Address the two D.C. Circuit vacancies

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Because the U.S. Court of Appeals for the D.C. Circuit resolves many appeals from federal agency determinations that substantially affect U.S. citizens' health, safety and welfare and crucial matters related to national security, numerous observers have characterized the tribunal as the nation's "second most important court." Indeed, President Barack Obama, as a senator, remarked that the "D.C. Circuit is widely viewed as the second-highest court in the land." When the president was inaugurated, two of the 11 D.C. Circuit judgeships experienced vacancies. Yet, 18 months later, he has nominated no one for either opening. Thus, Obama must promptly nominate, and the Senate must expeditiously confirm, outstanding nominees for those vacancies...

There are a few reasons for the prolonged vacancies. Because the court is the nation's second most important, Democratic and Republican presidents have often looked to the tribunal for Supreme Court nominees. In fact, Chief Justice John Roberts Jr. and justices Ruth Bader Ginsburg, Antonin Scalia and Clarence Thomas all were D.C. Circuit judges. This factor has led the political party that does not control the presidency to scrutinize and even obstruct D.C. Circuit nominees whose perspectives they oppose, because D.C. Circuit confirmation would position them for Supreme Court nomination. These notions may well explain why the Senate did not confirm Roberts for the D.C. Circuit when he was first nominated, by President George H.W. Bush, and why it failed to approve Elena Kagan when President Bill Clinton nominated her...

A recent report suggesting that Caitlin Halligan, the general counsel in the Manhattan District Attorney’s Office, is undergoing an FBI background check for one vacancy is a promising sign.

President Obama must swiftly nominate, and the Senate must promptly confirm, two highly qualified nominees for the D.C. Circuit. America's second most important court needs all of its judges to deliver justice.

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202463617108&slreturn=1&hbxlogin=1


More on the potential Halligan nomination here:

Obama Administration Vetting N.Y. Lawyer for D.C. Circuit (often a stepping-stone to SCOTUS) (Fri Jul-16-10)
http://demopedia.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8761875