Bench Memos

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WSJ: Don’t Let Obama Pack the D.C. Circuit


In its lead house editorial today, the Wall Street Journal passes along word that “President Obama is close to nominating several new judges to sit on the D.C. Circuit Court of Appeals.” That’s in addition to the pending nomination of Sri Srinivasan, which the Senate Judiciary Committee unanimously reported to the full Senate last week. The WSJ makes a strong case for the Senate not to act on any new nominations. An excerpt:

The court doesn’t need the judges. The D.C. Circuit is among the most underworked court in the federal system.…

Last year the D.C. Circuit saw 108 appeals per authorized judge, compared to roughly four times as many on the Second and Eleventh Circuits—the country’s busiest. And the court’s workload is trending down. Even if the court had only eight authorized judges, its docket would still be among the lightest in the country.


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