No more federal judicial confirmations this year

The Hill reports: Feeling heat from the left, Dems reject judges deal.

A Senate Democratic aide said Wednesday that [Chuck] Schumer would not agree to approve the final slate of judicial nominees as the Senate prepares to wrap up its work for the year.

Progressives skewered Schumer for agreeing to two previous deals this year, one in August and the other in October, when he signed off on a group of court picks in exchange for letting vulnerable incumbents head back to their home states to campaign before the November midterm election.

Current number of vacancies in the federal courts: 143.

 

Calcutta High Court to combat docket backlog with special summer sittings

The problems surrounding the backlog sound rather extreme to American ears. First, the summer session is designed to address cases prior to January 1, 2000 — seventeen-and-a-half years ago. By contrast, federal civil cases in the U.S. are flagged after being in the system for three years. Second, the backlog has been exacerbated by the Calcutta court’s vacancy crisis — only 35 judges are sitting, although 72 are authorized.

The bar association has opposed the summer session, on the grounds that “lawyers also need some respite during the grueling summer.”  No word on the opinion of the litigants who cases have been pending for nearly two decades.

Justice Kagan: Supreme Court did “pretty darn well” with just eight justices

Speaking to the Seventh Circuit Bar Association, Justice Elena Kagan told attendees that she was proud of the way the Supreme Court handled the prolonged vacancy crisis in the wake of Justice Antonin Scalia’s death in February 2016.  She particularly praised Chief Justice Roberts for working to guide the Court toward a concrete resolution in cases which initially suggested a 4-4 split.  From the Indiana Lawyer story:

During the 419 days the Supreme Court operated with an even number on the bench, the eight justices worked to find common ground so the court could issue majority opinions. Kagan said she and her colleagues learned to keep talking, listening and persuading as well as being open to persuasion.

She noted in a particularly polarizing time in American politics, the Supreme Court’s ability to find common ground offers a broader lesson.

“I think courts do model behavior,” Kagan said. “They teach people about reasoned decision-making and they teach people about collegiality. And when they’re working at their best, they also teach people about bridging differences and reaching agreement in places where you might not expect to find it.”

 

The numbers supporting the push for more federal judges

On Tuesday, the Judicial Conference of the United States agreed to recommend to Congress to create 57 new federal judgeships — 5 in the circuit courts and 52 in the district courts.  The Conference further recommended that eight temporary or part-time district judgeships be converted to permanent status.

In its press release, the Conference emphasized the growth of the federal courts’ overall docket since 1990, when the last comprehensive judgeship bill was enacted.  In that quarter-century plus, district court filings have grown 38 percent (with nearly equal growth in criminal and civil filings), and appellate courts have grown by 40 percent.

But the recommendations are more narrowly tailored than a simply 40 percent boost in judges nationwide.  Only one of the thirteen appellate courts (the Ninth) is a suggested recipient of more judges, and only 27 of the 94 district courts are deemed to need new judgeships.

An examination of some of these targeted districts, and why it matters, after the jump.

Continue reading “The numbers supporting the push for more federal judges”

Legality of Oklahoma Supreme Court Appointment Goes Before … Oklahoma Supreme Court

When Justice Steven Taylor recently retired from the Oklahoma Supreme Court, Governor Mary Fallin tapped 35-year-old Patrick Wyrick to fill his seat.  Seats on the court are geographically distributed, and Wyrick was among three finalists from the state’s Second Judicial District whose names were submitted to the Governor for final consideration.  The final nominees were chosen by the state’s Judicial Nomination Commission (JNC).

But now Justice Wyrick’s appointment is being challenged by the Oklahoma Chapter of the ACLU, on the grounds that he does not actually reside in the Second Judicial District.  In preliminary arguments last week, Wyrick’s lawyer dismissed the challenge, asserting that the JNC’s selection of the three finalists is effectively unreviewable.  The ACLU countered that no state entity, including the JNC, has all-powerful status.

The decision is now before the state supreme court itself, leaving the eight remaining justices to decide the fate of a potential colleague.  The ACLU has further requested that any sitting justice who recommended Wyrick for a judicial position be recused from considering the case.

Certainly a fascinating example of court interdependence that bears watching.