Today’s Washington Post reports on President-elect Donald Trump’s potential to reshape the federal judiciary, beginning by nominating judges to fill the 107 vacancies on the federal bench, including 14 appellate vacancies (with more on the way). The article repeats allegations that this number of vacancies is due to an ”unprecedented” level of obstruction. President George W. Bush appointed 62 appellate judges, whereas President Obana only appointed 55, and the reluctance of a Senate controlled by the opposite party to move on a President’s nominations is part of the reason — but only part.

President Obama has appointed more federal judges (329) than did President Bush (326), and this is despite being far slower to nominate judges to pending vacancies. Of the 107 vacancies, only 59 have nominees. Republicans have indeed stalled and blocked some of President Obama’s nominees. Yet the obstruction of lower court nominees is nothing new. It’s also significant that President Bush was willing to offer concessions (nominating Roger Gregory and Barrington Parker) and make deals (nominating Helene White as part of an exchange) to see his appellate nominees confirmed, whereas President Obama was not.

For reference, here’s the confirmation rate for appellate nominees over the past 36 years, listed by President.

  • Reagan – 88 percent
  • Bush – 79 percent
  • Clinton – 77 percent
  • Bush – 67 percent
  • Obama – 82 percent

Of course, this is only part of the story, but it’s an important part. For more on the history of lower court judicial nominations, see this VC post from 2013.