no significant opposition and they have spent an average of 194 days working their way through the glacial Senate confirmation process.

Alliance for Justice President Nan Aron denounced the never-ending legislative logjam, saying, “With the holiday season upon us, this is supposed to be a time of goodwill and generosity for all. With our courts in crisis and our system of justice in peril, we call on Senate Republicans to set aside their unprecedented obstructionist tactics, embrace the spirit of the season, and give the nation the gift of 22 new judges before the Senate adjourns for its holiday recess.”

With 2011 rapidly coming to a close, the numbers tell the story of a dysfunctional and damaging confirmation process:

• In January, at the beginning of the 112th Congress, there were 114 vacant or imminently vacant judgeships in the federal judiciary – more than one in seven authorized judgeships. Today, the federal bench has 103 judgeships currently or imminently vacant, including 30 vacancies that are so serious that they are considered judicial emergencies by the Administrative Office of the U.S. Courts.
• If the current confirmation pace holds, there may be approximately the same number of judicial vacancies at the end of this Congress as there were at the beginning.
• This year, the Senate has confirmed an average of only 1.2 nominees per week. This sluggish pace has been mostly offset by the creation of one new vacancy per week due to retirements or deaths.
• Overall, at this point in their first terms, Presidents Bill Clinton and George W. Bush had seen 162 and 167 of their federal district and circuit nominees confirmed, respectively, and they finished their first terms with roughly 200 confirmations. To date, the Senate has only confirmed 117 of President Obama’s nominees.
• At this point in their first terms, Presidents Clinton and Bush had seen 78 percent of their federal district and circuit nominees confirmed, respectively.  During the comparable period, the Senate has only confirmed 70 percent of President Obama’s nominees.
• Of the 22 nominees now pending on the Senate floor, 18 were reported out of the Senate Judiciary Committee without opposition from Republicans, and two others were reported out on voice votes with only token opposition. Seven of the pending nominees would fill seats considered to be “judicial emergencies” by the Administrative Office of the U.S. Courts.

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Alliance for Justice is the leading provider of information on judicial nominations.  For the most accurate, up-to-date information on the judicial selection process, visit the Alliance for Justice’s Judicial Selection page, which contains data on Nominees Pending on the Senate Floor, a list of Vacancies Without Nominees, our Judicial Selection Calendar, and our Judicial Selection Snapshot.

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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.