Judicial Vacancies

This morning, by a vote of 96-0, Jane Kelly was confirmed to the Eighth Circuit Court of Appeals. She becomes the second woman ever to sit on that court, joining Judge Diana Murphy, and the first from Iowa.

Now-Judge Kelly’s confirmation is not only worth celebrating because it adds much-needed diversity to this court, but also because it is exemplary of what the confirmation process should look like: Judge Kelly was nominated on January 31, had her judiciary committee hearing on February 27, was voted out of committee on March 22 – and one month and two days later, she was confirmed. Rather than the 116 days that, on average, President Obama’s nominees wait for a vote on the Senate floor, Judge Kelly was confirmed only 83 days after her nomination. Read more »

On Friday, the American Constitution Society marked International Women’s Day with a blog on one of our favorite subjects – diversity on the federal bench. In case you weren’t able to enjoy this great post on Friday, read on:

Making Progress, Albeit Slowly, on Diversifying the Federal Bench

In celebration of International Women’s Day, ACS highlights the progress made over the last four years to diversify our federal judiciary. Read more »

We don’t always get a second chance to make things right. But tomorrow, obstructionists in the U.S. Senate do. In December 2011, every Republican Senator, save one (Senator Lisa Murkowski) filibustered the nomination of Caitlin Halligan to the important Court of Appeals for the District of Columbia Circuit. Tomorrow, the Senate will get a second chance to allow this outstanding nominee to receive an up-or-down vote.

The delays in her confirmation have only caused more problems for this court, and the public at large, during the thirteen months since the first vote to move to consider Caitlin Halligan’s nomination failed. Instead of three open seats on the D.C. Circuit, as there were in 2011, there are now four – making the D.C. Circuit the appellate court with the highest number of vacancies in the country. Now seven judges must do the work meant for a full eleven-judge court. With each vacancy, each judge’s caseload of complex, nationally important cases has grown.  What else has changed? Well, since President Obama won a second term, the virtual total shutdown of the confirmation process has ended. So now is clearly the time to move the Halligan nomination forward, to a consideration of her excellent record – and a confirmation vote. Read more »

March is Women's History Month, which affords us the opportunity to reflect on how far we've come in this country, and how far we have yet to go. And in many respects, recent events in the Congress illustrate both themes. For example, the last day of February, the Congress reauthorized the Violence Against Women Act, with even stronger protections for Native American, immigrant, and LGBT women. Yet it was a long and hard-fought battle, despite this law's proven effectiveness is combating domestic violence and the overwhelming bipartisan support the law has enjoyed over time.

Another example? Diversity on our federal courts. President Obama’s Administration has nominated more women and people of color for judgeships than any previous Administration in history. President Obama already has appointed more minority women judges than President Bush or President Clinton. As a result, the percentage of active women judges on the federal bench has increased from slightly above 25% to over 30% since 2009. For the first time in history, moreover, three women serve on the Supreme Court at one time. And of course, Justice Sonia Sotomayor, President Obama's first nominee to the Supreme Court, became the first Hispanic to sit on the highest court in the land. Read more »