The Rule of Law

Minus the Rulers

This may not make you lose sleep at night but it should. We don't have enough judges to do
the work of Justice to make us all safe and living in a fully functioning Judicial system in America anymore according to White House counsel Bob Bauer who addressed the American Constitution Society today-check C-span today. Another bunch of judicial nominees were apparently held up indefinately last Thursday. Good qualified although a bit controversial people like Goodwin Liu have still not faced any up or down vote for the Ninth Circuit.
This has even Chief Justice Roberts worried as he noted in addressing some judicial conference recently on the point.
What happens when we can't get judges nominated is that there is an unbearable back log on cases, so cases get trial dates years and years later if they are not those covered by the Speedy Trial Act of a criminal nature. Civil matters are not heard for years and years and years which can really put a crimp on one's lifestyle if for example you are dealing with matters of contract affecting business or other issues that you just don't want tied up in court proceedings. It also means that litigants get short shrift and their matters are sometimes not given the full attention required to get the full story out which compromises rulings. It really affects the quality of judicial decisions. It is serious stuff. Judges don't want to have to practice in a manner where they cannot fully review and research issues in a file and it is causing good people to quit and other good people to turn down the job. It affects whether we do or do not have a basic rule of law that people have confidence in. The administration of Justice has to have integrity and not be a sham or people will lose faith in the system. That requires that we have enough judges for all the cases to have the time to properly assess them. That means more not less judges.
The recent death of the Arizona judge caused another crisis. Cases that were required under one statute to get to court in a certain amount of time were pushed back with the length of time extended much further out.
The lack of enough judges can and does compromise due process rights and perverts the system of fairness.

This is not a partisan issue as Chief Justice Roberts likely well agrees. It is a matter of fundamental constitutional rights of due process and integrity in our basic rule of law.
So here is a message to McConnell and any other happy republican playing 'tit for tat' politics
with judicial filibuster threats and stonewalling that would blush Jackson- get off it already.
No one appreciates it. It isn't funny. It is obnoxious.
We need more judges- and you are being obstructive to basic fairness.
We are watching you. And I am going to start keeping notes.