Federal Courts

According to the graph from the United States Courts' website, which is maintained by the Administrative Office of the U.S. Courts on behalf of the federal judiciary, since 1998 the number of female judges has risen, but is still significantly lower than male judges. The number of women judges, since 1998, has increased to 496 from 302. In 2009 male judges exceeded 1,500.

Glenn Sugameli, founder and head of the environmental community's Judging the Environment project and website on federal judicial nominations, told ACSblog, "The U.S. Courts' Federal Bench Gender Snapshot shows a disappointing lack of major progress in the percentage of female federal judges in recent years."

Sugameli continued, "President Obama's 43 confirmed judicial nominees include 22 women and 17 men and women of color. Senate Republican obstruction of every pending judicial nominee, however, is blocking votes that would increase the diversity of the federal bench. Ten of the 23 nominees awaiting Floor votes are women and 13 are men and women of color."

In an interview with ACSblog, Maryland law school professor Sherrilyn Ifill talks about the need to diversify the federal bench, noting that the decision-making process would be enhanced by judges "who represent and are reflective of the larger society." Ifill's interview followed an ACS panel discussion focusing on diversity on the federal bench.

Holder said at a press briefing that Khalid Shaikh Mohammed and four other men, "accused of conspiring to commit the 9/11 attacks" will be prosecuted in federal court. Holder said that Abd al-Rahim al-Nashiri and four other military detainees charged with the 2000 "terrorist attack on the USS Cole," will be prosecuted before a military commission.

"I am confident in the ability of our courts to provide these defendants a fair trial, just as they have for over 200 years," Holder said. "The alleged 9/11 conspirators will stand trial in our justice system before an impartial jury under long-established rules and procedures."

Holder continued, "I want to assure the American people that we will prosecute these cases vigorously, and we will pursue the maximum punishment available. These were extraordinary crimes and so we will seek maximum penalties. Federal rules allow us to seek the death penalty for capital offenses, and while we will review the evidence and circumstances following established protocols, I fully expect to direct prosecutors to seek the death penalty against each of the alleged 9/11 conspirators."

Holder's announcement drew mostly favorable comment from civil liberties groups that have opposed the use of military commissions.

Human Rights First hailed the "decision to move the trials of the 5 Guantanamo detainees accused in the 9/11 conspiracy from the discredited Guantanamo military commissions and into federal courts to face justice."

The American Civil Liberties Union called the action a "major victory for due process and the rule of law," but also criticized the administration for continuing "to use the illegitimate military commissions system to prosecute some Guantánamo detainees, including the defendant accused in the attack on the U.S.S. Cole."