Bench vacancies
Intelligencer Journal: In Our View
By Intelligencer Journal
Published Dec 29, 2011 13:35

When Chief Justice John Roberts Jr. was elevated to the U.S. Supreme Court in 2005, no one envisioned that, six years later, his seat on the U.S. Court of Appeals for the Washington, D.C., Circuit would still be vacant.

The empty chair is emblematic of what is wrong in Washington. During the Bush presidency, Democrats resorted to using filibusters to keep Bush from nominating conservatives to the bench. Today, Republicans are doing the same thing.

It was wrong then, and is just as wrong today.

Recently, Republicans threatened to filibuster the nomination of Caitlin J. Halligan to fill Roberts' long-vacant seat. Halligan is a former general counsel for New York County's District Attorney. She holds moderate views and was rated as "well-qualified" by the American Bar Association. She has even earned the endorsement of Miguel A. Estrada, the Bush nominee whose nomination was wrongly filibustered by Democrats.

Republicans claim Halligan is an "activist" judge. The National Rifle Association and Gun Owners of America have led the charge, arguing that she was general counsel for the state of New York which pursued a lawsuit against gun manufacturers and later challenged the constitutionality of the Protection of Lawful Commerce in Arms Act. Although the lawsuit was brought by then-New York Attorney General Elliot Spitzer, those organizations have targeted Halligan's role in the litigation.

The objections are without merit, but the NRA apparently wields enough power that four GOP members of the bipartisan so-called Gang of 14 — Sens. John McCain, Ariz., Olympia Snowe and Susan Collins of Maine and Lindsey Graham, S.C. — broke a vow not to filibuster a judicial appointment except in "extraordinary circumstances."

The threat to filibuster has left her nomination in limbo. Halliagan's nomination is just one of 80 federal bench vacancies the GOP-led Congress has failed to vote on. A total of 43 nominations are pending, including 20 nominees who passed through the Judiciary Committee without any opposition.

At present, one of every seven federal judicial seats is vacant. The Alliance for Justice notes that at the current pace, the nation will end the year with more federal judicial vacancies than at the beginning of this session of Congress.

The Senate confirmed 205 federal circuit and district court judges during President Bush's first four years. To equal that number, the Senate would have to confirm nearly two judges a week by the end of 2012.

The opposition party needs to stop blocking judicial appointments as a way to score political points.

We criticized Democratic leaders for doing so under the Bush administration. Republicans need to recognize that their actions are hurting this country.

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