texas, where are the judges?

8/12/2019 Texas, Where Are the Judges?

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1 Center or American Progress | Texas, W here Are t he J udge s?

Texas, Where Are the Judges?

By Sandhya Bathija, Joshua Field, and Phillip Martin April 2, 2014

When Presiden Barack Obama was firs eleced in November 2008, exas had a

complee slae o disric cour judges.1However, ha was he las ime exass ederal

cours operaed a ull capaciy. Less han a monh afer he 2008 elecion, on November

30, 2008, U.S. Disric Cour Judge W. Royal Furgeson Jr., who served on he Wesern

Disric o exas, ook senior sausa orm o semireiremen or ederal judges. Now,

some 2,000 days laer, his old sea remains unfilled.

Because o he deerence o home-sae senaors o recommend judicial nominees, he

blame or his judicial vacancy crisis alls squarely on he shoulders o exass wo U.S.

senaors, Republicans John Cornyn and ed Cruz, who have ailed o ac and address

his serious problem.

Alhough Judge Furgesons sea has been vacan he longes, his empy spo on he ederal

bench is jus he ip o he iceberg o wha has become a judicial vacancy crisis in exas.

As o March 19, here are 10 curren vacancies on ederal cours ha serve exas, he

mos o any sae in he naion.2

I nohing is done abou his siuaion, in he nex year,here will be a leas 13 vacancies on hese cours.3Te resul o hese curren vacancies is

a backlog o more han 12,000 cases and a denial o access o jusice or exans. 4

Perhaps Sens. Cornyn and Cruz do no ge i, bu ederal cours mater, and having

judgeships siting vacan should have all exans very concerned. Federal judges in exas

make decisions on Social Securiy benefis, immigraion laws and border enorcemen,

and employmen and civil liberies. Tey rule in criminal cases and are responsible or

senencinga job many ederal judges consider heir mos imporan and difficul duy.5

Tis problem o unnecessary, lenghy delay in he appoinmen process is having

negaive consequences ar beyond he vacancies involved, said Rep. Lloyd Dogget

(D-X) in April 2012, explaining ha when Americans are denied equal access o one-

hird o our governmen, i creaes uncerainy ha prevens businesses rom invesing,

huring exass economy. Empy robes jeopardize our judicial sysem and filling hem

mus be a higher prioriy.6


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Teres no doub exas has an abundance o qualified, diverse candidaes o serve

on is disric cours and on he 5h U.S. Circui Cour o Appeals. According o he

American Bar Associaion, in 2013, here were 82,607 pracicing atorneys in exas.7

Ye Sens. Cornyn and Cruz have shunned heir responsibiliy o provide names o

candidaes o he Whie House. I is pas ime ha he people o exas have a ully

uncioning ederal judiciary.

Denying Texans access to justice

exas currenly has seven disric cour judicial vacancies.8Four o hese vacancies have

been designaed judicial emergencies by he Adminisraive Office o he U.S. Cours,

meaning ha because o he lack o judges, he cours canno keep up wih he demand-

ing caseload.9Whas more, our more disric cour seas will open in he nex year.10In

addiion, hree vacancies on he 5h U.S. Circui Cour o Appeals are designaed exas

seas, meaning hey mus be filled wih he suppor o exass senaors.11All hree 5h

Circui vacancies are also judicial emergencies.

Federal cours make rulings ha direcly affec he

lives o Americans. Our ederal cours hear cases in

which he Unied Saes is a pary, cases involving

violaions o he Consiuion or ederal laws, and

cases beween ciizens o differen saes. Te ed-

eral cours also hear bankrupcy cases, paen cases,

and cases involving mariime law.

Americans clearly undersand he impor andinfluence ha decisions made by he U.S. Supreme

Cour can and do have on heir lives. Ta is why

is naional ron-page news when a Supreme

Cour jusice seps down. Bu while Supreme

Cour decisions may make he headlines, he real-

iy is ha lower ederal courshose affeced by

exass judicial vacancy crisisdecide hundreds

o imes more cases han he Supreme Cour.

Americans would never permi 2,000 days o go

by wihou filling a vacancy on he U.S. Supreme

Cour, bu ha is wha has happened on exass

ederal disric cours.

Because ederal benches are siting empy in he

Lone Sar Sae, exans canno have heir cases

heard in a imely manner. Meanwhile, exas ederal

As of March 2014:

Texas alone constitutes more than 20 percent of all future and current

federal judicial vacancies without a nominee across the country

Current Texas federal judgeships have sat vacant for: 5,687 days, or 15.58 years, on the district courts

1,454 days, or 3.98 years, on the circuit court

7,141 days, or 19.56 years, total

The Texas federal court backlog*which is based on the number of da

that currently unfilled judgeships have sat vacant and on the average

number of cases both circuit court and district court judges hear per ye

stands at:

More than 10,450 cases backlogged in the district courts

More than 1,760 cases backlogged in the circuit courts

More than 12,210 cases backlogged total

* The backlog does not account or cases that might be taken by magistrate, visiting, or senior-status judges.

Source: Alliance or Justice, Judicial Vacancies Without Nominees, available at http://www.af.org/wp-content/

uploads/2014/02/Judicial-Vacancies-Without-Nominees-2.19.14.pd (last accessed March 2014); Alliance or

Justice, Pending J udicial Nominees, available at http://www.af.org/wp-content/uploads/2014/02/Pending-

Judicial-Nominees-2.19.14.pd (last accessed March 2014); United States Courts, Caseload Statistics 2013, avail-

able at http://www.uscourts.gov/Statistics/FederalJudicialCaseloadStatistics/caseload-statistics-2013.aspx (last

accessed March 2014).

Texas vacancy consequences


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judges and heir saffs are overworked. While he Supreme Cour decides only around

80 cases per year, he 5h U.S. Circui Cour o Appealswhich is responsible or exas

appealsheard 7,534 cases beween March 2012 and March 2013.12Ta averages

ou o around 443 cases per acive judge. O course, ha is assuming ha all 17 auho-

rized seas were ull.13In he same ime period, he exas disric cours heard 20,310

civil cases14and 14,561 criminal cases,15averaging 671 cases per judgeagain, i all 52

auhorized disric cour judgeships were ull.

