On the recordMarch 19, 1997
2 of the 12 seats on the District of Columbia Court of Appeals are currently vacant. Some have argued that the vacancy to which Merrick Garland has been nominated should not be filled because the D.C. circuit is overstaffed. But the reasons Congress gave for approving 12 seats for the D.C. circuit remain compelling today and justify filling this vacancy. Further, to propose eliminating a circuit court judgeship within the context of a particular nomination, rather than through the deliberative process we normally follow in addressing judgeship needs, jeopardizes the impartiality and independence of the judiciary. Merrick Garland's nomination was first delivered to the Senate on September 6, 1995--more than 18 months ago. The Judiciary Committee held a confirmation hearing on the nomination on November 30, 1995, and forwarded the nomination for consideration by the full Senate 2 weeks later. The full Senate failed to act on Garland's nomination for 9\1/2\ more months, however, returning it to the President at the close of the 104th Congress. In fact, the Senate refused to confirm a single circuit court judge during the entire second session of the last Congress. This was the first time in more than 20 years that an entire session of Congress had passed without a single circuit court confirmation. Nonetheless, some argued that shutting down the confirmation process is par for the course in an election year. They are wrong. And let me set the record straight.…
Source
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