In explaining his intention to vote against Miguel Estrada’s nomination to the U.S. Court of Appeals, Senator Schumer said that Republicans opposed Clinton’s nominations to that court on the grounds that the court was at its “full complement of eight judges” which is sufficient for the court’s caseload. That’s simply not true. Republicans did claim that the D.C. Circuit needs no more than ten judges (out of twelve seats)– and the D.C. Circuit had ten judges when Republicans opposed further confirmations (after the confirmation of three Clinton appointees to that court, Judges Garland, Tatel, and Rogers). Now, however, the D.C. Circuit is down to eight judges. Should the Senate confirm all of Bush’s nominees to the Court, it would be back up to ten judges — precisely the level at which Republicans claimed it should be.