In all, i we add up he number o days exass ederal disric and circui cour seas have

been vacan, more han 19 years worh o cases could have been decided had judges

been appoined o hose seas. Insead, here is a backlog o more han 12,000 cases and

some exremely overworked and overburdened cour saffs.16

Highest caseloads for the Western and Southern Districts

Wha makes vacancies on exass ederal cours especially concerning is ha he coursnear he U.S.-Mexico border have he highes caseloads in he naion. And mos o

exass curren and uure vacancies are in he Wesern and Souhern Disrics ha serve

he souhwes border o exas.

Te criminal elony docke or hese cours is swollen wih drug and immigraion

cases.17In a 2010 year-end repor, U.S. Supreme Cour Jusice John Robers said he

ailure o nominae and confirm judges in a imely manner has creaed acue difficulies

in some judicial disrics, paricularly highlighing he cours on he souhwes border.

Las year, he Judicial Conerence o he Unied Saes, chaired by Jusice Robers, asked

Congress o creae new judgeships in exas o deal wih he growing caseload.18

According o he Bureau o Jusice Saisics, he five ederal judicial disrics along

he souhwes border, which include he Wesern and Souhern Disrics o exas ha

serve El Paso, San Anonio, and Laredo, accouned or 56 percen o all ederal sus-

pecs arresed and booked in he U.S. and 90 percen o all immigraion arress in 2010.

Tese disrics also handled he larges number o elony cases per judge in he ederal

criminal cour sysem.19

In January 2011, Judge Fred Biery, he chie judge o he U.S. Disric Cour or he

Wesern Disric o exas, old he Houson Chronicleha he caseload is enormous.20

In March 2013, he old he San Anonio Express-News,I would be nice o ge some

help. We are pedaling as as as we can on an increasingly rickey bicycle. 21

When Judge Furgeson was sill on he Wesern Disrics bench, he made a plea o

Congress o add more judges o his cour. Addiional judges are desperaely needed.

Cours hroughou he counry have all he work hey can handle, bu ederal judges in

he border cours are being worked beyond exhausion. Congress has o sep in and give

hem relie, he sooner he beter.22


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Te Senae responded in 2011, wih Sen. Dianne Feinsein (D-CA) inroducing legisla-

ionhe Emergency Judicial Relie Ac o 2011ha would add our judicial seas in

Caliornia, hree seas in exas, and one sea in Arizona. Te aim was o help saes in

judicial crisis along he U.S.-Mexico border. Senaors rom exas and Arizona suppored

Feinseins legislaion.23

Bu he bill died, and no new judgeships were creaed. More recenly, Feinsein joinedwih Sens. Chris Coons (D-DE) and Parick Leahy (D-V) o sponsor he Federal

Judgeship Ac o 2013 o creae addiional judgeships across he counry, including

seas on exas disric cours. Te bill is pending. Meanwhile, Judge Furgesons sea on

he Wesern Disric, along wih six ohers, remains vacan on exass disric cours.24

Because no permanen judge has filled Furgesons sea in almos six years, Judge David

Alan Ezra o Hawaii has o be flown in o hear cases on he docke or he Wesern

Disric.25Judge Ezra flies in periodically and picks up 20 percen o he civil cases in San

Anonio and he cases o abou 700 criminal deendans per year in Del Rio.26

o add o he concern, U.S. Disric Judge Rober Junell, who serves he WesernDisric, announced ha he would ake senior saus in February 2015, giving one year

o advance noice o fill his sea. However, Judge Junell has said ha he is unsure i a

years noice is enough ime o name his successor given he curren poliical climae

ha surrounds exas judicial vacancies.27

The process of appointing federal dist rict cour t judges

Under he U.S. Consiuion, he presiden appoins ederal judges by and wih he

advice and consen o he Senae.

Federal cour appoinmens are or lie, which means ha i is up o each judge o decide

when o sep down. When judges do decide o sep down, hey ofen give advance noice

o up o one year beore hey leave a ederal disric cour or circui cour o appeals.

Because judicial nominees canno make i hrough he Senae confirmaion process

wihou he suppor o heir home-sae senaors, when here is a vacancy or noice o a

pending vacancy on a ederal disric cour, he Whie House consuls wih he senaors

who represen he sae in which he paricular cour vacancy is locaed. Home-sae

senaors may recommend judicial candidaes o he Whie House in a number o ways:

by conducing exhausive searches hrough he sae bar or candidaes; by creaing

selecion commitees, ofen made up o leading atorneys in he sae; or by selecing

candidaes based on he recommendaions o hese commitees or oher consideraions.


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Te selecion process can be slowed i home-sae senaors ail o recommend a candidae

o he presiden in a imely manner or i hey delay in engaging wih he Whie House

in is consulaion. Afer a candidae is officially nominaed, he Senae deermines how

quickly, i a all, he presidens nominee moves hrough he confirmaion process.

Te enire processrom vacancy o confirmaioncan ake monhs or even years

depending on how quickly he Senae acs. Troughou he process, senaors can slowor block progress by ailing o iniiae or paricipae in a candidae recommendaion

process. Senaors, or example, may reuse o reurn blue slips, leters prined on ligh

blue paper ha are used by he Senae Judiciary Commitee o ask home-sae senaors

o approve commitee consideraion o nominees who would serve in heir saes. In

recen years, blue-slip approval rom a home-sae senaor has been a de aco require-

men o move orward wih a candidae. Senaors may also obsruc by delaying he

Senae Judiciary Commitee voe or by posponing a ull voe in he Senae. Te Whie

House may also choose o make arrangemens abou he appoinmen process wih a

home saes house delegaion.

On March 25, 2009, he Whie House issued a saemen recognizing ha, Te exas

Democraic members o he House o Represenaives have, a he reques o he Whie

House, engaged in a process ha involves inerviewing poenial candidaes o fill

vacancies or exass judicial seas, as well as or U.S. atorney and U.S. marshall. Te

saemen wen on o say ha, Te Whie House suppors he exas Democraic del-

egaions esablished process or reviewing and submiting candidaes.28

While he release ensured ha exass U.S. senaors would be accorded a ull opporu-

niy o share heir views abou each candidae he Presiden proposes o nominae, i

also clearly saed ha Presiden Obama would no nominae any ederal judge unlessha person has he confirmed suppor o he exas Democraic delegaion.29

A political problem in Texas

When i comes o he judicial vacancy crisis in exas, he problem begins and ends wih

Republican Sens. Cornyn and Cruz, who have no cooperaed wih he Whie House in

finding candidaes rom exas o send o he presiden or nominaion.

