More than 100 vacancies occur throughout
the federal circuit and district courts at the present time. The Federal Bar Association says that the Senate must “act promptly” on confirming the President’s nominees
because “the increasing number of federal judicial vacancies throughout the
federal court system is straining the capacity of the federal courts to administer
justice in an adequate and timely manner.” The association also says that this
lack of judges causes “unnecessary hardship and increased costs on individuals
and businesses” with pending lawsuits.
President Donald Trump recognizes the
need to fill the judge positions. After seeing Judge Neil Gorsuch successfully
confirmed to the U.S. Supreme Court, he turned his attention to filling other
positions. He recognizes his opportunity to leave a “mark” on the lower courts
of the federal court system as he fills the lifetime appointments.
In keeping with his responsibility,
President Trump named ten nominees for the federal judiciary on Monday, May 8,
2017. Many of the nominees are still in their 40s. Fred Lucas at The Daily Signal quotes legal scholar John Malcolm as saying, “They all
appear to be bright, young, capable conservatives who promise to be outstanding
judges; some are already judges.”
Lucas
also quotes Sean Spicer, White House press secretary, as saying:
These 10 individuals the president has
chosen were chosen for their deep knowledge of the law and their commitment to
upholding constitutional principles. Two of the nominees today came from the
list of potential Supreme Court nominees that the president released during the
campaign. … The president followed the principles that were used to guide that
list to select the additional eight individuals…. I think you will continue to
see a very robust amount of announcements on not just the judicial front, but on
several fronts.
Since most of the Justices on the
Supreme Court came from the Appeals Court, we may see some of these same people
nominated to fill future openings there. They may not be on the short list
simply by confirmation to an Appeals Court, but they will definitely be on the
long list. The Appeals Courts hear hundreds, maybe thousands, of cases each
year, while the Supreme Court takes about seventy-five cases annually.
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