Denis Steven Rutkus
Specialist on the Federal Judiciary
Barry J. McMillion
Analyst on the Federal Judiciary
In 2012, a presidential election year, an ongoing subject of debate in the Senate has been how many U.S. circuit and district court nominations should be confirmed by year’s end, and how late in the year the Senate should continue to confirm them. Senators have disagreed as to what guidance, if any, previous presidential election years provide to the Senate regarding these questions. They have differed specifically on whether slowing down, or stopping, the processing of judicial nominations at a certain point during this session of Congress, or after a certain number of nominees have been confirmed, would be in keeping with the Senate’s experience in past presidential election years.
This report seeks to help inform the debate, by analyzing the number and timing of circuit court and district court nominations confirmed by the Senate in presidential election years from 1980 to 2008. The report compares the processing of judicial nominations during these years, using various quantitative measures, while relating its findings to the Senate’s processing of judicial nominations in 2012, as of June 30.
Findings in the report include the following:
- The greatest and smallest numbers of circuit court nominees confirmed during a presidential election year in the 1980 to 2008 period were 11 and 2, compared with 5 confirmed thus far in 2012. Annual percentages of nominees confirmed ranged from 71.4% to 18.2%, compared with 41.7% confirmed in 2012, as of June 30.
- The greatest and smallest numbers of district court nominees confirmed in the 1980 to 2008 election years were 55 and 18, compared with 24 confirmed in 2012, as of June 30. Annual percentages of nominees confirmed ranged from 77.9% to 46.2%—the latter identical to 46.2% confirmed in 2012, as of June 30.
- Of 57 circuit court nominees confirmed during presidential election years from 1980 to 2008, most were confirmed in February (14.0% ), May (15.8%), June (21.1%), and October (14.0%).
- Of 280 district court nominees confirmed during presidential election years from 1980 to 2008, most were confirmed in February (11.8%), May (15.7%), June (20.0%), and September (11.4%).
- In the four most recent presidential election years, 1996 to 2008, Senate confirmation of circuit court nominees almost completely stopped after June 30, with 18 of 19 (94.7%) confirmed in the first six months of the year. In contrast, during presidential election years from 1980 to 1992, approximately 42% of circuit court nominees were confirmed post-June.
- In contrast, in the four most recent presidential election years,1996 to 2008, a greater percentage of district court nominees were confirmed in the second half of the year (45.7%) than were confirmed after June 30 in the four previous election years of 1980 to 1992 (35.4%).
- During the presidential election years from 1980 to 1992, the Senate confirmed circuit court nominees as late as October (in three of the years) and December (in the fourth year). By contrast, in the four more recent election years, 1996 to 2008, the Senate did not confirm a circuit nominee after July. In seven of the eight election years, the last district court nominee was confirmed in September or later.
- During the 1980 to 2008 presidential election years, the Senate annually confirmed an average of five circuit court nominees by the end of June, the same number as confirmed by the Senate in 2012, as of June 30.
- The Senate confirmed an average of 21 district court nominees by the end of June during the 1980 to 2008 presidential election years, compared with 24 confirmed by the Senate in 2012, as of June 30.
- Circuit court judgeship vacancy rates declined between January 1 and December 31 in six of eight presidential election years from 1980 to 2008. District judgeship vacancy rates declined in four of the election years. During certain election years, Senate confirmation rates appeared related to the rise or fall in judicial vacancy rates.
Date of Report: July 12, 2012
Number of Pages: 25
Order Number: R42600
Price: $29.95
Document available via e-mail as a pdf file or in paper form.
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