In May 2013, he wo exas senaors appeared o be ready o pu poliics aside and re-

esablished he Federal Judicial Evaluaion Commitee o find qualified candidaes o fill

he exas judicial vacancies.30Sen. Cornyn even said in a press saemen announcing

he commitee, exans deserve able, air and independen prosecuors and judges, and

Im proud o join Senaor Cruz in reconsiuing his biparisan commitee o ensure

individuals who are o he highes caliber are confirmed expediiously and can begin

serving exas as soon as possible.31


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Sen. Cruz concurred:

I is crucial ha we ensure Texans have he bes, mos qualified judges and prosecuors

defending heir righs in cour. I am glad o work alongside Senaor Cornyn in reesab-

lishing his commitee, and hank he atorneys willing o serve his effor and ensure

he imely filling of cour vacancies.32

In July 2013, Sens. Cornyn and Cruz finally announced hey were seeking applica-

ions o fill six ederal judicial vacancies in heir sae.33More han seven monhs laer,

however, here are sill no nominees named o fill curren or uure exas disric cour

vacancies. When asked wha he delay was in providing names o he Whie House, Sen.

Cornyn said hey were working on ha.34

Whas more, Sen. Cornyn has ried o shif he blame o he presiden. Te presidens

go o nominae somebody beore he Senae can ac on i, he said a a Senae Judiciary

Commitee hearing in May 2013. Te Consiuion provides he presiden makes a nomi-

naion, and we provide advice and consen. So has a condiion preceden o our abiliyo ac. Te ac is because o our proximiy o he border ... he caseload per judge is sky-

high compared o he res o he counry. So his is no some game were playing here.35

Bu Sen. Cornyn knows beter. Because o Senae radiion, he realiy is ha disric

and circui cour nominees do no make i o a confirmaion voe wihou he suppor

o home-sae senaors. Tereore, he Whie House generally deers o he recom-

mendaions o hese home-sae senaors. In ha spiri o cooperaion, Sen. Cornyn

and ormer exas Sen. Kay Bailey Huchison (R) worked ogeher o help fill he exas

bench while Presiden George W. Bush was in office. As o March 19 in he sixh year

o Bushs presidency, Sen. Cornyn, his predecessor Sen. Phil Gramm (R-X), and Sen.Huchison helped confirm 18 disric cour judges in exas by seeking qualified candi-

daes o fill he vacan seas using a commission process.36Since Presiden Obama has

been in office, jus six seas have been filledall during Sen. Huchisons enure.37No

judicial vacancies in exas have been filled since Sen. Cruz ook office in January 2013.

Unprecedented obstruction

Sens. Cornyn and Cruz, who boh si on he Senae Judiciary Commitee, cerainly

have an undersanding o why he ederal cours are imporan. Sen. Cornyn is a ormer

exas Supreme Cour jusice, and Sen. Cruz was exass solicior general, he saes

chie appellae lawyer.

Bu insead o working wih he presiden o find he mos qualified judges, hey have been

responsible or unprecedened obsrucion, no jus in filling exass ederal cour seas bu

also in prevening he confirmaion o ederal judges naionally. Cloure is he only proce-

dure by which he Senae can voe o end debae and overcome a filibuser. Troughou

is long hisory, he U.S. Senae has filibusered a oal o 147 individual nominees.38More

FIGURE 1

Appointed Texas U.S.

district court judges

As of March 19 in the sixth

year of presidency

Texas appointees:

by BarackObama

by GeorgeW. Bush

6

18

Texas senator support forPresident Obamas TexasU.S. district court judges

former Sen. Bailey

Hutchinson (R-TX)

and Sen. John

Cornyn (R-TX)

Sen. Ted Cruz

(R-TX) and

Sen. Cornyn

6

0

Source: United States Courts, Biographical

Directory of Judges, available at http://www.

uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspx

(last accessed March 2014).


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han hal o hose filibusers have aken place during he Obama adminisraion.39In U.S.

hisory, here have been a oal o 168 cloure moions filed or reconsidered on nomina-

ions, and 82 o hese have been made since 2009.40

Some senaors, including Sens. Cruz and Cornyn, insised on filibusering he presi-

dens nominees o he naions second-mos powerul naional cour, he U.S. Cour o

Appeals or he D.C. Circui. Sen. Cornyn wroe in an opinion piece or FoxNews.comha, Republicans should remain unied in blocking Senae Majoriy Leader Harry Reids

atemp o pack he D.C. Circui Cour o Appeals, which is Americas second-mos-influ-

enial judicial body.41

Obsrucion by some senaors led Senae Majoriy Leader Harry Reid (D-NV) o

reorm he Senae rules o end abuse o he filibuser o block he confirmaion o judi-

cial nominees excep in he case o Supreme Cour appoinmens, lowering he hresh-

old o end debae rom 60 voes o 51 voes.42

Bu Senae rules reorm means litle or exas Sens. Cornyn and Cruz, who have reusedo cooperae wih he Whie House rom he sar o he nominaions process by ailing

o simply recommend a nominee o fill exass judicial vacancies.

Conservative Texas courts

exass ederal bench is highly conservaive, and Sens. Cornyn and Cruz do no wan

o aler ha poliical leaning. Te impac o a conservaive cour can bes be seen when

i comes o cases ha affec women and reproducive righs, paricularly cases moving

hrough he 5h Circui. ake, or example, he ollowing case ha was recenly decidedin ederal cours ha serve exas.

FIGURE 2

5th U.S. Circuit Court of Appeals: Right-leaning circuit court lacks racial and gender diversity

Source: United States Courts, Biographical Directory of Judges, available at http://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspx (last accessed March 2014).

Vacancies

Hispanic

AfricanAmericans

Whites

Racial diversity Gender diversity Nominating presidents party

17

Authorizedseats

17

Authorizedseats

17

Authorizedseats

Vacancies

Women

Men

Republicans

Vacancies

Democrats

3

2

1

11

3

5

9

10

34


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On July 18, 2013, exas Gov. Rick Perry (R) signed ino law a sweeping bill ha wouldclose mos o he womens healh clinics ha provide aborions in exas and preven

docors rom providing aborion care.43According o he American Civil Liberies

Union, Te bill imposes onerous and medically unnecessary srucural requiremens

on aborion clinics and bans aborion afer 20 weeks o pregnancyhe poin in preg-

nancy when a woman migh find ou somehing has gone seriously wrong.44

Civil liberies groups challenged he law in ederal cours. On Ocober 28, he disric

cour permanenly blocked he law, bu on Ocober 31, he 5h Circui and he U.S.

