Court vacancies erode our system of justice

[usregimechange]

On Friday, the federal courts will pass an important milestone when United States District Judge Thad Heartfield of the Eastern District of Texas assumes senior status after 14 years of dedicated service.

Judge Heartfield's action means that the judiciary has 99 openings out of the 858 appeals and district court judgeships. These vacancies, which are 11 percent of the positions, erode the delivery of justice. When the 111th Senate's second session returns in January, President Barack Obama should promptly nominate, and the Senate must expeditiously confirm, lower court judges, so that the bench will be at full strength.

Since the 1987 fight over Judge Robert Bork's Supreme Court nomination, Democratic and Republican charges and countercharges as well as nonstop paybacks have plagued judicial appointments, mainly because of divided government. Although Democrats presently control the White House and the upper chamber, they should work closely with Republicans to halt or ameliorate this counterproductive cycle.

The 179 appeals court judgeships, 19 of which are vacant, are critical, as the 12 regional circuits are the courts of last resort in their regions for 99 percent of cases. Crucial are the 2nd Circuit that has openings in four of 13 judgeships and the 4th Circuit with vacancies in four of 15. President Obama, has fully consulted by seeking guidance from Democratic and Republican home-state senators prior to actual nominations. Obama has selected 12 consensus nominees who possess even temperament and are very intelligent, ethical, hard working and independent as well as diverse vis-à-vis ethnicity, gender and ideology. The president should continue cooperating with Sen. Patrick Leahy (D-Vt.), the Judiciary Committee chairman, who arranges hearings and votes, Sen. Harry Reid (D-Nev.), the majority leader, who schedules floor debates and votes, and their Republican analogues to facilitate appointment. The Senate has approved three of the nominees, so it must expeditiously confirm the six waiting for floor votes and complete review of the other three.

http://www.mysanantonio.com/opinion/80370227.html

[jwirr]

1. President Obama needs to do some recess appointments.

[Hekate]

2. Obama has selected 12--the Senate has confirmed only 3 so far. I think this is *not* all on Obama.