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Need to movemore quicklyto fill vacancies
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share thisU.S. District Judge Thomas I. Vanaskie of Scranton didn't encounter any obvious deeply rooted opposition during his recent confirmation hearing for a seat on the Third Circuit Court of Appeals.
The judge deftly handled a few questions that were raised regarding a few of his decisions, public speeches and writings.
It will be interesting now to see how long it takes to have a confirmation vote. About 10 months into the Obama administration, the president has been slow to nominate federal judges and the Senate has been even slower to confirm the nominees.
President Obama has nominated just 26 district court judges, compared with 95 nominations by President George W. Bush at a comparable point in his presidency. And the Senate has confirmed just four of those nominees. According to a report by the Brookings Institution, the average wait between a Judiciary Committee approval and a final confirmation vote by the full Senate has been 130 days. That's too long even for a controversial nominee. Remarkably, even after long delays, the nominees have been confirmed with majorities of more than 90 of 100 possible votes.
The Brookings report found that Senate Republicans have used "holds," by which a single senator indefinitely and anonymously can hold up a nomination, and other delay tactics. Senate Democrats have the means to force votes but are not inclined to do so for political reasons.
The result is nearly 100 judicial vacancies at a time when independent analyses have found the federal courts to be understaffed even when at full strength.
Sen. Patrick Leahy, Vermont Democrat and chairman of the Judiciary Committee, has introduced a bill to add 63 federal judgeships. No one has disputed the need, yet the bill has not attracted a single Republican co-sponsor.
President Obama should accelerate the pace of his nominations. Republicans should recognize the need for efficiency in the courts and lessen their pointless obstruction. And, Democrats should use their majority to force confirmation votes if obstruction continues.
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