Quick Facts

PRESIDENT OBAMA S JUDICIAL NOMINEES: HISTORIC SUCCESSES AND HISTORIC DELAYS

BUILDING A SUPREME COURT FOR THE

ST CENTURY

President Obamas historic Supreme Court nominations reect the qualities he has identied in all of his judicial nominees integrity, intellect and an abiding commitment to equal justice under the law. Hon. Sonia Sotomayor - Associate Justice
Conrmation Date: August 6, 2009 We celebrate the impact Justice

Hon. Elena Kagan - Associate Justice

Conrmation Date: August 7, 2010

Sotomayor has already had on people across America who have been inspired by her exceptional life story. We celebrate the greatness of a country in which such a story is possible. And we celebrate how, with their overwhelming vote to conrm Justice Sotomayor, the United States Senate Republicans and Democrats tore down yet one more barrier and a rmed our belief that in America, the doors of opportunity must be open to all.
President Obama

For nearly two centuries, there wasnt a single woman on the Supreme Court. When Elena was a clerk, there was just one. But when she takes her seat on that bench, for the rst time in history, there will be three women serving on our nations highest court. It is, as Justice Ginsburg recently put it, one of the most exhilarating developments a sign of progress that I relish not just as a father who wants limitless possibilities for my daughters, but as an American proud that our Supreme Court will be a little more inclusive, a little more representative, more reective of us as a people than ever before.
President Obama

CREATING A JUDICIAL POOL THAT RESEMBLES THE NATION IT SERVES

President Obamas nominees embody an unprecedented commitment to expanding the racial, gender and experiential diversity of the men and women who enforce our laws and deliver justice.

Presidents Conrmed Judges

WOMEN

Judicial Firsts Under President Obama

Bush 23% Clinton 29%

Obama 47%

1st Latina on the Supreme Court 1st federal court

Openly gay man conrmed to a Women judges of Chinese, Korean Supreme Court Justice conrmed

AFRICAN AMERICANS

Obama 19%

Bush 7%

Clinton 16%

1st and Vietnamese descent 1st with a disability

HISPANICS

Obama 12%

Bush 9%

Clinton 7%

ASIAN AMERICANS

Obama 5%

Bush 1%

Clinton 1%

Of the 22 nominees waiting to be conrmed by the Senate: 9 are women 3 are African American 3 are Asian American 2 are Hispanic 1 is openly gay

Openly gay judges: 4 nominated 2 conrmed

First female judges in ve District Courts

Obama has almost doubled the number of Asian-Americans on the bench

The only active Asian American Circuit Court judge

Jacqueline Nguyen, waiting for a oor vote since 12/1/11, would be the rst ever Asian American woman to serve as a Circuit Court judge

Each nominee goes through the following steps before being conrmed.
1

THE CONFIRMATION PROCESS

2 The President nominates

The President consults with Senators and seeks their advice.

President Obama consults with both Republican and Democratic Senators prior to making a selection and has nominated many candidates recommended by Republicans.

someone to the position.

3 Senate Judiciary Committee holds

a hearing to review the nominee's record and qualications. Senators ask questions of the nominee. ALL 186

186

federal judicial nominees named by President Obama

5 The full Senate debates the

of President Obamas nominees have been rated well qualied or qualied by the American Bar Association
6

4 The Judiciary Committee votes

rejected, or no recommendation).

on the nomination, and makes a recommendation (reported positively,

93%

nomination. Senators can libuster a nominee, requiring a vote of 3/5 to end debate, or threaten a libuster, causing needless delay.

When debate ends, the Senate votes on the nomination. Conrmation requires a simple majority of the Senators present and voting.

received bipartisan support in Committee.

22

nominees waiting would ll judicial for the Senate to vote emergencies

11

133 out of 186

of President Obamas nominees have been conrmed

The rising number of judicial vacancies is a direct result of unprecedented delays in the Senate conrmation process.

DELAYS IN THE SENATE

Percentage of all Nominees Conrmed

Carter Bush I Clinton Bush II Obama
Source: CRS Judicial Nominations Database.

92.8% 93.3% 77.9% 84.2% 86.8%

Average Wait Time Between Judiciary Committee Vote and Conrmation*

CIRCUIT COURT CANDIDATES

Reagan

Obama

136
DAYS

Bush

71.5% (133 of 186)

A minority of Senators has Obama systematically and irresponsibly used procedural maneuvers to block or delay conrmation votes on judicial nominees,
President Obama

DAYS

28

DISTRICT COURT CANDIDATES

133: Number of judges Conrmed

DAYS

93

Bush

DAYS

22

*at same point in their Presidency

22: Passed Committee, havent had Senate vote

19 of those 22 nominees pending on the oor received bipartisan support

Source: DOJ

Since the cloture rule was adopted in 1917, there have been 22 libusters of District Court nominees 19 of them nominated by President Obama, including the 17 waiting for conrmation now.

THE CONSEQUENCES FOR AMERICA

Americans deserve fair and timely judicial proceedings but the rising number of judicial vacancies hurts families and businesses by delaying critical court proceedings and increasing costs, adding uncertainty, squeezing family budgets and preventing businesses from investing and creating jobs.

1 of 10

Delays Hurt Businesses and Taxpayers

Average Wait in 2009 for a Civil Litigants Jury Trial Wait in 2010 for 15.9% (45,411) of all Civil Cases for a Resolution

Federal Judgeships is Vacant

Judicial Vacancies are Growing Instead of Shrinking

MONTHS

25.3

3 YRS
In 2006 only 6.6% (17,466) of all civil cases had to wait 3 years for a resolution
December 2010 Federal Court Management Statistics for all U.S. District Courts

OVER

2009

2012

55

83

Things are even slower on the civil side. If you're a company or an individual involved in a federal lawsuit, you can expect to be cooling your heels for two years before the trial begins. That's two years of cost and uncertainty.
Chicago Tribune Editorial, 4/18/11

The number of vacancies President Bush had at this point in his Presidency

47

There is "an urgent need for the political branches to nd a long-term solution to this recurring problem," which has "created acute di culties for some judicial districts" and left some sitting judges "burdened with extraordinary caseloads."
Chief Justice Roberts, 2010 Year-End Report on the Federal Judiciary

Fewer Federal Judges Means Even More Waiting Time for Trials

the cost to the federal government in 2010 for detention of inmates before their trials
Source: DOJ

$1.4 billion

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UPDATED ON MARCH ,