Supreme Cour allowed he law o ake effec while he case works is way hrough he

cours.45

Te meris o he case were beore he same hree-judge panel o RepublicanappoineesJudges Edih Jones, Jennier Elrod, and Caharina Hayeswhich upheld

he resricive law as consiuional on March 27, 2014.46

Te 5h Circui is sacked wih Republican-appoined judges, wih 10 judges who

were appoined by Republican presidens and only our judges who were appoined

by Democraic presidens.47Moreover, only five o he 17 judges on he 5h Circui

are women.48

All o exass disric cours are also righ leaning. Te Easern Disric has five

Republican appoinees and one Democraic appoinee made by Presiden Obama.49

Te Norhern Disric has eigh Republican appoinees and hree Democraic appoin-

ees.50Te Souhern Disric, which is racially he mos diverse o exass ederal cours

wih six Hispanic judges and eigh women, has nine Republican appoinees and seven

Democraic appoinees.51And he Wesern Disric has nine Republican appoinees and

hree Democraic appoinees.52Each o hese cours has a leas one curren vacancy.

Racial diversity Gender diversity Nominating presidents party

FIGURE 3

Texas U.S. district courts: Right-leaning district courts lack racial and gender diversity

Vacancies

African

Americans

Hispanics

Whites

Source: United States Courts, Biographical Directory of Judges, available at http://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspx (last accessed March 2014).

7

29

14

2

52

Authorizedjudgeships

52


52


7

14

31

31

714

Women

Vacancies

Men

Republicanappointees

Vacancies

Democraticappointees


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Conclusion

exans deserve o have air and diverse judges on heir ederal bench. In he pas, Sen.

Cornyn and ormer Sen. Huchison worked well ogeher o ensure ha hen-Presiden

Bushs nominees moved hrough he nominaions process smoohly. Te same has no

been rue since Presiden Obama ook office, especially since Sen. Cruz replaced Sen.

Huchison in January 2013.

In order o solve he judicial vacancy problem in exas, Sens. Cornyn and Cruz mus ac

quickly o recommend qualified and diverse judicial candidaes o he Whie House and

make he process or finding judicial candidaes in exas more ransparen. As par o

ha ransparency, here should be some indicaion o how long i will ake or he exas

Senaors Federal Judicial Evaluaion Commitee o provide names o he W hie House

and how ar along he commitee is in his process.

I exass senaors coninue o shun heir responsibiliy, he Whie House should con-

sider oher opionsincluding names and nominees pu orh by he exas Democraicdelegaion or names received direcly rom he exas bar associaionso beter ideniy

diverse, qualified judges o fill exass many judicial vacancies.

Regardless o he process, exans deserve access o jusice, no a backlog o cases

and empy courrooms. Sens. Cornyn and Cruz mus pu heir consiuens above

poliical gamesmanship and end heir unwavering obsrucion o he ederal judicial

nominaion process.

Sandhya Bahija is he Campaign Manager for Legal Progress a he Cener for American

Progress. Joshua Field is he Depuy Direcor of Legal Progress. Phillip Marin is he depuydirecor of Progress Texas, based in Ausin, Texas.

Legal Progress inern Jake Paiva also conribued o his repor.


10/15


1 John Council, The Power o Selection: Texas PoliticiansHope to Influence Appointments,Texas Lawyer, November24, 2008, p. 1.

2 United States Courts, Current Judicial Vacancies, availableathttp://www.uscourts.gov/JudgesAndJudgeships/Judi-cialVacancies/CurrentJudicialVacancies.aspx(last accessed

March 2014).

3 United States Courts, Future Judicial Vacancies, available athttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVa-cancies/FutureJudicialVacancies.aspx (last accessed March2014).

4 This number was compiled using the ollowing sources:United States Courts, U.S. District CourtsCivil Cases Com-menced, Terminated, and Pending During the 12-Month Pe-riods Ending March 31, 2012 and 2013, available at http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pd(last accessed March 2014); United States Courts, U.S.District CourtsCriminal Cases Commenced, Terminated,and Pending During the 12-Month Periods Ending March31, 2012 and 2013, available at http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCase-loadStatistics/2013/tables/D00CMar13.pd(last accessedMarch 2014).

5 United States Courts, Jurisdiction o the Federal Courts,available at http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspx(last ac-cessed March 2014); Judge Irving R. K auman, Sentencing:The Judges Problem, The Atlantic Monthly, January 1960,available at http://www.theatlantic.com/past/unbound/flashbks/death/kauman.htm.

6 Project Vote Smart, Gonzalez and Doggett Decry JudicialVacancies, Press release, April 3, 2012, available at http://votesmart.org/public-statement/683509/gonzalez-and-doggett-decry-judicial-vacancies#.UxDUWPldXmt.

7 American Bar Association, National Lawyer Population byState, available athttp://ww w.americanbar.org/content/dam/aba/administrative/market_research/2013_natl_law-yer_by_state.authcheckdam.pd(last accessed March 2014).

8 United States Courts, Current Judicial Vacancies.

9 A judicial emergency, as designated by the AdministrativeOffice o the U.S. Courts, is or a circuit court any vacancyin a court o appeals where adjusted filings per panel arein excess o 700; or any vacancy in existence more than 18months where adjusted filings are between 500 to 700 perpanel. For a district cour t it is any vacancy where weightedfilings are in excess o 600 per judgeship; or any vacancy inexistence more than 180 months where weighted filingsare between 430 to 600 per judgeship; or any cour t withmore than one authorized judgeship and only one activejudge. See United States Courts, Judges & Judgeships:Judicial Emergencies, available at http://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/JudicialEmergen-cies.aspx (last accessed March 2014).

10 United States Courts, Current Judicial Vacancies.

11 Ibid.

12 United States Courts, U.S. Courts o AppealsAppeals

Commenced, Terminated, and Pending During the12-Month Periods Ending March 31, 2012 and 2013,available at http://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/B00Mar13.pd(last accessed February 2014).

13 Ibid.

14 United States Courts, U.S. District CourtsCivil Cases Com-menced, Terminated, and Pending During the 12-MonthPeriods Ending March 31, 2012 and 2013.

