by Rebekah DeHaven
There are 874 federal judgeships in the United States. Of these, 91 are currently vacant, and there are 20 future vacancies. Thirty-seven of these vacancies are in districts that have been declared judicial emergencies. There are 51 nominees to fill these vacancies, some much closer to confirmation than others.
These figures mean that 10 percent of our federal judiciary is currently empty. Instead of working to fill these vacancies, some lawmakers are explicitly attempting to reduce the number of judgeships nationwide, and promoting the rhetoric that there are more judges than the U.S. needs to administer its justice system.
In April, Senator Grassley introduced the “Court Efficiency Act of 2013,” which proposes reducing the number of seats on the D.C. Circuit from eleven to eight. Although Senator Grassley and others suggest that there are too many judges, the Judicial Conference and members of the federal judiciary have indicated just the opposite. In fact, the resounding message has been that the courts are struggling to keep up. In its March 2013 report the Judicial Conference suggested the addition of 70 permanent and 21 temporary judgeships, as well as converting eight temporary judgeships to permanent positions.