Free The Judges

by Stuart Shapiro

Supreme Court Justice Anthony Kennedy has joined the chorus of those calling for speedier confirmation of judicial nominees.  How bad has it gotten?

On average, President Bush’s appellate court nominees waited an average of 24 days to be confirmed after being favorably reported out of the Judiciary Committee, but President Obama’s appellate nominees wait an average of 116 days.”

Making matters worse, Senate Republicans frequently delay consideration of uncontroversial nominees for months, only to see those same judges get confirmed unanimously.

What do you want to bet that many of the Republicans delaying consideration are the same ones who called for up or down votes during the Bush Administration?  Why does it matter so much?

These vacancies needlessly delay justice for thousands of Americans. According to the Administrative Office of the U.S. Courts, the federal judiciary now requires nearly nine months to resolve a single civil case, and much longer if the case is appealed or if it requires a full trial on the merits. This long wait for justice will skyrocket even further if judicial vacancies are not filled.

This damages people’s faith in justice and in the government.  Of course, maybe this is the goal of those behind the delays.

By: Stuart Shapiro

Stuart is a professor and the Director of the Public Policy
program at the Bloustein School of Planning and Public Policy at Rutgers
University. He teaches economics and cost-benefit analysis and studies
regulation in the United States at both the federal and state levels.
Prior to coming to Rutgers, Stuart worked for five years at the Office
of Management and Budget in Washington under Presidents Clinton and
George W. Bush.