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"Judges Needed for Federal Courts" ("The Second Term" series, editorial, Dec. 13) correctly observes that the federal judicial selection process is broken and that Republicans have primary responsibility for delayed confirmations, especially of well-qualified consensus appellate and district court nominees. The difficulty has been G.O.P. departure from traditions honored as recently as the George W. Bush administration.
Republicans have slowly entered agreements for Senate floor votes and abandoned the longstanding practice of bundling together packages of numerous qualified uncontroversial district nominees for votes immediately before Senate recesses. Since August 2009, there have been at least 70 and as many as 110 vacancies.
The G.O.P. can begin to rectify this situation by agreeing to up-or-down votes on the 14 qualified appellate and district nominees, most of whom received Judiciary Committee approval with minimal substantive opposition. These have languished on the floor for months. For his part, President Obama should assign selection higher priority and continue submitting well-qualified nominees in a timely manner that facilitates expeditious Senate consideration.
CARL TOBIAS
Richmond, Va., Dec. 21, 2012
The writer is a professor of law at the University of Richmond.
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