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Guest Commentary January 29, 2002
Federal Judiciary Faces Crisis with Vacancies
The Honorable Orrin Hatch
On January 1 of this year, Supreme Court Chief Justice William Rehnquist released his 2001 Year-End Report on the Federal Judiciary.
In this report, the Chief Justice stressed the urgent need to fill vacancies promptly, particularly in light of the threats facing our nation at present. He noted that although the structure and the scope of the judiciary has changed dramatically since its creation in 1789, "one thing has not changed: the federal courts have functioned through wars, natural disasters, and terrorist attacks. During times such as these, the role of the courts becomes even more important in order to enforce the rule of law. To continue functioning effectively and efficiently, however, the courts must be appropriately staffed. This means that necessary judgeships must be created and judicial vacancies must be timely filled with well-qualified candidates."
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Since the September 11 attacks, I have shared the Chief Justice's concern about the potential impact of the vacancies in the federal judiciary on our nation's ability to fight the war on terrorism. Federal judges are instrumental in combating terrorism by presiding over hearings and trials, and by imposing just sentences. What's more, they play a crucial role in protecting civil liberties by ensuring that our law enforcement officials abide by the letter and the spirit of the law.
In addition to their integral function in the criminal justice system, federal judges preside over and decide civil cases that impact everyday business relationships. Federal judges are tasked with preserving the rights of employers and workers alike. They also provide the certainty of dispute resolution necessary for future business and employment decisions. But when there is a shortage of federal judges, criminal matters must understandably take precedence due to speedy trial concerns. The unintended consequence is that American workers and their employers are left hanging in limbo when their cases are not being heard in a timely manner.
Today we have nearly 100 judicial vacancies – a far cry from the appropriately staffed judiciary of which Chief Justice Rehnquist spoke. When the Chief Justice addressed the vacancy crisis in his 1997 year-end report, there were 82 empty seats on the federal bench – nearly 20 fewer than the present situation. Commenting on the 1997 statistic, the Washington Post in a January 1998 editorial remarked, "[T]he problem of judicial vacancies is getting out of hand. Nearly 10 percent of the 846 seats on the federal bench are now empty[.]" One key Democratic Senator called these figures "pretty frightening" and said, "If this continues, it becomes a constitutional crisis."
Well, the situation is far worse today: There are now 99 vacancies, which means that nearly 12% of the seats in the federal judiciary are empty. But we in the Senate have an opportunity to address this crisis. We can make a real difference in the administration of justice in this country simply by fulfilling our constitutional responsibilities of advice and consent. In fact, Chief Justice Rehnquist specifically urged the Senate "to act with reasonable promptness and to vote each nominee up or down." He continued, "The Senate is not, of course, obliged to confirm any particular nominee. But it ought to act on each nominee and to do so within a reasonable time." ...
At a time when our national security is at stake, we have a duty to follow the Chief Justice's admonition and act promptly on these pending nominees.
Orrin Hatch is a U.S. Senator (R-Utah). The above column has been adapted from a speech Sen. Hatch delivered on the floor of the Senate, January 25, 2002. To contact him, Click Here.
The above column has been distributed by PoliticsOL.com.