15 United States Courts, U.S. District CourtsCriminalCases Commenced, Terminated, and Pending During the12-Month Periods Ending March 31, 2012 and 2013.

16 This number was compiled using the ollowing sources:United States Courts, U.S. District CourtsCivil Cases Com-menced, Terminated, and Pending During the 12-Month

Periods Ending March 31, 2012 and 2013; ibid.

17 The Third Branch, Immigration Crisis Tests Federal Courtson Southwest Border, June 2006, available athttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigra-tion_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspx.

18 U.S. Supreme Court, 2010 Year-End Report on the FederalJudiciary (2010), available at http://www.supremecourt.gov/publicino/year-end/2010year-endreport.pd;Peopleor the A merican Way, West Texas Judges Talk About theNeed or More Judges, March 18, 2014, available at http://blog.paw.org/content/west-texas-judges-talk-about-need-more-judges.

19 U.S. Bureau o Justice Statistics, Immigration Offenders inthe Federal Justice System 2010(U.S. Department o Justice,2012), p. 8, available at http://www.bjs.gov/content/pub/pd/iofs10.pd.

20 Gary Martin, Justice delayed: How immigration and drugcases have created a judicial emergency in Texas, Texason the Potomac, January 17, 2011, available at http://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emer-gency-in-texas/.

21 Gary Martin, Politics keeping judges seat open,San Anto-nio Express-News, March 4, 2013, available at http://www.mysanantonio.com/deault/article/Politics-keeping-judge-s-seat-open-4327949.php.

22 The Third Branch, Immigration Crisis Tests Federal Courtson Southwest Border.

23 Gary Martin, Bill aims to bee up border judges, San An-tonio Express-News, May 18, 2011, available at http://www.mysanantonio.com/news/politics/article/Bill-aims-to-bee-up-border-judges-1385733.php.

24 Emergency Judicial Relief Act of 2011, S. 1014, 112th Cong.1st sess. (2011), available at https://www.govtrack.us/congress/bills/112/s1014; Federal Judgeship Act o 2013, S.1385, 113th Cong. 1st sess. (2013), available at https://www.govtrack.us/congress/bills/113/s1385.

25 Guillermo Contreras, Hawaiian judge coming to AlamoCity, San Antonio Express-News, December 25, 2012, avail-able athttp://www.mysanantonio.com/news/local_news/article/Hawaiian-judge-coming-to-Alamo-City-4145437.php.

26 Ibid.

27 Jon Vanderlaan, Junell to take senior status, OA Online,February 2, 2014, available athttp://www.oaoa.com/news/crime_justice/courts/article_6819d592-8add-11e3-9256-001a4bc6878.html.

28 Mary Flood, White House to Texas Sens.: Back Off

Updated, Houston Chronicle, March 25, 2009, available athttp://blog.chron.com/legaltrade/2009/03/white-house-to-texas-sens-back-off-updated/.

29 Ibid.

30 Jessica M. Karmasek, Members o Texas judicial evaluationcommittee announced, Legal Newsline, April 17, 2013,available at http://legalnewsline.com/news/240937-mem-bers-o-texas-judicial-evaluation-committee-announced.

