Chief Justice John Roberts agrees -- we need a functioning judicial system:
There is an "urgent need" for Senate Democrats and Republicans to put aside their bickering and fill federal judicial vacancies, Chief Justice John G. Roberts Jr. wrote Friday in his annual State of the Judiciary report.
It was his first comment about the partisan gridlock on judges that affects President Obama's nominees. But Roberts noted that Democratic and Republican presidents have been frustrated by the "persistent problem" of senators from the opposing party blocking action on nominees.
According to the most recent Alliance for Justice report, there are 111 vacancies on the federal courts, with 44 "judicial emergencies" as determined by the Administrative Office of the U.S. courts. It's hard to exaggerate the costs of an understaffed judiciary; in the absence of outside help -- other courts or retired justices -- affected courts are forced put thousands of cases on standby, delaying (or denying) justice for countless people.
It bears repeating that Democrats are an obstacle to themselves here; Barack Obama hasn't made judicial nominations a priority for his administration, and Harry Reid hasn't made them a priority for the Senate. Filibuster abuse is obviously a problem, but a rules change isn't necessary for lower court nominees delayed by anonymous holds. Like Jonathan Bernstein, I'd like to see Reid challenge holds and expedite the confirmation process. As for President Obama? He should take a page from George W. Bush and bring judicial nominations to the national stage. In 2011, the phrase "up or down vote" should be at the forefront of liberal rhetoric.
-- Jamelle Bouie
