	Introduction

In recent years a subject of continuing interest to Senators has been the length of time taken for lower federal court nominations to receive Senate confirmation. This report seeks to inform the current debate in three ways: first, by providing an overview of the time taken by the Senate during recent presidencies to confirm U.S. circuit and district court nominees; second, by identifying potential consequences of a protracted confirmation process for such nominees; and third, by identifying policy options the Senate might consider to shorten the length of time from nomination to confirmation for U.S. circuit and district court nominees. A third section identifies possible consequences of the relatively longer periods of time lower federal court nominees have waited, once nominated, to be confirmed by the Senate. Length of Time from Nomination to Confirmation for Judicial Nominees Across Recent Presidencies

This section provides statistics related to the length of time it has taken for circuit and district court nominees, once nominated by the President, to be confirmed by the Senate. Figure 1 tracks by President, from Reagan to Obama, the mean (average) and median number of days from nomination to confirmation for all circuit and district court nominees confirmed during a President's tenure in office (whether one or two terms). In general, the average and median time from nomination to confirmation has increased during each presidency since President Reagan. Bush (103.7 days), and Reagan (68.7 days). Bush (85.5 days), and Reagan (45 days). The median waiting times from nomination to confirmation for district court nominees ranged from a high of 215 days, thus far, during President Obama's time in office to a low of 41 days during President Reagan's two terms. Increase in Vacancy Rates of Circuit and District Court Judgeships

A protracted confirmation process might contribute to an increase in vacancy rates for U.S. circuit and district court judgeships as well as an increase in the number of vacancies considered "judicial emergencies" by the Judicial Conference of the United States. Such difficulties might lead some individuals, who would otherwise be highly qualified nominees for the federal bench, to pass on the opportunity to be nominated. Excessive Emphasis on the Ideological or Partisan Predisposition of Nominees

Longer waiting times from nomination to confirmation might politicize the confirmation process in a way that leaves the public with the impression that the ideological or partisan predisposition of the nominee is the primary consideration in determining how the nominee will approach his or her work on the bench. During the G.W. Another option available to the Senate is to consider some judicial nominations as "privileged nominations" for the purpose of potentially shortening the time from nomination to confirmation. Treat District Court Nominations Differently than Circuit Court Nominations

Another option the Senate might consider is to treat, during various stages of the confirmation process, district court nominations differently than circuit court nominations. Such time frames might have the effect of shortening the confirmation process for judicial nominees as well as standardizing (as much as possible) the process across presidencies.
The process by which lower federal court judges are nominated by the President and considered by the Senate is of continuing interest to Congress. Recent Senate debate over judicial nominations has frequently concerned whether a particular President's judicial nominees, relative to the nominees of other recent Presidents, waited longer for their nominations to be considered by the Senate. This report addresses this issue by (1) providing a statistical analysis of the time from nomination to confirmation for U.S. circuit and district court nominees from Presidents Reagan to Obama; (2) identifying possible consequences of a protracted confirmation process for circuit and district court nominees; and (3) identifying policy options the Senate might consider to shorten the length of time from nomination to confirmation for lower federal court nominees.
In general, the mean (average) and median number of days from nomination to confirmation increased during each presidency since President Reagan. For circuit court nominees confirmed during a President's time in office (whether one or two terms), the average number of days elapsed from nomination to confirmation ranged from 68.7 days during the Reagan presidency to 350.6 days during George W. Bush's presidency. The median number of days from nomination to confirmation for circuit court nominees confirmed ranged from 45 days (Reagan) to 229 days (Obama).
For district court nominees, the average time between nomination and confirmation ranged from 67.9 days (Reagan) to 220.8 days (Obama). For district court nominees, the median time elapsed ranged from a low of 41 days (Reagan) to 215 days (Obama).
There are several potential consequences of a protracted confirmation process for lower federal court nominees. These include (1) consistently high vacancy rates for circuit and district court judgeships as well as a greater number of such vacancies considered "judicial emergencies" by the Judicial Conference of the United States; (2) detrimental effects on the management of the federal courts, including judicial caseloads; (3) greater difficulty in finding highly qualified individuals who are willing to be nominated to the federal bench; (4) the politicization of the confirmation process in a manner that might leave the public with the impression that the ideological or partisan predisposition of the nominee is the primary consideration in determining how the nominee will approach his or her work on the bench.
Three policy options discussed in the report include the following:
Utilizing time frames for various stages of the confirmation process for U.S. circuit and district court nominees, including the length of time from nomination to committee hearing as well as the length of time from committee report to final Senate action. Expediting the confirmation process for judicial nominations using "fast-track" procedures. Such procedures might include classifying some judicial nominations as "privileged nominations" as is currently done to expedite Senate consideration of nominations to some positions in the executive branch. Treating district court nominations differently than circuit court nominations by changing certain features of the confirmation process for district court nominations. Such changes might result in shortening the time from nomination to confirmation for district court nominees.