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Judicial Nominations Word Problems

Today, the Senate confirmed two judges to district courts in Texas, Gregg Costa to the Southern District and David Guaderrama to the Western District. These individuals were nominated last September, ready for a Senate vote last December, and were confirmed by votes of 97-2 – hardly nominees that warranted nearly five months of delay, especially considering that one of the nominations was designated a judicial emergency. Especially especially considering that these nominees had the support of their home-state Republican Senators. Not a surprise, given the levels of obstruction by a determined minority in the Senate in recent years, but frustrating all the same.

Under the terms of a deal worked out last month by Senate leadership, two more district court nominees and one circuit court nominee will receive a vote on May 7. And that is where the March deal ends – unfortunately with a lot of ground left to cover. How much ground? I have spent a few evenings this week lightly assisting my third-grade daughter with her math homework, so the following is inspired by our running conversation:

There are 34 individuals nominated to vacancies on federal courts. 22 of them are ready for a Senate vote (extra credit: six of them are women), and at least eight or nine more will be ready for votes by the end of June. The Senate has 11 weeks when it will be in session before it takes its long break in August.  Three nominees will get votes on May 7. How many judges would the Senate have to schedule votes on per week in order to clear this backlog by August?

Even for my math-averse third-grader, the answer is not that complicated: at most three judges per week (maybe four if we exclude the week of May 7, when there is a vote already scheduled). That’s it! It doesn’t take into account any new nominations the President may make, but really, clearing the backlog would be as easy as pie.

Now for the extra credit: who can make Senate leadership do it? The answer: you. Contact your Senators and tell them that you expect them to take a stand against obstruction and urge Senate leadership to schedule votes on all pending nominees.

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