Capping off an extremely important day of discussions with senior White House officials and Capitol Hill offices about ending the unprecedented Republican obstruction that is contributing to our severe federal judicial vacancy crisis, several state and national advocates had the opportunity to meet with President Obama about the urgency of addressing this crisis.
PFAW President Michael Keegan and I joined several representatives from among the 150 advocates from 27 states who participated in the Summit, in a meeting in the West Wing of the White House, where we heard the President reaffirm his commitment to press for the confirmation of judicial nominees who are ready for a vote in the full Senate or being considered by the Senate Judiciary Committee – and his commitment to continue vetting and making nominations through the balance of this year in an effort to fill the remainder of the vacancies.
We celebrated the Administration’s extraordinary success so far in diversifying the federal bench, while agreeing that there was even more to be done. Advocates talked about the millions of Americans who are denied meaningful access to the courts because there simply are not enough judges on the bench. And we heard the President affirm the importance of pressing obstructionists in the Senate to end the unprecedented dysfunction that is impeding individual Americans’ access to justice.
For me this was a sobering day as we focused on the urgency of filling our federal bench with quality judges who will keep faith with the Constitution -- and inspiring to see the allies we have in states around the country, on Capitol Hill, and in the White House to get the job done.
Today, a few representatives from People For the American Way joined 150 Americans from 27 states at a White House summit to discuss the state of vacancies in the federal courts.
We’ll write more about the summit in later posts, but first, a summary of the problem. PFAW’s graphic designer, Nicole, put together this infographic showing how unprecedented obstruction of judicial nominees has created an unprecedented vacancy crisis in the federal courts, and slowed down President Obama’s effort to bring qualified, diverse judges to the federal bench:
The Atlantic’s Andrew Cohen explains why confirming nominees to our federal courts and helping to boost the economy aren’t two separate issues:
It's not complicated. When a federal judgeship goes vacant because of Senate intransigence, where judicial nominees with bipartisan approval are held up for no good reason, it's not typically the criminal cases which get unreasonably delayed. Criminal defendants have a speedy trial right under the Sixth Amendment. There is no such right for civil litigants. This means those litigants have to wait, often for years, for a trial judge to make available a time for the disposition of a dispute. The problem only gets worse, like it is now, when district courts are understaffed and judges are forced to handle more than their expected case load.
And who are civil litigants in our nation's federal courts? They are corporations and small business owners, investors and merchants, employees and employers, people just like you and me. Well, maybe not you and me since I didn't file a lawsuit this past year and you probably didn't either. But a lot of other people sure did. In 2010, according to federal court records, no fewer than 282,896 federal lawsuits were filed in America. In 2011, 289,252 lawsuits were filed, a 2.2 percent increase from the year before. The latest statistics reveal that there are currently 270,839 pending civil cases in our federal courts.
There's more alarming news. As Mike Scarcella reported last week in the National Law Journal, the Administrative Office of the U.S. Courts announced last week that there was "an 11 percent increase in intellectual property cases and a 15 percent increase in consumer credit filings" last year. The total number of pending cases in the federal system, including criminal cases, now is 367,600 and, guess what? Even as the number of federal laws (and federal crimes) increases, Congress plans to cut the budget for the federal judiciary come next January. Fewer judges. A smaller budget. Signposts on the road to third-world justice.
So what happens to many of these cases when our benches remain empty? They languish in limbo and the litigants have to live with the financial uncertainty that pending litigation brings. If you are sued for a million dollars, for example, you might choose not to invest that million dollars in a new store, or in hiring new employees, until the lawsuit is over. And if you are suing for money, you aren't likely to spend it until you get it. What federal trial judges do for these litigants, therefore, isn't just to pick a winner and a loser in a particular. The court system provides the oil that helps run the machinery of commerce.