Tuesday, October 27, 2009

 

95 vacancies and little movement...

As this excellent piece describes, President Obama is struggling to fill the 95 vacancies in the federal judiciary. There seems to be two main problems. First, the Obama administration is very slow in coming up with nominees. Second, Republicans in the Senate are challenging virtually every nominee. While prior administrations have faced challenges in the Senate, challenging every nominee seems to be a new tactic, and a dangerous one.

Over the past two administrations, I have been saddened by the tactics of both parties. Far too often they try to gain partisan advantage or live out grudges rather than do the business of this country in good faith.

Comments:
The problem for Obama is the committee system. If Obama could force these nominees straight to the floor, he would encounter less friction.
 
"Republican Senate" Or "Republicans in the Senate"?

Important distinction
 
Anon 10:24-- Excellent point. Fixed that.
 
Its nuts! But Bush and Clinton got people onto the bench. Why Obama and his team are so slow with nominations is beyond me. The White House under Bush took the nominees up to the Hill and for the most part got them confirmed, quietly.
 
I'm not sure bitterness is an appropriate emotion, but I'd say the absence of Peter Keisler from the Federal Bench means the majority party has no basis upon which to whine.
 
Please clarify for me that these are not lifetime appointments?

If that is the case then if you don't like the judges appointed just replace them with the next administration.
 
My understanding is that the problem is on both sides. There has been some stalling, but Obama's team has been slow to nominate people. The last number I read was 16 nominations for the 95 vacancies. The Senate's job is only to check qualifications, or "advise and consent." The rules should force a floor vote on every nomination within a certain period of time, no matter which party is in power. Having empty federal judgeships really slows down the criminal justice process at the district court level.
 
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