Much has already been written about what should be done in the "lame-duck" session of Congress that resumes tomorrow. Count me among those who believe that the right course of action on the Bush tax cuts is to let them all expire in January, and then promptly negotiate a retroactive tax cut bill that increases marginal rates on income for the wealthiest Americans. Indeed, there is much to do without taking on Republican obstruction on tax rates--there's the expiring farm bill, federal relief for victims of Sandy, and a host of other actions that should be seen as critical. But there's another item which has received comparatively little attention, but deserves immediate focus...Senate floor votes on President Obama's pending judicial nominees.
Right now, there are four nominees for Circuit Courts of Appeal, and fifteen District Court judges that have been reported to the Senate floor by the Senate Judiciary Committee, who are awaiting a vote. There is absolutely no reason to wait months for a new Congress to be seated to begin the process of voting on these nominees. Now, Republican intransigence is not just going to evaporate, and it may well be that some of the more "controversial" nominees (that have not yet been reported by the Judiciary Committee) will need to await filibuster reform before they can assume the bench. But for those that have already been vetted and whose nominations have already been pending for months, there is no reason to make them wait any longer.
Indeed, it may be that Republicans will be willing to allow votes on at least the district court nominees. Although President Obama has appointed the same number of Circuit Court judges as Clinton (and a comparable number as did Bush) at this same point in their respective first terms, the President lags considerably when it comes to district court nominees (169 for Clinton, 164 for Bush, and 128 for Obama). Just allowing votes on 15 of the pending district court nominees would help to close this gap. Republicans may just not care anymore about whether they are seen as gumming up the Congressional works, but perhaps just a bit of a push from the Senate Democrats could make real progress against the very real problem of judicial vacancies.
It is well-documented that our federal courts have been asked to do more with less for years and years. It's a cliche, but it's very true that justice delayed all too often becomes justice denied. When courts--particularly federal district courts--become backlogged, it creates tremendous inefficiencies that generate many untold costs for the private sector. Getting the 15 district judge nominees who are just waiting for a vote to work today (and not next year) would have an immediate and beneficial impact on the administration of justice nationwide.
These are qualified judges, many of whom will enhance the diversity of a federal bench which, thanks to President Obama, is more diverse than ever. And although we're talking about less than two dozen judges, there are many additional jobs that come along with these judges. Each of these new district judges would employ courtroom deputies, court reporters, and judicial clerks--and by helping to jumpstart cases that are dormant due to court congestion and backlog, they will get lawyers and clients working again as well.
There's a lot of work to do, and much of that important work concerns fiscal issues, tax fairness, and the preservation of the social safety net against deficit scolds. But while we're at it, we should not ignore the judiciary. The president has a number of excellent nominees that should be confirmed--to alleviate the judicial backlog, to create jobs, and to make our judiciary more efficient. It's the right thing to do, and we should start doing it. And there's no time like the present.