The Federal Appellate Court Appointments Conundrum

Protracted federal appeals court vacancies threaten the delivery of appellate justice in the twenty-first century. The situation comprises a longstanding difficulty and a present complication, which is essentially political. President Bush, as well as GOP and Democratic senators, should institute concerted efforts to depoliticize and expedite the modem judicial selection process. They might discontinue-or at least should minimizecriticism of each other, reconcile partisan disagreements, and solve or ameliorate the contemporary appointments dilemma.

Upper-echelon legal officials, including Attorney General Alberto Gonzales and White House Counsel Harriet Miers, the Republican and Democratic Senate leadership, and Judiciary Committee members could assume responsibility for this endeavor. The Bush Administration and senators on each side of the aisle have perpetuated the unproductive dynamics that attended earlier appeals court selection. For example, the Chief Executive has renominated quite a few controversial lawyers, the Senate Judiciary Committee may have attempted to process some nominees more quickly than was advisable, and the Democrats have stalled floor debates and votes with filibusters. President Bush and senators from both political parties might want to abandon, or at least should reconsider, use of these measures, which have proved divisive and which can halt judicial appointments.

Senate members who represent all states located in particular regional circuits must enlarge communications there, among themselves and with the Chief Executive. If senators from every jurisdiction and the president assess and implement the recommendations above, they should be able to enhance the federal judicial selection process in these states, their appellate courts, and perhaps the nation.