Democrats have acted in an even-handed manner in considering President Bush's judicial nominees; as a result, President Bush has appointed nearly 200 federal judges (198 total, including 35 circuit court nominees) during his presidency. Democrats have supported a fair and efficient confirmation process while discharging their constitutional duties and protecting the fairness and independence of the federal courts. This reasonable approach was recently illustrated by the bipartisan agreement to have confirmation votes on 25 judicial nominees, including five circuit court nominees.

Ninety-Seven Percent Federal Judgeships Now Filled; Lowest Number Of Vacancies Since Reagan

Today, 851 men and women serve as judges in our Article III federal courts, which is more than at any time in our history. With only 28 vacant seats, 97 percent of the authorized judgeships are filled and we are at the lowest number of vacancies since the Reagan Administration.¹ There are now fewer vacancies on both the Circuit and District Courts than at any time in President Clinton's two terms.

Eighty-Eight Percent Of Bush's Nominees Confirmed Thus Far; Higher Than The 81 Percent Confirmed During Clinton's First Four Years

The high number of judicial confirmations reflects the significant work of the Senate in considering President Bush's judicial nominees. President Bush's judicial nominees have been confirmed at a rate better than or equal to his recent predecessors in their first or only terms in office.

Only Seven Nominees Blocked; All of Whom Are Outside The Mainstream

Democrats have used the filibuster sparingly, only to block a handful of judicial nominees with records outside the mainstream. Democrats have blocked only seven Bush judicial nominees. Republicans blocked confirmation votes on more than 60 of President Clinton's judicial nominees (including nearly two dozen Circuit Court nominees).

Senate Has Confirmed 35 Circuit Court Judges

The high level cooperation on judicial nominees extends to the Circuit Courts. The Senate has confirmed 35 Circuit Court nominees of President Bush. This is more than the first terms of President Reagan or President Clinton. This equals the number of Circuit Court confirmations in President Clinton's second term (Republicans blocked nearly half of Clinton's Circuit Court nominees from being confirmed).²

This year alone the Senate has confirmed five circuit nominees, which is five times more than were confirmed in the 1996 session, the last time a president was seeking re-election. In that session and in 2000, Republicans Senators applied the "Thurmond Rule" to allow only consensus nominees to be confirmed during this part of an election year.

Senate Democrats Uphold Constitutional Duties in Considering Bush Judicial Nominees

• Judges interpret our most fundamental rights and protections. Federal judges have the power to interpret the rights guaranteed to all Americans by our Constitution and our statutes. While we respect the President's power to propose candidates for lifetime positions on our federal courts, confirmed judicial nominees will serve for decades after a president leaves office and their decisions affect our freedoms for generations. Senators have a duty to the American people to ensure that the judicial nominees confirmed will be able to set aside their political or personal views, uphold the guarantees in the Constitution, and adjudicate all cases fairly and impartially.
  
  
• The responsibility to appoint fair judges to our federal courts is shared. Under the Constitution, the President has the power to propose individuals for positions of public trust and the Senate has the power to approve or decline to approve those nominees. The President should not abuse this power by nominating people whose records do not demonstrate that they will uphold the law and decide cases fairly. The Senate should not abuse its power by rubber-stamping extreme nominees. The Senate has acted responsibly in approving 198 of President Bush's judicial nominees and reducing vacancies to the lowest level in 16 years, while refusing to confirm unfit or unfair nominees.
  
  
• Obstructionist charges are unsubstantiated. Charges from Republicans that the Democrats are pursuing an obstructionist strategy are unsubstantiated. The Democrats have blocked only 7 of President Bush's judicial nominees from getting confirmation votes; Republicans blocked more than 60 of President Clinton's nominees. President Bush's judicial nominees have been confirmed at a rate better than or equal to his recent predecessors in their first or only terms in office.
  
  

2^# Only 35 of 64 circuit court nominees were confirmed between 1997 and 2000, according to CRS.