SCOTUS Justices thoughts about replacing Associate Justice Scalia

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9. There is a backlog, but I don't see how that relates to the Scalia vacancy

Roberts, in his annual report on the state of the judiciary has in the past mentioned to slow pace of confirmations, although I don't know that he has commented on it in the last several years.

Moreover, the backlog ebbs and flows and there are multiple reasons for it.

On January 1, 2009 (a few weeks before Bush left office), there were 53 vacancies (for which no one had yet been nominated in 27 instances).

On January 1, 2010, after a year in office (with a Democratic Senate), there were 100 vacancies , for which no one had been nominated in 80 instances).

By January 1, 2015, the number of vacancies had dropped to 43 with no pending confirmations (meaning no one had been nominated for any of the 43 vacancies)>

And as of January 1, 2016, the number of vacancies had climbed back to 76, with nominations pending to fill 34 of those vacancies, and no one nominate for the other 42.

http://www.uscourts.gov/judges-judgeships/judicial-vacancies


As general matter, President Obama has filled almost as many federal court of appeals and district court vacancies (321) during his first 7 years in office as Bush filled (323) in 8 years.