Dec 19 (Reuters) - For judicial confirmations, 2011 went
out not with a bang but a whimper.
The Senate didn't confirm any of the pending 21 judicial
nominees before adjourning for its end-of-the-year break on
Saturday. The lack of action further stalled the Obama
administration's chances of making headway on a nominee backlog
that is threatening to slow down the federal courts.
Currently, there are about 80 vacancies on the federal
bench.
The Senate to date has confirmed 124 circuit and district
court nominees during Obama's first three years in office;
during the comparable period for Obama's predecessor George W.
Bush, the Senate confirmed 168 nominees.
The chamber will often take up a slew of nominees before a
long break. At the end of 2010, for example, the Senate
confirmed 19 judicial nominees before it broke for its holiday
recess. By contrast, this December the Senate has confirmed
just five nominees. The last confirmation was that of Morgan
Christen to the 9th Circuit Court of Appeals on December 15.
Judicial confirmations have been caught in partisan
wrangling over recess appointments. Republicans have tried to
hinder the administration from filling a vacancy at the helm of
the new consumer watchdog agency by a recess appointment, a
method that would avoid a protracted confirmation battle.
Republicans allowed few confirmations to go through after
Senate minority leader Mitch McConnell said on Saturday he
didn't receive word from the president that he would "respect
practice and precedent on recess appointments."
The Senate is now in a "pro forma" session, meaning it
meets briefly every few days, rather than in an actual recess.
That prevents the President from making a recess appointment.
Absent unanimious consent from all senators - a highly
unlikely scenario given the rancor in Washington these days -
the chamber won't take up any nominations until it returns next
month.
Also on Saturday, the Senate returned eight judicial
nominees to the President, a formal process that requires the
administration to re-nominate those nominees. Such nominees are
often considered to be endangered; Caitlin Halligan, a federal
appeals nominee who earlier this month was effectively
filibustered by Senate Republicans, is one such nominee
returned to the President. All other pending nominations will
remain in effect.
The Senate is scheduled to take up its next judicial
confirmation vote on January 23, when it considers the
nomination of John Gerrard to be district court judge in
Nebraska.
(Reporting by Carlyn Kolker)
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