Endnotes
http://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/CurrentJudicialVacancies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/CurrentJudicialVacancies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/FutureJudicialVacancies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/FutureJudicialVacancies.aspxhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/D00CMar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/D00CMar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/D00CMar13.pdfhttp://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspxhttp://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspxhttp://www.theatlantic.com/past/unbound/flashbks/death/kaufman.htmhttp://www.theatlantic.com/past/unbound/flashbks/death/kaufman.htmhttp://votesmart.org/public-statement/683509/gonzalez-and-doggett-decry-judicial-vacancies%23.UxDUWPldXmthttp://votesmart.org/public-statement/683509/gonzalez-and-doggett-decry-judicial-vacancies%23.UxDUWPldXmthttp://votesmart.org/public-statement/683509/gonzalez-and-doggett-decry-judicial-vacancies%23.UxDUWPldXmthttp://www.americanbar.org/content/dam/aba/administrative/market_research/2013_natl_lawyer_by_state.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/administrative/market_research/2013_natl_lawyer_by_state.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/administrative/market_research/2013_natl_lawyer_by_state.authcheckdam.pdfhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/JudicialEmergencies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/JudicialEmergencies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/JudicialEmergencies.aspxhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/B00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/B00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/B00Mar13.pdfhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.supremecourt.gov/publicinfo/year-end/2010year-endreport.pdfhttp://www.supremecourt.gov/publicinfo/year-end/2010year-endreport.pdfhttp://www.bjs.gov/content/pub/pdf/iofjs10.pdfhttp://www.bjs.gov/content/pub/pdf/iofjs10.pdfhttp://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://www.mysanantonio.com/default/article/Politics-keeping-judge-s-seat-open-4327949.phphttp://www.mysanantonio.com/default/article/Politics-keeping-judge-s-seat-open-4327949.phphttp://www.mysanantonio.com/default/article/Politics-keeping-judge-s-seat-open-4327949.phphttp://www.mysanantonio.com/news/politics/article/Bill-aims-to-beef-up-border-judges-1385733.phphttp://www.mysanantonio.com/news/politics/article/Bill-aims-to-beef-up-border-judges-1385733.phphttp://www.mysanantonio.com/news/politics/article/Bill-aims-to-beef-up-border-judges-1385733.phphttps://www.govtrack.us/congress/bills/112/s1014https://www.govtrack.us/congress/bills/112/s1014http://www.mysanantonio.com/news/local_news/article/Hawaiian-judge-coming-to-Alamo-City-4145437.phphttp://www.mysanantonio.com/news/local_news/article/Hawaiian-judge-coming-to-Alamo-City-4145437.phphttp://www.mysanantonio.com/news/local_news/article/Hawaiian-judge-coming-to-Alamo-City-4145437.phphttp://www.oaoa.com/news/crime_justice/courts/article_6819d592-8add-11e3-9256-001a4bcf6878.htmlhttp://www.oaoa.com/news/crime_justice/courts/article_6819d592-8add-11e3-9256-001a4bcf6878.htmlhttp://www.oaoa.com/news/crime_justice/courts/article_6819d592-8add-11e3-9256-001a4bcf6878.htmlhttp://blog.chron.com/legaltrade/2009/03/white-house-to-texas-sens-back-off-updated/http://blog.chron.com/legaltrade/2009/03/white-house-to-texas-sens-back-off-updated/http://legalnewsline.com/news/240937-members-of-texas-judicial-evaluation-committee-announcedhttp://legalnewsline.com/news/240937-members-of-texas-judicial-evaluation-committee-announcedhttp://legalnewsline.com/news/240937-members-of-texas-judicial-evaluation-committee-announcedhttp://legalnewsline.com/news/240937-members-of-texas-judicial-evaluation-committee-announcedhttp://blog.chron.com/legaltrade/2009/03/white-house-to-texas-sens-back-off-updated/http://blog.chron.com/legaltrade/2009/03/white-house-to-texas-sens-back-off-updated/http://www.oaoa.com/news/crime_justice/courts/article_6819d592-8add-11e3-9256-001a4bcf6878.htmlhttp://www.oaoa.com/news/crime_justice/courts/article_6819d592-8add-11e3-9256-001a4bcf6878.htmlhttp://www.oaoa.com/news/crime_justice/courts/article_6819d592-8add-11e3-9256-001a4bcf6878.htmlhttp://www.mysanantonio.com/news/local_news/article/Hawaiian-judge-coming-to-Alamo-City-4145437.phphttp://www.mysanantonio.com/news/local_news/article/Hawaiian-judge-coming-to-Alamo-City-4145437.phphttp://www.mysanantonio.com/news/local_news/article/Hawaiian-judge-coming-to-Alamo-City-4145437.phphttps://www.govtrack.us/congress/bills/112/s1014https://www.govtrack.us/congress/bills/112/s1014http://www.mysanantonio.com/news/politics/article/Bill-aims-to-beef-up-border-judges-1385733.phphttp://www.mysanantonio.com/news/politics/article/Bill-aims-to-beef-up-border-judges-1385733.phphttp://www.mysanantonio.com/news/politics/article/Bill-aims-to-beef-up-border-judges-1385733.phphttp://www.mysanantonio.com/default/article/Politics-keeping-judge-s-seat-open-4327949.phphttp://www.mysanantonio.com/default/article/Politics-keeping-judge-s-seat-open-4327949.phphttp://www.mysanantonio.com/default/article/Politics-keeping-judge-s-seat-open-4327949.phphttp://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://blog.chron.com/txpotomac/2011/01/justice-delayed-how-immigration-and-drug-cases-have-created-a-judicial-emergency-in-texas/http://www.bjs.gov/content/pub/pdf/iofjs10.pdfhttp://www.bjs.gov/content/pub/pdf/iofjs10.pdfhttp://www.supremecourt.gov/publicinfo/year-end/2010year-endreport.pdfhttp://www.supremecourt.gov/publicinfo/year-end/2010year-endreport.pdfhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.uscourts.gov/news/TheThirdBranch/06-06-01/Immigration_Crisis_Tests_Federal_Courts_on_Southwest_Border.aspxhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/B00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/B00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/B00Mar13.pdfhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/JudicialEmergencies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/JudicialEmergencies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/JudicialEmergencies.aspxhttp://www.americanbar.org/content/dam/aba/administrative/market_research/2013_natl_lawyer_by_state.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/administrative/market_research/2013_natl_lawyer_by_state.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/administrative/market_research/2013_natl_lawyer_by_state.authcheckdam.pdfhttp://votesmart.org/public-statement/683509/gonzalez-and-doggett-decry-judicial-vacancies%23.UxDUWPldXmthttp://votesmart.org/public-statement/683509/gonzalez-and-doggett-decry-judicial-vacancies%23.UxDUWPldXmthttp://votesmart.org/public-statement/683509/gonzalez-and-doggett-decry-judicial-vacancies%23.UxDUWPldXmthttp://www.theatlantic.com/past/unbound/flashbks/death/kaufman.htmhttp://www.theatlantic.com/past/unbound/flashbks/death/kaufman.htmhttp://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspxhttp://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspxhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/D00CMar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/D00CMar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/D00CMar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/Viewer.aspx?doc=/uscourts/Statistics/FederalJudicialCaseloadStatistics/2013/tables/C00Mar13.pdfhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/FutureJudicialVacancies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/FutureJudicialVacancies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/CurrentJudicialVacancies.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/CurrentJudicialVacancies.aspx


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31 Office o Sen. John Cornyn, Senators Cornyn and CruzAnnounce Bipartisan Committee to Fill Texas Judicial Vaca-nices, Press release, April 15, 2013, available at http://www.cornyn.senate.gov/public/index.cm?p=NewsReleases&ContentRecord_id=8562b140-0120-4c35-a0e4-328478b728e.

32 Ibid.

33 Emily Wilkins, Cornyn, Cruz accepting applications to filljudicial vacancies, Trail Blazers Blog, July 23, 2013, availableat http://trailblazersblog.dallasnews.com/2013/07/cornyn-cruz-accepting-applications-to-fill-judicial-vacancies.html.

34 Jennier Bendery, John Cornyn Complains AboutJudicial Nomination Process Hes Blocking, HuffPostPolitics, May 11, 2013, available athttp://www.huff-ingtonpost.com/2013/05/09/john-cornyn-judicial-nominees_n_3249403.html.

35 Ibid.

36 United States Courts, Biographical Directory o Judges,available at http://www.uscourts.gov/JudgesAndJudge-ships/BiographicalDirectoryOJudges.aspx(last accessedMarch 2014).

37 Ibid.

38 Louis Jacobson, Harry Reid says 82 presidential nomineeshave been blocked under President Barack Obama,86 blocked under all other presidents, PolitiFact.com,November 22, 2013, available at http://www.politiact.com/truth-o-meter/statements/2013/nov/22/harry-reid/harry-

reid-says-82-presidential-nominees-have-been/.

39 Ibid.

40 Richard S. Beth, Cloture Attempts on Nominations:Data and Historical Development (Washington:Congressional Research Service, 2013), available athttp://www.senate.gov/CRSReports/crs-publish.cm?pid=%270E%2C*P%2C%3B%3C%20P%20%20%0A.

41 Sen. John Cornyn, A time or Republican unity, Fox News,October 23, 2013, available at http://www.oxnews.com/opinion/2013/10/23/time-or-republican-unity/.

42 Sahil Kapur, Harry Reids Full Speech Calling For FilibusterReorm, Talking Points Memo, November 21, 2013, availableathttp://talkingpointsmemo.com/livewire/read-harry-reid-s-ull-speech-calling-or-filibuster-reorm.

