October 23, 2009 —
After the speedy and relatively noncontentious confirmation of Justice Sonia Sotomayor, federal court watchers are upping their attention to courts of appeals and district courts. The headline of an October 16, 2009, Washington Post article captured the unease among some Obama supporters: “Obama Criticized as Too Cautious, Slow on Judicial Posts.”
October 20 marked nine months since the change in administrations, ample time to begin comparisons between the nomination process of the previous Bush administration with the current one, as to nominations made, hearings held, nominees confirmed, and nominee characteristics, even if it’s hardly enough time to predict how things will look after a year, or two, or more.
Nominations
President Bush inherited 81 federal court vacancies on January 20, 2001, and by October 20 he had made 60 nominations (not the 100 or so cited in some news accounts and blogs). Those nominations represented 73 percent of the inherited vacancies. (Of course, additional vacancies occurred in the nine months after Inauguration Day, but the start-of-term figure is a common baseline.)
President Obama inherited only 54 vacancies and made only 22 circuit and district nominations by October 20, representing 41 percent of the vacancies inherited. Had the Obama administration nominated judges at the same rate as the Bush administration, it would have filled all the vacancies it inherited.
http://www.brookings.edu/papers/2009/1023_courts_wheeler.aspx