This Los Angeles Times article confirms that there is no judicial confirmation crisis, despite loud Republican protests about selective Democratic filibusters of appellate court nominees that the Democrats have painted as ideologically extreme. The article notes that the vacancy rate among federal judges is at a 13 year low, and that President Bush’s success this year is better than the success Bill Clinton had in 7 out of his 8 years in office.
Although the numbers are slightly lower for confirmation of appellate court judges (a Justice Department spokesperson says it is a 63% confirmation rate compared to an 80% confirmation rate for Clinton judges), the numbers are misleading. From the article:
- [Sheldon] Goldman, the University of Massachusetts professor, said both parties have blocked prospective judges they viewed as extreme, but they have done it in different ways.
“The Republicans obstructed quietly in the committee,” Goldman said. “If they didn’t want to approve you, you just didn’t get a hearing. The Democrats have obstructed through the use of the filibuster, which is very open and visible.”
During Clinton’s final six years in office, Republicans controlled the Senate, and they refused to confirm more than 60 of his judicial nominees.