Empty Bench Syndrome

By JONATHAN BERNSTEIN
NYT

San Antonio

ON Monday the Senate finally confirmed three federal judges nominated by President Obama last year, thanks to a deal between the Senate majority leader, Harry Reid of Nevada, and his Republican counterpart, Mitch McConnell of Kentucky, to move forward on some of the less controversial judicial nominations.

It was a small but positive step toward solving the vacancy crisis in the federal judiciary system, the result, according to Democrats, of more than a year of Republican obstruction of President Obama’s nominations.

But that’s only half the story. Both the White House and Congressional Democrats have failed to make these nominations a priority — and until they do, the number of empty seats on the bench, and the ensuing courtroom backlog, will get only worse.

The Democrats are right to lay some of the blame on Republicans. In 2009 Senator McConnell made clear his party would filibuster every item on President Obama’s agenda, including judicial nominations.

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