The Pace of Federal Judicial Confirmations

WASHINGTON - APRIL 16: Senate Judiciary Committee ranking Republican Sen. Jeff Sessions (R-AL) (C) prepares to question University of California at Berkley Law Professor Goodwin Liu during his confirmation hearing to be U.S. Circuit Judge for the Ninth Circuit along with Sen. Orrin Hatch (R-UT) (L) and Sen. Dianne Feinstein (D-CA) April 16, 2010 in Washington, DC. Liu, who has been very critical of conservative judges and nominees, may be the toughest fight over any of President Barack Obama's appeals court nominees because of Liu's liberal views. (Photo by Chip Somodevilla/Getty Images)

As the 2012 election looms ever closer as marked by more Republicans, such as Mitt Romney and Rick Santorum, officially declaring their presidential candidacies, the window of opportunity for President Obama to shape the federal bench to his liking is closing. Upon becoming president, Obama inherited 55 judicial vacancies on the federal bench. There are now 86 vacancies and the number is likely to grow with more retirements by federal judges.

Of course the Democrats and Republicans on Capitol Hill blame each other for the extremely slow pace of filling federal judicial openings. Republicans claim that if Obama had paid more attention to an ever-increasing federal caseload especially in the first two years of his presidency, then the problem could have been averted rather than reaching a vacancy crisis. Democrats put the blame on an obstructionist Republican Senate minority which has used its filibuster power to thwart the confirmations of many well-qualified jurists. The recent failure to get 60 votes to end the filibuster of Goodwin Liu’s nomination for a seat on the Ninth Circuit Court of Appeals is cited as a case in point.

The recent randomly-drawn panels of the Fourth and Eleventh Circuit Courts of Appeals to hear the appeals on the legal challenges to Obama’s healthcare reforms are likely to enhance the political tensions surrounding federal judge nominations. Specifically the panel for the Fourth Circuit that will hear the appeal consists of two Obama appointees and one Clinton appointee. And the panel for the Eleventh Circuit consists of two Clinton appointees and one H.W. Bush appointee who is considered to be quite moderate. If both panels uphold the constitutionality of the healthcare reforms then what incentive is provided for Senate Republicans to be even more accommodating of Obama’s picks for federal judgeships.

Perhaps if the President would be less interested in demographically diversifying the federal bench and Republican Senators would be less concerned about particularistic stances of federal bench nominees then the process might work a little more smoothly. If both sides would stress more the legal qualifications, decisional abilities, and writing skills of nominees then we the public and the Court might be better served.

Bob Bradley is solely responsible for the opinions expressed above. These opinions do not necessarily reflect those of WJBC, Radio Bloomington or Townsquare Media staff or management.

Bob Bradley is a full professor in the Department of Politics and Government at Illinois State University where he has been since 1982. He has received several recognitions including: Carnegie Scholar for Civic Engagement, Constitution Trail Friend of the Year, and Faculty Star distinction by ISU Athletics. He dearly loves his wife, Reenie, of almost 25 years, and his daughter, Erin. He is an avid reader, devout sports enthusiast, gardener, golfer, and bird watcher.