SCOTUS Justices thoughts about replacing Associate Justice Scalia

[PJMcK]

There is an on-going backlog of judges being approve for the Federal courts. The result is that the Federal courts are clogged with cases. In the past, different Supreme Court Justices have voiced concern about the slow pace of the Senate's approval process and its effect on the judicial process.

Given that each ideological side wants a nominee for their team, I suspect they are appalled that the vacancy won't be filled until late Spring in 2017. Could any of the current Justices comment on this issue?

[Dustlawyer]

1. I too would love to hear their thoughts on the matter!

I bet Alito and Roberts will keep their mouths shut, we know they would be willing to bend the rules. We also know that Thomas doesn't speak, unless it is at a Koch sponsored event!

[FSogol]

3. Deleting. Misread a misleading DailyKos article. n/t

Last edited Thu Feb 25, 2016, 03:01 PM - Edit history (1)

[onenote]

5. Untrue.

Alito was asked how the Court will cope with the vacancy created by the Scalia nomination and he answered that the Court would deal with it, pointing out that the Constitution doesn't specify the number of justices.

Its the same answer every one of the Justices would have given to that question.

[Justice]

6. Alito did not agree with McConnell.

[malaise]

4. Alito has already voiced an opinion

Scary

[Orrex]

2. They can give their opinions, but they have no official leverage in this matter

The authority is the President's, full stop. The GOP Senate is acting like a bunch of spoiled assholes, full stop.

The SCOTUS Justices don't have any basis to intervene, and they stand to gain nothing by expressing their opinions.

[Justice]

7. The backlog is at the District and Appellate Court levels so SCOTUS Justices have and will continue

to comment on this.

[Wellstone ruled]

8. The Republican Party is playing their last

Race Card against Obama,this is a all in play,and they are counting on a GOP White House.

[onenote]

9. There is a backlog, but I don't see how that relates to the Scalia vacancy

Roberts, in his annual report on the state of the judiciary has in the past mentioned to slow pace of confirmations, although I don't know that he has commented on it in the last several years.

Moreover, the backlog ebbs and flows and there are multiple reasons for it.

On January 1, 2009 (a few weeks before Bush left office), there were 53 vacancies (for which no one had yet been nominated in 27 instances).

On January 1, 2010, after a year in office (with a Democratic Senate), there were 100 vacancies , for which no one had been nominated in 80 instances).

By January 1, 2015, the number of vacancies had dropped to 43 with no pending confirmations (meaning no one had been nominated for any of the 43 vacancies)>

And as of January 1, 2016, the number of vacancies had climbed back to 76, with nominations pending to fill 34 of those vacancies, and no one nominate for the other 42.

http://www.uscourts.gov/judges-judgeships/judicial-vacancies


As general matter, President Obama has filled almost as many federal court of appeals and district court vacancies (321) during his first 7 years in office as Bush filled (323) in 8 years.

[randome]

10. Obama's interview for potential nominees.

"Do you have any objection to sitting in a waiting room until February or March of next year? No? Cool."
[hr][font color="blue"][center]There is nothing you can't do if you put your mind to it.
Nothing.[/center][/font][hr]