Regrettably, the progress we made during the first 2 years of the Bush administration has not been duplicated, and the progress we made over the 8 years from 2001 to 2009 to reduce judicial vacancies from 110 to a low of 34 was reversed. The vacancy rate we reduced from 10 percent at the end of President Clinton's term to less than four percent in 2008 has now risen back to over 10 percent. In contrast to the sharp reduction in vacancies we made during President Bush's first 2 years when the Democratically controlled Senate confirmed 100 of his judicial nominations, only 60 of President Obama's judicial nominations were allowed to be considered and confirmed during his first 2 years. We have not kept up with the rate of attrition, let alone brought the vacancies down significantly. By now, judicial vacancies should have been cut in half, but they have not been. Unlike in the first 2 years of President Bush's first term when with a Democratic majority the Senate reduced vacancies from 110 to 60, judicial vacancies topped 90 in August 2009 and have remained above that level ever since. After tonight's confirmation, they will still number 95, putting at risk the ability of Americans to have a fair hearing in Court. The Senate must do better. The Nation cannot afford further delays by the Senate in taking action on the nominations pending before it. Judicial vacancies on courts throughout the country hinder the Federal judiciary's ability to fulfill its constitutional role.…
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