The ever-reliable Russell Wheeler of the Brookings Institution has produced a report on President Obamaโs judicial confirmations as of the summer recess in this election year. Among his findings:
1. On federal appellate nominations: โPresident Obamaโs circuit confirmation success rate so far stacks up fairly well compared to those of his immediate predecessors.โ His rate, โ45 percent so far in 2012, is greater than either [President George W. Bushโs or President Clintonโs], and his 71 percent rate overall is only exceeded by the 77 percent rate in Clintonโs first term.โ
2. Itโs โa different storyโ for Obamaโs federal district nominations: โAs it stands now, Obamaโs 125 confirmations, an 80 percent rate, are well below either of the final figures for the first terms of Clinton (87 percent) or Bush (97 percent), and slightly below those of their second terms.โ (Iโve previously highlighted this disparity between Obamaโs district-court nominations and his appellate nominations.)
3. โOne little-noted reasonโ for the increase in district-court vacancies under Obama โis that many more district judges left active service during Obamaโs administration than they did during Clintonโs or Bushโs during the same period.โ (More on this in my next post.)






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