Judicial Nominations

  • October 30, 2013

    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.

  • October 22, 2013

    by Jeremy Leaming

    After more than four years of obstructing President Obama’s judicial nominations and causing the vacancies on the federal bench to hover at or above 80, right-wing organizations are ratcheting up their efforts to re-write history. The Heritage Foundation, proclaims that no obstruction has occurred and that Obama is remaking the federal bench, but asks us to ignore what unfolded during his first term. The lesser-known Judicial Crisis Network (JCN) is out with a slideshow of 13 graphics that aims to support an effort of Republican senators to shrink the size of the U.S. Court of Appeals for the District of Columbia Circuit, where vacancies have languished for years on end.

    Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa) has long sought to chop seats from the D.C. Circuit, widely considered one of the most powerful federal appeals courts in the land, claiming it has a flimsy workload. Grassley and his fellow Republicans successfully kept Obama from filling one of the D.C. Circuit’s longstanding vacancies until the start of his second term. There are still three vacancies on the 11-member court.

    When Obama announced three nominations to those vacancies earlier this year, Grassley introduced a bill aimed at cutting – you guessed it – three seats from the D.C. Circuit, arguing the Circuit’s current judges had light caseloads and there was no need for more judges. But as the Constitutional Accountability Center (CAC) and others have noted, Grassley’s claims about the D.C. Circuit ignore reality. The D.C. Circuit hears far more complex and constitutionally weighty matters than the other federal appeals court circuits. 

    The JCN is headed by Carrie Severino, an attorney devoted like the Tea Party to destroying health care reform and mild regulations (Dodd-Frank) of the financial industry. The group's “infographic” containing 13 slides purports to show that the D.C. Circuit “is the most underworked court in the country.” It is, as People For The American Way’s blog notes, a slideshow “recycling old, discredited arguments ….”

    Earlier this year when Grassley launched his latest attempt to slash judgeships from the D.C. Circuit, he claimed, “No matter how you slice it, the D.C. Circuit ranks last or almost last in nearly every category that measures workload.” That statement caught the attention of The Washington Post’s “The Fact Checker,” which concluded it was deserving of “Two Pinocchios,” meaning it contained “significant omissions and/or exaggerations.”

  • October 16, 2013

    by Rebekah DeHaven

    As the government shutdown stretches into its second week, Library of Congress events remain cancelled and the National Zoo Panda Cam dark. More importantly Congress’s work on judicial nominations, already gridlocked, has been affected too. The Senate did manage to confirm a few judges. The Senate Judiciary Committee, however, postponed an October 3 hearing to vote on the nomination of U.S. District Judge Robert Wilkins to a seat on the U.S. Court of Appeals for the District of Columbia Circuit and for 5 other District Court nominees, and an October 9 hearing for the nomination of Matthew Leitman to the U.S. District Court for the Eastern District of Michigan.

    Federal courts are on the brink of exhausting their reserves. Courts across the country are considering which employees to deem “essential” and asking employees to work without knowing when they will be paid. Although a deal appears imminent, the public is finally getting a clear picture of what the landscape would look like if courts shut down, and what preparing to run out of resources has meant for our judicial system.

    But this is not entirely unfamiliar territory. Our courts have been hobbled because of insufficient funding and staffing, for a very long time. At the Fourth Circuit Judicial Conference in June, Supreme Court Chief Justice John Roberts warned, “we have sustained cuts that mean people have to be furloughed or worse and that has a more direct impact on the services that we can provide.” Similarly, Chief U.S. District Judge Ann Aiken said that the “cuts are an assault on the whole system.”

  • September 19, 2013

    by Jeremy Leaming

    Along a party-line vote, the Senate Judiciary Committee today approved the nomination of Nina Pillard to the U.S. Court of Appeals for the District of Columbia Circuit. The nomination must still be considered by the entire Senate.

