Vacancies in the Federal Judiciary

"Time ticking for Bush's judicial picks," is Pamela MacLean's report in the upcoming issue of National Law Journal.

Republican senators are anxious about 28 judicial nominees awaiting confirmation, the 46 total vacancies and the dwindling time left in President Bush's term to get more of his candidates on the federal bench.

Of the 28 nominees awaiting approval by the Senate, 10 are appellate court nominees and 18 are trial court selections.

The 4th U.S. Circuit Court of Appeals in particular is in the political crosshairs. With five of its 15 judicial seats vacant and the current members of the court divided evenly with five Republican and five Democrat appointees, the president who fills those vacancies could shift the philosophical balance of the court.

And:

Bush confirmations lag behind totals for his predecessors.

Bush has had 298 judges confirmed so far in his two terms in office, including two Supreme Court justices, while Clinton had 378 judges confirmed, which is second only in history to President Ronald Reagan with 389 judges.

Yet two backroom deals in the Senate may ease up the tensions, at least temporarily, and get a few candidates confirmed.

Reid and minority leader Mitch McConnell, R-Ky., agreed to try to confirm three appellate court judges prior to the Memorial Day holiday, which falls on May 26. But they did not specify who among the 10 appellate nominees might get the green light.

Earlier coverage is here.