People For the American Way

Why Only Two Judges for Hearings This Week?

Good news: For the first time since January, the Senate Judiciary Committee is allowing a hearing on judicial nominations. The bad news: Although seven nominees have been waiting since last November, Chairman Chuck Grassley is only allowing a hearing for two of them.

That's right … although the number of circuit and district court vacancies has increased from 40 to 51 since the beginning of the year, and even though the number of judicial emergencies has jumped from 12 to 22 in that time, and even though there are numerous nominees who could have a hearing this week, all but two of them will have to keep waiting.

Roseann Ketchmark would serve in the Western District of Missouri, and Kara Farnandez Stoll would serve in the Federal Circuit. For those whose legal rights are protected by those courts, tomorrow's hearing is good news.

But why only two nominees on the agenda? Dale Drozd would fill a judicial emergency in California's Eastern District. LaShann DeArcy Hall and Ann Donnelly would serve in New York's Eastern District. Travis McDonough has been nominated for a seat in Tennessee's Eastern District. And L. Felipe Restrepo would fill a judicial emergency on the Third Circuit, where a second vacancy will be opening up in July.  They all have to wait.

This fast-as-molasses action from the Judiciary Committee stands in stark contrast to how the Democratic Senate processed George W. Bush's nominees in the last two years of his presidency. The Senate confirmed 68 circuit and district court nominees during that time, slashing the number of vacancies from 56 at the start of 2007 to as low as 34 in the fall of 2008.

The current Senate should match that dedication to processing judicial nominations. For that to happen, the Judiciary Committee needs to let nominees have timely hearings.