    Ranking Member Sen. Chuck Grassley (R-Iowa) voted against the nomination, again noting his wobbly claim that the 11-member D.C. Circuit, one of the most powerful appellate courts in the land, does not need the vacancies filled. Grassley has been pushing a bill that aims to cut seats from the D.C. Circuit, effectively leaving its right-wing tilt in place.

    Senate Judiciary Chairman Patrick Leahy (D-Vt.) lauded today’s vote, saying “Pillard’s character and qualifications are unassailable.” A press release from Leahy’s office also noted that Pillard, a professor of law at Georgetown University, has argued “nine cases before the Supreme Court as well as drafted the government’s successful argument in the landmark Supreme Court case, United States v. Virginia, which opened the doors to the Virginia Military Institute for female cadets.”

    Despite efforts by some right-wing pundits to distort Pillard’s legal work and career, she has received support of Republicans, former law enforcement and military officials, conservatives, and many leading members of the Supreme Court bar from both parties.

    Several public interest groups lauded today’s Senate Committee action and called for a swift floor-vote of Pillard’s nomination.

    Leslie Proll, director of LDF’s Washington Office said, “We trust the Senate will recognize that Nina is a tremendously qualified nominee, who would be an incredible asset to the D.C. Circuit.”

    National Women’s Law Center (NWLC) Co-President Marcia Greenberger, noted that Pillard’s “impressive legal career includes two tours in the U.S. Department of Justice and 15 years teaching at the Georgetown University Law Center. In addition, she currently brings her legal acumen and expertise to her role as Co-Director of Georgetown’s Supreme Court Institute, which prepares lawyers for oral argument before the Supreme Court on a pro bono basis. She is a legal superstar who would bring extraordinary skills to the Court, including her deep background on legal protections for women.”

    There are more than 90 vacancies on the federal bench and for most of President Obama’s time in office vacancies have hovered near 80. Today the president announced 8 more judicial nominations, including Diane J. Humetawa to the U.S. District Court for the District of Arizona. If confirmed, Humetawa would become the first Native American female judge in the nation’s history.

    The National Native American Bar Association lauded Humetawa’s nomination, calling it “historic.”

    For information on federal court vacancies and nominations see JudicialNominations.org.

  • July 26, 2013

    by Jeremy Leaming

    President Obama seeking to fill vacancies on the federal bench, which hover above 80, has nominated a diverse group, including an ACS leader and member, to U.S. District Court judgeships.

    Matthew F. Leitman, who has served as a leader the ACS Michigan Chapter, was nominated for the U.S. District Court for the Eastern District of Michigan. Leitman is a principal at Miller Canfield, a Michigan law practice that has offices in Canada, Mexico, Poland and China. Leitman’s work encompasses complex commercial litigation, criminal defense, and litigation before state and federal appellate courts. He graduated magna cum laude from Harvard Law School.

    Vince Girdhari Chhabria, an ACS member and speaker at ACS events, was nominated for the U.S. District Court for the Northern District of California. If confirmed, Chhabria would be the first South Asian judge in California and the fourth South Asian judge in the U.S., The Times of India reports. Chhabria currently serves as Deputy Chief Attorney for Government Litigation and as the Co-Chief of Appellate Litigation in the San Francisco City Attorney’s Office. San Francisco City Attorney Dennis Herrera is an ACS Board member. (In June, Herrera talked with ACSblog about his office’s significant involvement in advancing marriage equality in California.) Chhabria received his J.D. from Boalt Hall School of Law at the University of California, Berkeley.

    The other nominees are: Judith Ellen Levy, an Assistant U.S. Attorney, for the U.S. District Court for the Eastern District of Michigan; Laurie J. Michelson, U.S. Magistrate Judge, for the U.S. District Court for the Eastern District of Michigan; James “Jay” Maxwell Moody Jr., an Arkansas Circuit Judge, for the U.S. District Court for the Eastern District of Arkansas; and Linda Vivienne Parker, a Michigan state judge, for the U.S. District Court for the Eastern District of Michigan.

    There are 85 vacancies on the federal bench. For more information about those vacancies and nominations see JudicialNominations.org.