One of the basic tenets of the of the Sixth Amendment is the right to a speedy trial. But what if there aren't enough judges to make that possible?
...more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse. (President Barack) Obama has nominated replacements for more than half of those spots, including 44 nominees for the district court and seven for the appeals court. Yet the Senate has confirmed only nine district and appeals court judges this year — and only four since (Supreme Court Justice Antonin) Scalia died.
Senate Majority Leader Mitch McConnell (R-Ky) has slowed the approval process for federal judges and in the case of Supreme Court nominee Merrick Garland refused to hold a confirmation hearing since he was nominated. Overall the delays make it more difficult for those who remain on the bench to do their jobs.
“These vacancies make it harder for the federal courts to do their job,” said Sen. Dick Durbin of Illinois, the No. 2 Senate Democrat. “Right now there are 30 outstanding judicial nominees who have been reported out of committee and who are waiting for a vote on the Senate floor, but the Republican majority will not give them votes even though some of these nominees have been waiting for nearly a year and even though they would be easily confirmed. ”
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Justice delayed is justice denied, said British prime minister William E. Gladstone in an 1842, an idea the U.S. court system seems to have embraced.
The U.S. court system has declared 35 of the vacancies “judicial emergencies,” a designation based on how many filings are in the district and how long the seat has been open.
Senate Democrats, along with some Republicans who want to fill vacancies in their home states, are pushing ... McConnell to hold confirmation votes in the lame-duck session between the election and the end of the year.