The case of the missing judges
Federal district judges become suddenly very important when decisions with nationwide implications are in their hands. Say, when they decide to suspend the Food & Drug Administration approval of abortion pills, as an Amarillo district judge did this April. Or when they decide that those who help a pregnant person leave the state for an abortion cannot be prosecuted for rendering that assistance, as Austin District Judge Robert Pitman ruled two months earlier.
Austin isn't alone in facing a significant shortage of federal judges, although ours is more severe than in any other of the largest 30 cities in the United States. In general, Congress has not created enough benches to serve America's booming cities and regions. In particular, Presidents Joe Biden and Barack Obama did not prioritize judicial appointments in red states. It's been"neglect and indifference," says U.S. Rep.
Why the uneven distribution of judicial seats? It takes an act of Congress to create a new judgeship. Austin's district, for example, hasn't gotten a new seat in more than three decades. Meanwhile, recent Democratic presidents have been slow to appoint judges to fill vacant seats in red states, where Republican senators must approve of their nominations.When it comes to federal judges, Texas has been particularly neglected, and our numbers show it.
Generally, it's up to the senators to decide which vacancies to fill first. They then recommend candidates to the president, who picks a final nominee."It could work backwards. The White House can say, 'We're interested in these people,'" but it's rare, Prichard said. "Some remain the same, some have changed. One question has become fairly common in the last two to three years, and that is, 'Tell us how you feel about and how you would deal with nationwide injunctions,'" which are orders that put a stop to actions that threaten others' rights."That's become a hot-button issue.
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