y February 2002, President George W. Bush had nominated 89 judges to the lower federal courts. This week, Senate Judiciary Chairman Patrick Leahy prodded President Obama, who has nominated just 42 federal judges to date, to "get up names as quickly as possible." President Obama promised to make this "a priority." He'd better.
There are currently 102 vacancies on the federal bench. Of these, 31 constitute "judicial emergencies"—vacancies that have severely threatened a court's ability to handle its workload. Before the end of the year, there will be dozens of additional openings on the lower courts (20 have already been announced) and, in all likelihood, one and perhaps even two Supreme Court vacancies to fill. With an energized Republican Party, the loss of a filibuster-proof majority, and a scary-looking midterm election in November, Obama faces a difficult task in filling these vacancies this year. But this is it—when is he likely to have a better opportunity?
Obama has a difficult road ahead partly because of his failure to act swiftly on nominations during his first year in office. In 2009, Obama nominated 33 judges to the district and circuit courts, and the Senate confirmed 12. These numbers are, in a word, pathetic. New obstructionist tactics by Senate Republicans are partially to blame. But Obama deserves some blame, too; the paucity of nominees made it hard to scream too loudly about the lack of confirmations. The Senate's Republican leadership capitalized by making Majority Leader Harry Reid fight hard for every single confirmation vote for a judicial nominee, even when nominees ended up getting confirmed unanimously. Preoccupied by passing health care, Reid had trouble finding the floor time even to move the nominees.
http://www.slate.com/id/2243845/