Chief justice encourages end to judicial vacancies

January 3, 2011
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It’s a recurring problem and one the chief justice of the United States Supreme Court would like to see end as quickly as possible: numerous judicial vacancies.

In his annual year-end report, Chief Justice John Roberts cites these vacancies as one of the immediate obstacles in preventing the judiciary from achieving the goals spelled out in the “Strategic Plan for the Federal Judiciary.”

The chief justice is quick to point out that the judiciary respects the nomination process, but that there is a “persistent problem” in the process of filling these vacancies.

“Each political party has found it easy to turn on a dime from decrying to defending the blocking of judicial nominations, depending on their changing political fortunes,” he writes. “This has created acute difficulties for some judicial districts.”

While heartened by the recent rash of confirmations by the Senate, he urges a solution between the political parties for this recurring problem.

We saw this political battling first-hand with the nomination and eventual confirmation of Judge David F. Hamilton to the 7th Circuit Court of Appeals. Judge Hamilton, then a U.S. District Judge in the Southern District of Indiana, was nominated by President Barack Obama in February 2009, and was confirmed by the Senate Judiciary Committee in June 2009. But Republican members used rules to hold up a vote before the full Senate for several months before he was finally confirmed Nov. 19, 2009.  

Judge Hamilton was taking over a vacancy on the 7th Circuit left when Judge Kenneth Ripple took senior status in September 2008.

This type of delay is happening in Circuit and District courts across the country. It’s nothing new. But when these political battles or standoffs happen, they affect a lot of people. Not only do they impact the judges and court staff in these courts with the vacancies, who are forced to keep up with caseloads, but it affects those who will appear in those courts.

I don’t see an end to this any time soon, do you?

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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