43 American Civil Liberties Union, States Where They ThinkWere Stupid: Abortion Access Under Attack i n 2013,available at https://www.aclu.org/maps/states-where-they-think-were-stupid-abortion-access-under-attack-2013(last

accessed February 2014).

44 American Civil Liberties Union, States Where They ThinkWere Stupid: Abortion Access Under Attack in 2013, Texas.

45 American Civil Liberties Union, Supreme Court Reusesto Block Texas Abor tion Law, Press release, November 19,2013, available at https://www.aclu.org/reproductive-reedom/supreme-court-reuses-block-texas-abortion-law.

46 Will Weissert, U.S. Appeals Court Upholds Tough TexasAbortion Restric tions, Associated Press, March 27, 2014.

47 United States Courts, Biographical Directory o Judges.

48 Ibid.

49 Ibid.

50 Ibid.

51 Ibid.

52 Ibid.
http://www.cornyn.senate.gov/public/index.cfm?p=NewsReleases&ContentRecord_id=8562b140-0120-4c35-a0e4-328478fb728ehttp://www.cornyn.senate.gov/public/index.cfm?p=NewsReleases&ContentRecord_id=8562b140-0120-4c35-a0e4-328478fb728ehttp://www.cornyn.senate.gov/public/index.cfm?p=NewsReleases&ContentRecord_id=8562b140-0120-4c35-a0e4-328478fb728ehttp://trailblazersblog.dallasnews.com/2013/07/cornyn-cruz-accepting-applications-to-fill-judicial-vacancies.htmlhttp://trailblazersblog.dallasnews.com/2013/07/cornyn-cruz-accepting-applications-to-fill-judicial-vacancies.htmlhttp://www.huffingtonpost.com/2013/05/09/john-cornyn-judicial-nominees_n_3249403.htmlhttp://www.huffingtonpost.com/2013/05/09/john-cornyn-judicial-nominees_n_3249403.htmlhttp://www.huffingtonpost.com/2013/05/09/john-cornyn-judicial-nominees_n_3249403.htmlhttp://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspxhttp://www.politifact.com/truth-o-meter/statements/2013/nov/22/harry-reid/harry-reid-says-82-presidential-nominees-have-been/http://www.politifact.com/truth-o-meter/statements/2013/nov/22/harry-reid/harry-reid-says-82-presidential-nominees-have-been/http://www.politifact.com/truth-o-meter/statements/2013/nov/22/harry-reid/harry-reid-says-82-presidential-nominees-have-been/http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%270E%2C*P%2C%3B%3C%20P%20%20%0Ahttp://www.senate.gov/CRSReports/crs-publish.cfm?pid=%270E%2C*P%2C%3B%3C%20P%20%20%0Ahttp://www.foxnews.com/opinion/2013/10/23/time-for-republican-unity/http://www.foxnews.com/opinion/2013/10/23/time-for-republican-unity/http://talkingpointsmemo.com/livewire/read-harry-reid-s-full-speech-calling-for-filibuster-reformhttp://talkingpointsmemo.com/livewire/read-harry-reid-s-full-speech-calling-for-filibuster-reformhttps://www.aclu.org/maps/states-where-they-think-were-stupid-abortion-access-under-attack-2013https://www.aclu.org/maps/states-where-they-think-were-stupid-abortion-access-under-attack-2013https://www.aclu.org/reproductive-freedom/supreme-court-refuses-block-texas-abortion-lawhttps://www.aclu.org/reproductive-freedom/supreme-court-refuses-block-texas-abortion-lawhttps://www.aclu.org/reproductive-freedom/supreme-court-refuses-block-texas-abortion-lawhttps://www.aclu.org/reproductive-freedom/supreme-court-refuses-block-texas-abortion-lawhttps://www.aclu.org/maps/states-where-they-think-were-stupid-abortion-access-under-attack-2013https://www.aclu.org/maps/states-where-they-think-were-stupid-abortion-access-under-attack-2013http://talkingpointsmemo.com/livewire/read-harry-reid-s-full-speech-calling-for-filibuster-reformhttp://talkingpointsmemo.com/livewire/read-harry-reid-s-full-speech-calling-for-filibuster-reformhttp://www.foxnews.com/opinion/2013/10/23/time-for-republican-unity/http://www.foxnews.com/opinion/2013/10/23/time-for-republican-unity/http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%270E%2C*P%2C%3B%3C%20P%20%20%0Ahttp://www.senate.gov/CRSReports/crs-publish.cfm?pid=%270E%2C*P%2C%3B%3C%20P%20%20%0Ahttp://www.politifact.com/truth-o-meter/statements/2013/nov/22/harry-reid/harry-reid-says-82-presidential-nominees-have-been/http://www.politifact.com/truth-o-meter/statements/2013/nov/22/harry-reid/harry-reid-says-82-presidential-nominees-have-been/http://www.politifact.com/truth-o-meter/statements/2013/nov/22/harry-reid/harry-reid-says-82-presidential-nominees-have-been/http://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspxhttp://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOfJudges.aspxhttp://www.huffingtonpost.com/2013/05/09/john-cornyn-judicial-nominees_n_3249403.htmlhttp://www.huffingtonpost.com/2013/05/09/john-cornyn-judicial-nominees_n_3249403.htmlhttp://www.huffingtonpost.com/2013/05/09/john-cornyn-judicial-nominees_n_3249403.htmlhttp://trailblazersblog.dallasnews.com/2013/07/cornyn-cruz-accepting-applications-to-fill-judicial-vacancies.htmlhttp://trailblazersblog.dallasnews.com/2013/07/cornyn-cruz-accepting-applications-to-fill-judicial-vacancies.htmlhttp://www.cornyn.senate.gov/public/index.cfm?p=NewsReleases&ContentRecord_id=8562b140-0120-4c35-a0e4-328478fb728ehttp://www.cornyn.senate.gov/public/index.cfm?p=NewsReleases&ContentRecord_id=8562b140-0120-4c35-a0e4-328478fb728ehttp://www.cornyn.senate.gov/public/index.cfm?p=NewsReleases&ContentRecord_id=8562b140-0120-4c35-a0e4-328478fb728e


12/15


Appendix

Judges often give advance

notice of up to one year

before a vacancy occurs in a

federal district court or

circuit court of appeals.

The White House consults

with home state senators,

often soliciting their

recommendations, to

identify candidates to fill

the vacancy.

