Waiting for Confirmation: Examining the Growing Number of Unconfirmed Federal Judges

Introduction

The federal judiciary is a critical part of the American legal system, and the appointment of federal judges is an important process that requires confirmation from the Senate. However, there is currently an increasing number of unconfirmed federal judges waiting for confirmation, which has had a major impact on the judicial system. This article will examine the current status of unconfirmed federal judges, how many are waiting to be confirmed, the reasons behind them, and the consequences of having an increasing backlog.

Examining the Growing Number of Unconfirmed Federal Judges

In order to understand the current status of unconfirmed federal judges, it is important to look at the number of vacancies in the federal court system. According to the Administrative Office of the U.S. Courts, as of April 2021, there are 136 judicial vacancies in the federal court system, with 35 of those vacancies being designated as “judicial emergencies.” This number is significantly higher than it was in previous years. In 2019, for example, there were only 66 judicial vacancies, with only 11 of those being designated as “judicial emergencies.”

It is also important to note that there are currently 54 federal judges who have been nominated by the President but are still waiting for confirmation. This is a significant increase from previous years, when there were only 26 nominees waiting for confirmation in 2019. Of these 54 nominees, 44 have already been approved by the Senate Judiciary Committee, but are still waiting for a full vote from the Senate. The other 10 nominees have not yet been voted on by the committee.

The Increasing Backlog of Unconfirmed Federal Judges

The increasing number of unconfirmed federal judges has a major impact on the judicial system. The backlog of unconfirmed judges can lead to delays in the resolution of cases, as well as an inability to hear certain cases due to a lack of judges. It can also lead to an imbalance in the power of different courts, as some may have more judges than others. This can result in one court having more influence over decisions than another, which can lead to unfair outcomes.

The backlog of unconfirmed judges can also lead to an increased workload on the existing judges, as they are forced to take on more cases due to the lack of other judges. This can lead to burnout among the existing judges, which can further delay the resolution of cases. It can also lead to a decrease in the quality of justice, as the judges are unable to devote enough time and attention to each case.

There are a number of reasons why the backlog of unconfirmed federal judges is increasing. One of the main reasons is that the Senate is taking longer to confirm nominees. In the past, it would typically take around three months for a nominee to be confirmed, but now it can take much longer. This is due to the fact that the Senate is often divided along party lines, which can lead to delays in the confirmation process.

Another reason for the backlog is that the President has been slow to nominate candidates. While the President nominates candidates for the federal bench, he or she does not always do so in a timely manner. This can lead to long delays between nominations and confirmations, as the Senate must wait for the President to make a nomination before it can begin the confirmation process.

Conclusion

The increasing number of unconfirmed federal judges has had a major impact on the judicial system. It has led to delays in the resolution of cases, an imbalance in the power of different courts, and an increased workload on existing judges. The reasons behind this backlog include delays in the confirmation process and the President’s slow nomination of candidates. In order to address this issue, it is important that the Senate move quickly to confirm nominees and that the President make timely nominations.