Constitutional Law

Increasing Federal Bench Vacancies Concern Observers, Including Justice Kennedy

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There are 876 federal judgeships in the United States. But an increasing number are unfilled, and nearly half of these seats could be vacant by the end of the decade if the current slow pace of selecting and approving nominees for open judicial jobs continues.

Right now, there are 102 vacant seats on the federal bench, with nominees pending for only 39 of them, reports the Los Angeles Times.

The increasing politicization and contentiousness of the confirmation process is a big part of the problem, observers say.

“It’s important for the public to understand that the excellence of the federal judiciary is at risk,” said U.S. Supreme Court Justice Anthony M. Kennedy at the U.S. 9th Circuit Judicial Conference earlier this month. “If judicial excellence is cast upon a sea of congressional indifference, the rule of law is imperiled.”

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