2

The White House conducts a

thorough vetting of the

candidate, considers their

American Bar Association

rating, and announces their

nomination.

3

The Senate Judiciary

Committee sends blue

slipsrequests for approval

on light blue paperto each

home state senator to indicate

support for the nominee.

After blue slips are returned in

favor of the nominee, the chair of

the Senate Judiciary Committee

schedules a committee hearing

where members are able to debate

the candidates qualifications.

5

4

A majority of the Senate

Judiciary Committee votes

to move the nominee

forward.

6

The Senate majority leader

schedules a full vote in the

U.S. Senate.

The Senate votes and

the nominee is

confirmed with a

majority vote.

8

The president signs the

judges commiss ion and

begins their lifetime

appointment to the

federal bench.

9

7

The above process assumes there are no procedural roadblocks to an appointment. This process can be

affected by partisanship and can be delayed indefinitely.

POTENTIAL ROADBLOCKS

Home state

senators fail to

recommend a

candidate

to the president.

Home state

senators fail

to return the blue

slip or disapprove

of the nominee.

Members of the

Senate Judiciary

Committee can

delay the

committee vote.

Senators can

block the Senate

majority leader

from promptly

scheduling a full

Senate vote.

After a floor vote

is scheduled,

members of the

Senate can filibuster,

requiring a

supermajority

of 60 votes.

1

9 steps from vacancy to confirmation

Sources: Jeremy Paris. Interview with author, October 23, 2012. Email.; Judicial Nominations and Confirmations, available at http://www.judiciary.senate.gov/nominations/judicial.cm (last accessed October 2012)

and American Bar Association, Standing Committee on the Federal Judiciary: What It Is and How It Works (2009).


13/15


Active judges on the U.S. District Court for the Eastern District of Texas 3

Name Gender Race/ethnicity Nominating president

Ron Clark M White George W. Bush (R)

Marcia A. Crone F White George W. Bush (R)

Leonard E. Davis M White George W. Bush (R)

James Rodney Gilstrap M White Barack Obama (D)

Richard A. Schell* M White Ronald Reagan (R)

Michael H. Schneider M White George W. Bush (R)

Vacant

Vacant

*Indicates a uture vacancy

This court serves the ollowing Texas counties: Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Collin, Cooke, Delta, Denton, Fannin, Franklin,

Grayson, Gregg, Hardin, Harrison, Henderson, Hopkins, Houston, Jasper, Jefferson, Lamar, Liberty, Marion, Morris, Nacogdoches, Newton, Orange,

Panola, Polk, Rains, Red River, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, and Wood. 4

As of February 19:

Active judges on the U.S. Court of Appeals for the 5th Circuit 1

Judge Gender Race/ethnicity Nominating president

Edith Brown Clement F White George W. Bush (R)

W. Eugene Davis M White Ronald Reagan (R)

James L. Dennis M White Bill Clinton (D)

Jennifer Walker Elrod F White George W. Bush (R)

James Earl Graves Jr. M African American Barack Obama (D)

Catharina Haynes F White George W. Bush (R)

Stephen Andrew Higginson M White Barack Obama (D)

E. Grady Jolly M White Ronald Reagan (R)

Edith Hollan Jones F White Ronald Reagan (R)

Priscilla Richman Owen F White George W. Bush (R)

Edward Charles Prado M Hispanic George W. Bush (R)

Jerry Edwin Smith M White Ronald Reagan (R)

Leslie Southwick M White George W. Bush (R)

Carl E. Stewart M African American Bill Clinton (D)

Vacant

Vacant

Vacant

The court serves Texas, Louisiana, and Mississippi. Each vacancy is a designated Texas seat.2


14/15


15/15

Active judges on the U.S. District Court for the Western District of Texas9

Name Gender Race/ethnicity Nominating president

Samuel Frederick Biery Jr. M White Bill Clinton (D)

Kathleen Cardone F Hispanic George W. Bush (R)

Orlando Luis Garcia M Hispanic Bill Clinton (D)

David Campos Guaderrama M Hispanic Barack Obama (D)

Robert A. Junell* M White George W. Bush (R)

Philip Ray Martinez M Hispanic George W. Bush (R)

Frank Montalvo M Hispanic George W. Bush (R)

Alia Moses F Hispanic George W. Bush (R)

Xavier Rodriguez M Hispanic George W. Bush (R)

Walter Scott Smith Jr. M White Ronald Reagan (R)

Sam Sparks M White George H.W. Bush (R)

Earl Leroy Yeakel III M White George W. Bush (R)

Vacant

* Indicates a uture vacancyThis court serves the ollowing Texas counties: Andrews, Atascosa, Bandera, Bastrop, Bell, Bexar, Blanco, Bosque, Brewster, Burleson, Burnet, Caldwell,

Comal, Coryell, Crane, Culberson, Dimmit, Ector, Edwards, El Paso, Falls, Freestone, Frio, Gillespie, Gonzales, Guadalupe, Hamilton, Hays, Hill, Hudspeth,

Jeff Davis, Karnes, K endall, Kerr, Kimble, Kinney, Lampasas, Lee, Leon, Limestone, Llano, Loving, Martin, Mason, Maverick, McCulloch, McLennan,

Medina, Midland, Milam, Pecos, Presidio, Real, Reeves, Robertson, San Saba, Somervell, Terrell, Travis, Upton, Uvalde, Val Verde, Ward, Washington,

Williamson, Wilson, Winkler, and Zavala.10

Endnotes

1 United States Courts, Biographical Directory o FederalJudges, 1789-present, available at http://www.uscourts.gov/JudgesAndJudgeships/BiographicalDirectoryOJudges.aspx(last accessed March 2014).

2 Federal Judicial Center, Judicial Administration and Organi-zation, Organization o the Fith Circuit, available at http://www.fc.gov/history/home.ns/page/admin_02_05.html(last accessed March 2014).

3 United States Courts, Biographical Directory o FederalJudges.

4 Federal Judicial Center, U.S. District Courts or the Districtso Texas, available athttp://www.fc.gov/history/home.ns/page/courts_district_tx_dist.html(last accessed March2014).


6 Federal Judicial Center, U.S. District Courts or the Districts

o Texas.


8 Federal Judicial Center, U.S. District Courts or the Districtso Texas.


10 Federal Judicial Center, U.S. District Courts or the Districtso Texas.
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