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22 N.Y.U. J. Legis. & Pub. Pol'y 421 (2019-2020)
Filling the Federal District Court Vacancies

handle is hein.journals/nyulpp22 and id is 427 raw text is: FILLING THE FEDERAL DISTRICT COURT VACANCIES Carl Tobias* INTRODUCTION .............................................. 421 I. MODERN JUDICIAL SELECTION PROBLEMS ............. ..423 A. Persistent Vacancies............................. 424 B. The Contemporary Dilemma ..................... 425 II. JUDICIAL SELECTION UNDER THE TRUMP ADMINISTRATION ............. ...................... .427 A. Nomination Process ............................. 427 B. Confirmation Process............................ 436 C. Explanations for Nomination and Confirmation Problems ....................................... 444 III. CONSEQUENCES ...................................... 447 IV. SUGGESTIONS FOR THE FUTURE ....................... ..451 A. Short-Term Suggestions ......................... 451 B. Longer-Term Suggestions........................ 456 C. More Dramatic Reforms ..................... 461 CONCLUSION ................................................ 463 INTRODUCTION President Donald Trump's major success has been confirming judges for the thirteen federal appellate courts. The President shattered records by appointing a dozen circuit jurists in his administration's first year, eighteen judges over the course of 2018, and twenty addi- tional judges throughout his third year. Indeed, by June 2019, the ap- peals courts experienced four vacancies in 179 judgeships and today, only one position remains empty. This achievement is critical, as these tribunals are the courts of last resort for nearly every appeal, and ap- * Williams Chair in Law, University of Richmond School of Law. I wish to thank Margaret Sanner for valuable suggestions, Jamie Wood, Jane Baber and Emily Bene- dict for valuable research and editing, the University of Richmond Law Library staff for valuable research, the New York University Journal of Legislation and Public Pol- icy editors for excellent editing, research and advice, Leslee Stone and Ashley Griffin Hudak for excellent processing, as well as Russell Williams and the Hunton Andrews Kurth Summer Research Endowment Fund for their generous, continuing support. Remaining errors are mine. 421 Imaged with Permission of N.Y.U. Journal of Legislation and Public Policy

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